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Conducting Criminal Record Checks in Mississippi

Filed under Office & HR.

Employers in Mississippi are permitted or required to conduct criminal record checks in accordance with these rules.

Prospective employees of residential institutions, facilities, clinics, organizations and other entities that provide children with the following services are required to follow a pre-employment procedure that includes a national criminal history background and fingerprint check:

  • care
  • lodging
  • maintenance
  • counseling or therapy for alcohol or controlled substance abuse, or any other emotional disorder or mental illness

A child residential facility may not employ a person, or allow a person to serve as a volunteer, who would provide services to children for the entity if the person:

  • has a felony conviction for a crime against persons
  • has a felony conviction under the Uniform Controlled Substances Act
  • has a conviction for a crime of child abuse or neglect
  • has a conviction for any sex offense
  • as a conviction for any other offense committed in another jurisdiction or any federal offense that would constitute one of the offenses listed above without regard to its designation in that jurisdiction or under federal law

A child residential facility that fails to complete sex offense criminal history record information and felony conviction record information checks as described above will be subject to a penalty for each such violation and may be enjoined from further operation until it complies.

Child care facilities are required to conduct criminal background checks on all caregivers.

Child care service employers are prohibited from utilizing sex offenders as employees or volunteers.

The Mississippi tax commission is authorized to require fingerprinting of an applicant or licensee, and the casino and alcoholic beverage personnel of a licensee, and the forwarding of all fingerprints taken to the FBI.

Employers of commercial motor vehicle drivers must be provided with specified employment related information about the ten years preceding the date of application at the time of the application.

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