Mississippi Public Record Law

The Mississippi Public Records Act of 1983, codified as Mississippi Code Annotated 25-61-1, governs public access to government records in the state. The law ensures transparency by granting residents and other requesters the right to inspect, search, and obtain copies of public records maintained by state and local government agencies.

Birth Records
Court Records
Criminal Records
Death Records
Divorce Records
Inmate Records
Marriage Records
Traffic Violation Records

Where Do I Submit a Public Record Request in Mississippi?

Mississippi does not have a centralized system for requesting or submitting public records. Instead, each state government agency maintains and manages its records. Each agency in Mississippi designates a record custodian responsible for receiving, processing, and responding to public records requests. Most agencies list their record custodian contact information on their official websites. Therefore, to submit a public records request, visit the website of the specific agency where the record is domiciled.

How Do I Request Public Records in Mississippi?

Record seekers may request public records in Mississippi by taking the following steps:

  • Identify the correct agency that holds the records.
  • Prepare and submit your request to the record custodian. Although Mississippi law does not require a standard form, many agencies provide official request forms on their websites. Requests may be submitted via email, mail, fax, or in person.
  • Provide identification, if required. Some agencies may require proof of identity before making available public records.
  • Pay the required fees. Agencies may charge fees for searching and copying records.

While some public records may be available on third-party websites, record seekers may take precautions before using these sources. These platforms collate data from unofficial sources and may contain outdated or incomplete information.

What Records are Public in Mississippi?

While there are various types of public records in Mississippi, the most frequently requested public records in the state include:

  • Vital Records: These include birth records, death records, marriage records, and divorce records. While these records are public records, they are usually restricted to the person named on the record, their immediate family members, their legal representatives, and persons with verifiable interests.
  • Property Records: Mortgages, deeds, building permits records, zoning records, land surveys, property tax records, and plats.
  • Judicial/Court Records: The Mississippi trial court system comprises several courts, including Circuit Courts, Chancery Courts, County Courts, Youth Courts, Justice Courts, and Municipal Courts. Frequently requested records from these courts include civil case files, criminal case files, dockets, and judgments.
  • Law Enforcement Records: These records include incident and accident reports, arrest records, inmate records, crime statistic reports, and sex offender information.
  • Government Financial Records: Expenditure reports, budgets, audit reports, grants records, contracts, and procurement records.

Who Can Request Public Records in Mississippi?

Under the Mississippi Public Records Act, any person may have the right to inspect, examine, and obtain copies of public records held by state and local government agencies. The term "person" under the Act is broadly defined to include individuals, both residents and non-residents, businesses, partnerships, associations, corporations, organizations, nonprofits, and government agencies.

What Is the Response Time for Public Records Requests in Mississippi?

Under Section 25-61-5 of the Mississippi Public Records Act, record custodians are required to respond to public record requests within a specific timeframe as follows:

  • Where the agency has not adopted specific written procedures, it may respond to public records requests within one working day of receiving the requests
  • If the agency has adopted written policies regarding public record requests, it may extend the response time to seven working days

What Is the Fee Charged for Providing Copies of Public Records?

Mississippi law allows government agencies to charge fees for fulfilling public records requests. The fees cover the cost of duplication and the labor associated with searching, reviewing, and compiling the information. While the law does not specify a fee, it does require the fee to be reasonable and not be above the actual cost of duplicating records. Likewise, if labor costs are included, the rate is based on the lowest-paid employee capable of conducting the record request.

What Records Are Exempted Under the Mississippi Public Law?

Although the state permits access to public records, not all records are accessible to the public. Per Section 25-61-11, certain public records are exempted from public disclosure, including:

  • Personnel records, such as employment applications and performance evaluations
  • Academic records, especially those containing personal information about students
  • Personal information of law enforcement and judicial personnel
  • Attorney work papers
  • Medical examiner reports
  • Individual tax records
  • Proprietary information and trade secrets
  • Workers compensation records
  • Archaeological records
  • Law enforcement investigative reports
  • Jury deliberations
  • IT infrastructure details and security documentation
  • Persons identifiers, including social security numbers and financial account details
  • Medical and mental health records
  • Juvenile records