Can a Mississippi employer ask about criminal history on a job application?

Yes. Mississippi has no ban-the-box law, so employers can ask about criminal history at any point in the hiring process, including on the initial application. There are no state restrictions on the timing or manner of criminal history inquiries.

Can I get my record expunged in Mississippi?

Possibly, but eligibility is limited. Mississippi allows expungement for certain first-time, non-violent offenses under Miss. Code § 99-19-71. You must have completed your sentence and have no subsequent convictions. The process requires filing a petition with the court where you were convicted. Some felonies and all violent offenses are excluded.

Does Mississippi have any plans for Clean Slate or ban-the-box laws?

As of early 2026, Mississippi has not enacted Clean Slate or ban-the-box legislation. The state has been slower than many others to adopt criminal justice reform measures in the employment context. Advocacy efforts continue, but no legislation is currently pending.

What offenses are eligible for expungement in Mississippi?

Eligible offenses generally include first-time misdemeanors and certain non-violent felonies. Specific eligible felonies include drug possession (first offense), bad check charges, shoplifting, and some property crimes. Violent offenses, sex offenses, DUI (third or subsequent), and offenses involving minors are generally not eligible. The list of eligible offenses has been expanded in recent years.

How long do I have to wait before I can petition for expungement?

The waiting period depends on the offense. For misdemeanors, you generally must wait at least 2 years after completing your sentence (including probation). For eligible felonies, the waiting period is typically 5 years after completing your sentence. You must have no subsequent convictions during the waiting period.

Can an employer in Mississippi deny me a job solely because of my criminal record?

Mississippi has no state law specifically prohibiting this. However, federal law (Title VII of the Civil Rights Act) may apply. The EEOC has issued guidance stating that blanket policies excluding anyone with a criminal record can constitute illegal discrimination if they disproportionately affect people of a particular race or national origin. Employers should consider the nature of the offense, time elapsed, and relevance to the job.

How do I get a copy of my Mississippi criminal record?

You can request your criminal history through the Mississippi Department of Public Safety, Criminal Information Center. You may need to submit fingerprints and pay a processing fee. Having a copy of your own record helps you know what employers will see and allows you to address any errors.

Mississippi Background Check Laws

No state lookback limitLast updated: 2026-04-01

Mississippi has no state-level limits on background check reporting — convictions can appear indefinitely. There is no ban-the-box law and no Clean Slate law. Limited expungement is available for first-time, non-violent offenses.

Overview

Mississippi offers minimal protections for people with criminal records when it comes to background checks. The state has no lookback limit beyond federal FCRA defaults, no ban-the-box law, and no Clean Slate legislation. Convictions can be reported indefinitely by consumer reporting agencies. However, Mississippi does provide limited expungement for first-time, non-violent offenses under Miss. Code § 99-19-71. For people rebuilding their lives in Mississippi, understanding your specific eligibility for expungement is often the most impactful step you can take.

How Far Back Does a Background Check Go in Mississippi?

Record Type	Rule in Mississippi
Felony Convictions	Felony convictions can be reported indefinitely. There is no state law limiting how far back a felony conviction can appear on a background check.
Misdemeanor Convictions	Misdemeanor convictions can be reported indefinitely under Mississippi law. There is no state-imposed time limit.
All Convictions	No state lookback limit. Mississippi follows federal FCRA rules, which allow consumer reporting agencies to report convictions indefinitely regardless of how old they are or the salary of the position.
Arrests (No Conviction)	Non-conviction arrest records are limited to 7 years under federal FCRA rules (15 U.S.C. § 1681c(a)(2)), but Mississippi does not impose additional state-level restrictions beyond the federal standard.
Pending Cases	Pending criminal cases can be reported by consumer reporting agencies as they represent active court matters.

Ban the Box / Fair Chance

No statewide law

Mississippi does not have a ban-the-box law. Employers — both public and private — may ask about criminal history at any point in the hiring process, including on the initial job application. There are no state-level restrictions on when criminal history inquiries can occur.

Clean Slate / Auto-Sealing

No Clean Slate law

Mississippi does not have a Clean Slate (automatic record sealing) law. There is no automatic process for sealing or expunging criminal records. Mississippi does offer limited petition-based expungement for certain first-time, non-violent offenses under Miss. Code § 99-19-71. Eligibility is narrow, and the process requires filing a petition with the court.

What Employers Can Do in Mississippi

When can employers ask about criminal history?: At any point in the hiring process, including on the initial job application. Mississippi has no state law restricting the timing of criminal history inquiries by employers.
What can they consider?: Employers can consider the full criminal history of an applicant without state-imposed time limitations. There are no state-specific requirements for how employers must evaluate criminal records in hiring decisions. Federal anti-discrimination law (Title VII) still applies — using criminal history as a blanket disqualifier may constitute illegal discrimination if it has a disparate impact on protected groups.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Mississippi

Mississippi Expungement Statute (Miss. Code § 99-19-71)
Allows first-time offenders convicted of certain non-violent misdemeanor or felony offenses to petition for expungement after completing their sentence. Eligibility is limited to specific offenses, and the petitioner must have no subsequent convictions.
Mississippi Non-Adjudication Statute (Miss. Code § 99-15-26)
Allows courts to withhold adjudication for certain first-time offenders who plead guilty, placing them on probation. Successful completion can result in the charge being dismissed and eligible for expungement.
Federal Fair Credit Reporting Act (15 U.S.C. § 1681)
The primary governing law for background checks in Mississippi, since the state has few additional protections. Limits reporting of non-conviction arrests to 7 years, but allows indefinite reporting of convictions.

Frequently Asked Questions — Mississippi

How far back does a background check go in Mississippi?: There is no state limit in Mississippi. Consumer reporting agencies can report convictions indefinitely under federal FCRA rules. Arrests that did not lead to a conviction are limited to 7 years under federal law, but convictions have no time limit.
Can a Mississippi employer ask about criminal history on a job application?: Yes. Mississippi has no ban-the-box law, so employers can ask about criminal history at any point in the hiring process, including on the initial application. There are no state restrictions on the timing or manner of criminal history inquiries.
Can I get my record expunged in Mississippi?: Possibly, but eligibility is limited. Mississippi allows expungement for certain first-time, non-violent offenses under Miss. Code § 99-19-71. You must have completed your sentence and have no subsequent convictions. The process requires filing a petition with the court where you were convicted. Some felonies and all violent offenses are excluded.
Does Mississippi have any plans for Clean Slate or ban-the-box laws?: As of early 2026, Mississippi has not enacted Clean Slate or ban-the-box legislation. The state has been slower than many others to adopt criminal justice reform measures in the employment context. Advocacy efforts continue, but no legislation is currently pending.
What offenses are eligible for expungement in Mississippi?: Eligible offenses generally include first-time misdemeanors and certain non-violent felonies. Specific eligible felonies include drug possession (first offense), bad check charges, shoplifting, and some property crimes. Violent offenses, sex offenses, DUI (third or subsequent), and offenses involving minors are generally not eligible. The list of eligible offenses has been expanded in recent years.
How long do I have to wait before I can petition for expungement?: The waiting period depends on the offense. For misdemeanors, you generally must wait at least 2 years after completing your sentence (including probation). For eligible felonies, the waiting period is typically 5 years after completing your sentence. You must have no subsequent convictions during the waiting period.
Can an employer in Mississippi deny me a job solely because of my criminal record?: Mississippi has no state law specifically prohibiting this. However, federal law (Title VII of the Civil Rights Act) may apply. The EEOC has issued guidance stating that blanket policies excluding anyone with a criminal record can constitute illegal discrimination if they disproportionately affect people of a particular race or national origin. Employers should consider the nature of the offense, time elapsed, and relevance to the job.
How do I get a copy of my Mississippi criminal record?: You can request your criminal history through the Mississippi Department of Public Safety, Criminal Information Center. You may need to submit fingerprints and pay a processing fee. Having a copy of your own record helps you know what employers will see and allows you to address any errors.

Mississippi Resources

Mississippi Department of Public Safety — Criminal Records
State agency responsible for criminal history records. Request your own record to see what employers can access.
Mississippi Center for Legal Services
Free legal help for low-income Mississippians, including assistance with expungement petitions and understanding your rights.
Mississippi Volunteer Lawyers Project
Connects low-income individuals with volunteer attorneys who can help with civil legal matters including expungement.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Mississippi for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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