Go Back

Mississippi Background Check

Employers across Mississippi actively compete with each other to find and find the best candidates for their vacant job. However, hiring processes can create considerable stress on employers. Therefore, they carry out an exhaustive Mississippi background check before the hiring process is crucial.

Background checks on employment applicants in Mississippi can help employers verify the applicants' previous work and educational history and any criminal convictions. In addition, this procedure can assist employers in ensuring a safe and secure working environment for their employees and clients and guard against any potential legal liability.

 

Mississippi Background Check

 

An employee background check in Mississippi is not to be considered an afterthought but should be a crucial part of your business's hiring process.

Based on our experience of conducting Mississippi background screening for businesses located in Jackson, Laurel, Greenwood, and many more, we have developed this comprehensive guide for employers to understand the process of screening employees in Mississippi.

Four important reasons employers are required to Mississippi Perform background check

There are many reasons Mississippi Employers conduct a background check on prospective applicants and employees. The most frequent motives are listed below.

Routine checks for positions at the lower levels although entry-level workers may not have the same tasks as mid-and upper-level employees, it's important to conduct background checks before hiring for these positions.

In this regard, most hiring managers in Mississippi conduct background checks before hiring as a regular element of the hiring process to verify the information they've stated on their application and look for any criminal convictions that would disqualify applicants.

  1. Specific Screens for Supervisory Posts

Because managers and supervisors are entrusted with multiple responsibilities, companies that employ these jobs typically conduct thorough screenings before hiring applicants.

  1. Employment Background Checks are conducted at regular Periods.

In certain industries, employers conduct continuous background checks on their current employees at specific times.

For instance, trucking firms must perform annual checks on the driving reports for their drivers. Different types of employers also conduct regular screenings of their employees after hiring.

  1. Employment checks on applicants for positions that provide care for the vulnerable

Employers who offer services for people who have a mental illness, disabilities, or the elderly and children must conduct thorough background checks on all applicants and volunteers.

They do this to ensure the safety of those they are serving.

The kinds of background check reports requested by firms that offer services to the most vulnerable are often more extensive than the reports requested by other employers.

Mississippi Employment Background Check Laws 2022

Employers who plan to perform Mississippi background checks should be sure they adhere to both state and federal laws. A brief description of the laws that apply is given below.

Federal Laws on Employment Background Checks

Fair Credit Reporting Act (FCRA)

The FCRA is an unconstitutional law that the Federal Trade Commission (FTC) enforces. The law ensures confidentiality, accuracy, and fairness of background data gathered, stored, and published by consumer reporting agencies (CRAs) and the ways employers can use it.

Employers must inform applicants they will conduct background checks in writing and obtain their written authorization before conducting the checks. For example, suppose the background check results reveal information about an indictment or conviction. In that case, the FCRA obliges employers to follow the adverse action procedure before deciding whether or not to employ an applicant.

Title VII of the 1964 Civil Rights Act

Title VII of the 1964 Civil Rights Act is a federal law that the Equal Employment Opportunity Commission (EEOC) enforces. The law prohibits discrimination against employees and applicants because of their affiliation with protected groups.

Title VII applies to the background check process for employment. Background check process when a background report contains criminal background information.

Before an employer can decide not to take on an applicant based on the information provided, an employer must examine the applicant's conviction on its own related to the job.

Mississippi State Laws on Employment Background Checks

Extinguishment of Certain Misdemeanors or felony convictions

Mississippi contains an expurgation law located at Miss. Code SS 99-19-71. This law allows first offenders who have misdemeanor convictions to ask the court to remove their records.

Individuals who have the initial convictions for the felonies listed below can seek the removal of their records after 5 years have passed after they have completed the conditions and terms for their sentence:

  • Passing bad checks
  • The simple having a possession permit for a drug or drug paraphernalia
  • Pretenses
  • Larceny
  • Shoplifting
  • Malicious mischief

 

Individuals can only receive one expungation. Convictions expunged will not be publicly reported. Anyone who has had an expungement may claim that they don't have convictions under the law.

However, the law explicitly declares that employers aren't restricted from asking prospective employees if they have expunged any convictions.

There is no Ban-the-Box Law.

Mississippi is not a state with local ordinances or county laws, or state laws that prohibit employers from asking regarding their criminal record in their application or during interviews for jobs.

What's in a background check for work In Mississippi?

The information you will find on the report of a background check for employment in Mississippi will differ based on the particular kinds of reports you want. For example, most employers in Mississippi require information on the criminal history of their applicants and past employment, and the level of education they have.

Employers that hire candidates for driving jobs must verify their driving records. Many also require drug tests prior to hiring.

You may find the following kinds of information during the pre-employment background check:

  • Criminal convictions that are not expunged
  • Criminal cases pending
  • Arrests that lead to convictions
  • List of the sex offender registry
  • History of education
  • Employment background
  • History of address
  • List of the Domestic Terrorist Watch List

 

To find out what kinds of information may appear in these reports, check out the following article.

Criminal History Report

If the applicant is convicted of one or more unpunished criminal convictions, the following kinds of details will be disclosed regarding every conviction:

  • Offense date
  • The type of offense
  • Infraction severity (felony or misdemeanor)
  • Disposition
  • Date of disposition
  • Sentence

 

If the applicant has expunged their conviction and is not reflected in the record, it will not show.

Education Verification Report

A report on education verification will contain the following details about the school that an applicant has been to:

  • Name and address of each school that is attended
  • The dates of attendance for each school
  • All diplomas, degree certificates, or certificates that are awarded

 

Education verification lets you confirm the claims of your applicants regarding the institutions they attended and any certificates or degrees they claim to be holding.

Employment Verification Report

Verification of employment report includes the following kinds of information on the applicant's employment with all employers in the past:

  • Names and addresses of all former employers
  • Dates of employment
  • The titles and positions that are that were given

How far back do Background Checks take place in Mississippi?

The FCRA regulates the length of time that background screenings in Mississippi can go back. According to the FCRA, it is possible to have a seven-year time frame for looking back for jobs that pay less than $75,000.

The following kinds of information are not recorded if it is seven or more years old

  • Arrests that didn't result in convictions
  • Civil lawsuits
  • Civil judgments
  • Liens
  • Bankruptcies

 

The restrictions on the lookback period do not apply to employment records that pay $75,000 or more annually. The same is not the case for criminal records older than seven years old.

However, convictions that have been expunged for more than seven years won't be recorded.

Other kinds that are background-related, like information on an applicant's prior employment, credentials, or educational background, are not governed by the FCRA's"lookback" period and are available to be disclosed regardless of the date of the data.

What is the best way to get a background screening within Mississippi?

Employers can request Mississippi Criminal records after submitting authorization forms filled out by the applicants and images of driver permits in the Mississippi Department of Public Safety. Mississippi Department of Public Safety.

Health facilities can submit requests to the Mississippi State Department of Health.

Conducting background checks using the state's bureaucracies won't provide all the details you require on the applicants. For example, you may only receive information regarding Mississippi criminal records. Still, there is no information on the convictions of other states or regarding the applicant's previous employment or educational background.

Employers may opt for a DIY approach to background checks. This involves searching the Mississippi public record, confirming with several agencies, and contacting former employers and educational institutions. However, this method may not provide complete information, and it could take weeks to complete.

The most effective method to conduct background checks on employees to conduct background check checks for employment in Mississippi is to use a reliable service such as The Koleman Group LLC. We offer complete, up-to-date, precise, and conforming to the requirements of FCRA background check reports to all of our customers.

If I am an employer in Mississippi, How can I Ensure I'm Compliant?

If you don't adhere to the rules governing the background check, you and your business may be subject to fines and penalties and legally liable.

To stay on track, adhere to these steps.

  1. Individually assess Convictions

If you discover that the applicant has been convicted of a crime, You must evaluate the situation about your current position. Don't decide to reject the candidate without doing an individual evaluation.

  1. Send a Pre-Adverse Action Notification

Suppose you are planning to reject an applicant based on their criminal history revealed during the background check. In that case, you must provide a pre-adverse notice.

It is imperative to mention the exact conviction and provide the applicant with an official photocopy of the background report in the notice. Give the applicant a deadline by which they must meet to clarify the details.

  1. Offer a Final Negative Action Notice

If you decide to continue employing the applicant after the adverse action procedure, you must send a final adverse notice. This notice should make certain to inform the applicant of their rights according to the FCRA.

How often should I Conduct a background check in Mississippi?

How often you need to run background screening in Mississippi will depend on the type of jobs you are offering. For instance, employers in transportation must conduct annual background checks of their employees under FMCSA guidelines.

Many manufacturing companies opt to test their employees regularly for drug use. their current employees safeguard workers from harm and prevent accidents.

Businesses that offer services to the most vulnerable populations regularly conduct screenings of employees and volunteers to ensure that they are not guilty of any infractions that could disqualify them from employment.

What Qualifies You for a Background Check for Mississippi?

Candidates can be denied posts for various reasons. The most frequent reasons are listed below.

Certain Criminal Convictions

Although not all convictions will make an applicant unqualified for an opportunity, an applicant with a conviction that directly pertains to the job is likely to be rejected because of the conviction.

False Representations of Jobs from the Past

Certain applicants lie regarding their work history to make themselves appear better. For example, people who lie about their job dates, titles, and similar information will be rejected for work.

The Truth About Education

The applicants may also make up stories about the colleges they have attended, as well as whether they've received certificates, diplomas, or certificates. Making false statements about their qualifications in a resume or application is likely to cause a rapid dismissal of your application.

Probable Driving Record

Employers offering driving positions often request driver's records on backgrounds checks. People with multiple traffic convictions are likely to be denied due to liability and insurability concerns.

Positive Results in the Pre-Employment Test for Drugs

Many employers offer conditional offers of employment contingent on applicants' ability to pass the pre-employment drug tests. If applicants show positive results on drugs in these tests could get their offer withdrawn.

What is the cost of a background check in Mississippi?

The criminal background report issued by the Mississippi Department of Public Safety costs $30 for each report. This type of report won't provide complete information regarding criminal convictions from other states or your applicant's employment and educational record.

Certain employers can find vendors on the internet who claim to conduct free Mississippi background checks. Avoid such vendors as they are often not compliant with the FCRA and may provide incorrect or outdated information. Making use of this type of information in hiring can risk you being held responsible.

The best solution is to partner with an established FCRA-compliant background check provider like The Koleman Group LLC. We have a wealth of resources and utilize sophisticated research techniques to swiftly deliver up-to-date, reliable, and precise background check reports that comply with all applicable laws.

You can select only the information you require to ensure that you don't need to purchase unnecessary data.

We have a wide selection of backgrounds on a variety of screens. If you need to purchase more than 50 reports each year, you can discount our bulk orders. Contact us to get a no-cost estimate, no-obligation today: (618) 398-3900

What is the length of time a Background Check Last to complete in Mississippi?

The time required to conduct a background check will depend on the method you decide to use. If you apply for a background check to the Mississippi Department of Public Safety, the agency claims that it should take 30 days.

The majority of employers in Mississippi cannot afford to wait for weeks before receiving background check reports and making hiring decisions. The necessity of making quick hiring decisions is yet another reason to work in conjunction with The Koleman Group LLC. With our extensive research techniques and extensive sources, we can provide background check reports in a timeframe of just a few hours.

The Koleman Group LLC is your trusted partner for Fast and accurate, as well as compliant Mississippi Background Exams.

Mississippi employers must consider their background checks for employment as an integral part of the process of hiring. Background checks will help ensure that you make the right hiring decisions and reduce your risk of liability.

At The Koleman Group LLC, we have accessibility to trustworthy databases and the expertise to provide current, accurate, and FCRA compliant background checks for our customers in Mississippi.

Contact us now to find out more about our offerings and to get a no-cost estimate: (618) 398-3900

Disclaimer: The materials provided in this article are meant to be educational only and are not legal advice. Contact your attorney for legal concerns regarding your particular practices and compliance with applicable laws.


Updated on 2022-06-07 21:33:49 by larry coleman

Recent Posts


The Koleman Group LLC
Current Country
US