Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Mississippi: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Mississippi does not have a statewide ban the box or fair chance hiring law for private employers. Private employers may ask about criminal history on the initial job application and at any stage of the hiring process. Mississippi law also voids any local ordinance that would regulate what information an employer may request from an applicant, so no city or county can adopt a stricter local rule.
Criminal Record Lookback Period
Mississippi has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Mississippi has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Mississippi allows expungement of certain convictions, along with charges and arrests that did not result in a conviction, subject to eligibility limits and waiting periods. Expunged records are removed from public access and generally will not appear on a routine employment background check.
Salary History Ban
Mississippi does not have a statewide salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
Mississippi does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Mississippi has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Mississippi has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Mississippi has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Mississippi's Medical Cannabis Act prohibits an employer from penalizing an applicant or employee, or denying them any benefit, solely because of their status as a registered cardholder. The law does not require an employer to permit on the job use or impairment, and employers may still enforce drug free workplace policies and drug testing. Recreational marijuana remains illegal.
Pre-Adverse Action Notice & Waiting Period
Mississippi has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Mississippi has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Mississippi has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare & Health Care Facility Screening
Mississippi requires a fingerprint based state and FBI criminal history background check for employees at licensed childcare facilities, with certain violent or sex offenses resulting in automatic disqualification. A similar background check requirement applies to direct care workers at health care and long term care facilities.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
Mississippi has no local ordinances regulating background checks or hiring inquiries by private employers.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Mississippi gives employers wide latitude, but a few requirements still apply. To stay compliant:
Provide a clear disclosure and obtain written authorization before running a background check. Do not ask about or consider expunged criminal records. Run the required fingerprint based background check before hiring for any childcare or health care facility role. Follow the FCRA's pre-adverse and final adverse action process before denying employment based on a report. Do not deny employment or a job benefit to an applicant solely because they are a registered medical cannabis cardholder; on the job use and impairment still do not need to be accommodated.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Mississippi Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Mississippi law.