State law · For employers
Mississippi background check laws for employers
What Mississippi law says about background checks for employment, beyond the federal Fair Credit Reporting Act (FCRA). Each section shows the rule, who it covers, its exceptions and the law it comes from.
Reviewed
Primary sources
10 laws cited
On this page
At a glance
The Mississippi rules on each topic, in one line. Federal law applies to every topic.
| Topic | Mississippi rule |
|---|---|
| Criminal history questions | No state rule. Federal law applies. |
| Limits on what a report includes | No state rule. Federal law applies. |
| Sealed and expunged records | Expungement is by petition, not automatic. Since July 1, 2026, a person convicted of an eligible felony may petition 3 years after completing the sentence (it was 5 years before; HB 2026-1546). |
| Credit checks | No state rule. Federal law applies. |
| Salary history | No state rule. Federal law applies. |
| Cannabis | No off-duty protection and no testing limits. Adult use is not legal in Mississippi. |
| Drug testing procedures | Testing is voluntary. A private employer comes under the state act only if it elects to, by stating in its written policy and applicant notice that the program follows the chapter (71-7-27); an employer that elects must follow all of it. |
| State consumer reporting law | No state rule. Federal law applies. |
Sealed and expunged records
Who it covers: All employers (an expunged record is treated as if it never occurred for most purposes).
In force since: July 1, 2026
Expungement is by petition, not automatic. Since July 1, 2026, a person convicted of an eligible felony may petition 3 years after completing the sentence (it was 5 years before; HB 2026-1546). Only one felony expunction is allowed. Excluded felonies include crimes of violence, first-degree arson, drug trafficking, third or later DUI, felon in possession of a firearm, failure to register as a sex offender, voyeurism, witness intimidation, abuse of a vulnerable person, embezzlement, and, since July 1, 2026, felony procuring or promoting prostitution. A first-offender misdemeanor (not a traffic violation) is also expunged by petition, and a court must expunge, on petition, an arrest record where the case was dismissed, the charges were dropped, there was no disposition, or the person was acquitted. The effect is to restore the person to the status held before the arrest or indictment, and the person is not guilty of perjury or a false statement for not disclosing it. But an employer may still ask an applicant whether an order of expunction has been entered. No clean-slate bill has passed; 2025 and 2026 automatic-expungement bills died.
Miss. Code Ann. 99-19-71(2)(a), as amended by HB 1546 (2026 Reg. Sess.), enrolled bill · Miss. Code Ann. 99-19-71(2)(a), as amended by HB 1546 (2026) · Miss. Code Ann. 99-19-71(3), as reenacted by HB 1546 (2026) · Miss. Code Ann. 99-19-71(3), as reenacted by HB 1546 (2026) · HB 1546 (2026) s. 4 (effective date) · HB 1546 (2026) bill history · Miss. Code Ann. 99-19-71(2)(a) before HB 1546
Cannabis use and testing
Who it covers: All employers.
In force since: February 2, 2022
No off-duty protection and no testing limits. Adult use is not legal in Mississippi. The Mississippi Medical Cannabis Act (2022) says the chapter does not require any employer to permit, accommodate, or allow medical cannabis use or to modify any job or working conditions; does not prohibit an employer from refusing to hire, discharging, or disciplining a person for medical cannabis use; and does not create a cause of action against an employer. Employers may discipline for ingesting cannabis in the workplace or working under the influence. An employer may not be penalized or denied a state benefit for employing a cardholder.
SB 2095 (2022 Reg. Sess.), Mississippi Medical Cannabis Act, Section 7(1)(b) (enrolled bill, legislature site) · SB 2095 (2022), Section 7(1)(c) · SB 2095 (2022), Section 10(2) · SB 2095 (2022), Section 8(2) · SB 2095 (2022) bill history
Drug and alcohol testing procedures
Who it covers: Private employers that elect to test under Miss. Code Ann. 71-7-1 et seq. (71-7-27); public employers that test.
In force since: July 1, 2002
Testing is voluntary. A private employer comes under the state act only if it elects to, by stating in its written policy and applicant notice that the program follows the chapter (71-7-27); an employer that elects must follow all of it. Under the act: employees get a written policy statement at least 30 days before testing starts, with listed contents (grounds for testing, consequences, the right to contest or explain a positive, the drugs tested for); applicants must be told in writing, on application and before collection, that they may be tested; collection must be reasonable and sanitary with chain of custody; the person may list medications before the test; every positive initial test must be confirmed by an alternate method of equal or greater sensitivity. Applicants may be required to test as a condition of the application, and a refusal or confirmed positive may be a basis to refuse hire. The chapter does not apply to employers covered by federal testing rules (71-7-29).
Exceptions
- 71-7-27: a private employer that does not elect (or rescinds) is governed by contract and common law, not the chapter
- 71-7-29: employers subject to federal drug and alcohol testing law or regulations
Miss. Code Ann. 71-7-3(1), as amended by HB 905 (2002 Reg. Sess.), enrolled bill (2002 wording: 'alcohol testing'; current code reads 'drug and alcohol testing') · Miss. Code Ann. 71-7-9(3)(b), as amended by HB 905 (2002) · Miss. Code Ann. 71-7-11, as amended by HB 905 (2002) · Miss. Code Ann. 71-7-5(2)(a) · Miss. Code Ann. 71-7-3(1) · Miss. Code Ann. 71-7-3(5) · Miss. Code Ann. 71-7-27(1) · Miss. Code Ann. 71-7-29
We checked this against an unofficial copy of the law. The official text was not freely available online. Check the official code before you rely on it.
Where federal law alone applies
We found no Mississippi rule for private employers on these topics. The FCRA and other federal laws still apply.
- Criminal history questions
- Limits on what a report includes
- Credit checks
- Salary history
- State consumer reporting law
Adverse action notices
Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Mississippi requirements where they apply.
The waiting period calculator gives the date under the federal rule.
Paperwork at hire
Besides the federal Form I-9 and W-4, Mississippi sets these for each new hire.
- State withholding. Have each new hire complete Form 89-350 and keep it on file. If the employee does not file one, withhold on total wages with no exemption. Form 89-350
- New hire report. Report each new hire to Mississippi within 15 days. State new hire reporting
- Notices at hire. Mississippi adds none beyond the federal forms that every employer gives.
- E-Verify. Every Mississippi employer must enroll in E-Verify and use it to verify every newly hired employee. Contractors and subcontractors may not hire anyone without it.
Build the new hire checklist for Mississippi, with city rules, special cases and a due date for each item.
Sources
- Miss. Code Ann. 99-19-71(2)(a), as amended by HB 1546 (2026 Reg. Sess.), enrolled bill
- HB 1546 (2026) bill history
- Miss. Code Ann. 99-19-71(2)(a) before HB 1546
- SB 2095 (2022 Reg. Sess.), Mississippi Medical Cannabis Act, Section 7(1)(b) (enrolled bill, legislature site)
- SB 2095 (2022) bill history
- Miss. Code Ann. 71-7-3(1), as amended by HB 905 (2002 Reg. Sess.), enrolled bill (2002 wording: ‘alcohol testing’; current code reads ‘drug and alcohol testing’)
- Miss. Code Ann. 71-7-5(2)(a)
- Miss. Code Ann. 71-7-3(1)
- Miss. Code Ann. 71-7-27(1)
- Miss. Code Ann. 71-7-29
Last reviewed · General information, not legal advice.
After the hire
Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.