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Mississippi background check laws for employers
Mississippi has no ban-the-box or fair-chance law for private or public employers; 2025 and 2026 bills for public employers died in committee. Employers may ask whether an applicant has had a record expunged. Hospitals, nursing homes, home health agencies, hospices and similar providers must have criminal history checks on new direct-care staff.
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Fair-chance hiring (criminal history)
- No Mississippi statute was found that limits when a private employer may ask about criminal history or that requires an individualized assessment; federal FCRA steps apply.
- A 2026 'Ban-the-Box Act' bill covering only public employers (HB 201) died in committee, as did a similar 2025 bill (HB 34) (Miss. Legislature bill status).
State consumer report rules
- No Mississippi law adding steps beyond the federal FCRA for employment background checks was found; federal FCRA rules apply.
How far back a report can go
- No Mississippi law limiting how far back a background report may go was found; the federal FCRA limits apply.
- An expunction order does not stop an employer from asking an applicant whether an expunction order has been entered for them (Miss. Code § 99-19-71(3)).
- A person with an expunction order is restored to the legal status held before the arrest, and is not guilty of perjury or a false statement for not mentioning the expunged matter (Miss. Code § 99-19-71(3)).
Credit checks
- No Mississippi statute was found that limits employer use of credit reports beyond the federal FCRA.
Also good to know
- Hospitals, nursing homes, personal care homes, home health agencies, hospices, adult foster care facilities and healthcare staffing agencies must have a criminal history record check done on every new employee who gives direct patient care (Miss. Code § 43-11-13(6)(a)-(b)).
Common questions
Can Mississippi employers run a background check?
Mississippi has no ban-the-box or fair-chance law for private or public employers; 2025 and 2026 bills for public employers died in committee. Employers may ask whether an applicant has had a record expunged. Hospitals, nursing homes, home health agencies, hospices and similar providers must have criminal history checks on new direct-care staff.
Does Mississippi have a ban-the-box law for private employers?
No Mississippi statute was found that limits when a private employer may ask about criminal history or that requires an individualized assessment; federal FCRA steps apply.
How far back does a background check go in Mississippi?
No Mississippi law limiting how far back a background report may go was found; the federal FCRA limits apply.
Can Mississippi employers run credit checks on applicants?
No Mississippi statute was found that limits employer use of credit reports beyond the federal FCRA.
Sources
- Miss. Code § 99-19-71 (Justia)
- Miss. Code § 43-11-13 (Justia)
- Miss. Legislature 2025 HB 34 history (official)
- Miss. Legislature 2026 all-measures list incl. HB 201 (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.
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