Mississippi Criminal Records

Mississippi criminal records are official documents that detail a person's interactions with law enforcement and other agencies that make up the Mississippi criminal justice system. These documents include arrest records, warrants, charges, case dispositions, sentencing information, and jail/incarceration records. Recent statistics indicate that Mississippi has a violent crime rate of approximately 2.45 incidents per 1,000 residents and an overall crime index of about 19.92 per 1,000 residents.

The Mississippi Department of Public Safety (MDPS) is the state's central repository for criminal history record information and collates, maintains, and disseminates this information to interested parties through its Criminal Information Center. Additionally, local law enforcement agencies (police departments and sheriff's offices), trial courts within the Mississippi Judiciary, and other state agencies, like the Mississippi Department of Corrections, also maintain and provide access to criminal record information.

Are Criminal Records Public in Mississippi?

Mississippi criminal records are generally accessible to the public under the Mississippi Public Records Act of 1983. However, access to certain criminal records may be restricted based on specific exemptions outlined in the Act or other state laws. For instance, juvenile records, records that could compromise ongoing law enforcement investigations, and expunged records are typically considered confidential and not subject to public disclosure.

How To Look Up Criminal Records in Mississippi?

The Mississippi Department of Public Safety (MDPS) provides interested parties with access to official criminal history record information through its Criminal Information Center. To this end, the department offers an online tool that individuals may use to obtain copies of their own criminal records. There is a $32 fee per request, and checks are typically processed within 30 days.

Criminal record requests may also be made by submitting an Authorization to Release Background Information form, along with the required fees, to the MDPS at:

The MDPS also offers fingerprint-based background checks, but these are generally limited to criminal justice agencies and certain non-criminal justice purposes. Contact the MDPS at (601) 933-2600 for more information.

How To Search Mississippi Arrest Records?

Arrest records in Mississippi are generated when a person is taken into custody by law enforcement, primarily local agencies like police departments and sheriff's offices, but also state-level agencies like the Mississippi Highway Patrol. These arrest records typically contain details like:

• The name, age, race, and sex of the person arrested
• The date, time, and location of the arrest
• The arresting officer and the law enforcement agency
• The offense(s) for which the person was arrested
• Booking information (which may include mugshots and fingerprints)
• Information regarding bail or bond, if applicable

Requests for copies of Mississippi arrest records typically have to be made directly to the law enforcement agency that carried out the arrest. Some agencies provide online portals that may be used to submit these requests, while others will require an in-person visit or a mail-in request submission. Some county sheriff's offices and city police departments also offer online access to limited arrest information, such as recent arrest logs or booking information, through their official websites.

How To Search Mississippi Warrants?

A warrant in Mississippi is a legal document issued by a judge that authorizes law enforcement officers to take specific actions, such as arresting individuals or searching specific locations. Several types of warrants are issued in Mississippi, including:

• Criminal Arrest Warrants: These are issued when there is reasonable cause to suspect that a person is involved in the commission of a crime, and they authorize law enforcement to arrest this person.
• Search Warrants: These warrants are also issued based on reasonable cause, and they authorize law enforcement officials to search and seize personal property (as specified in the warrant).
• Bench Warrant: These are issued when an individual fails to appear in court or violates a court order and authorize law enforcement to apprehend and detain the person.

Arrest and bench warrants issued in Mississippi typically remain active until they are served or recalled by the issuing court. On the other hand, search warrants have to be executed within a timeframe specified by the issuing judge (note that this timeframe cannot exceed 10 days). You may obtain information on active warrants in Mississippi by contacting the local law enforcement agency or relevant court in the county where the warrant was issued. Some counties may also offer online access to warrant information; however, the availability and detail of this information can vary.

Can I Obtain a Mississippi Criminal History Record of Another Person?

You may obtain a copy of another person's criminal history record through the Mississippi Department of Public Safety (MDPS), but only with their written consent and authorization. To obtain the record, you must submit an Authorization to Release Background Information form that has been properly completed and signed by the record's subject to:

Note that the form must also be notarized. Alternatively, the record's subject may submit a background check request online and indicate that the record should be released to you (they will have to provide your contact details). There is a $32 fee per background check requested, and requests are usually processed within 30 calendar days. Queries may be directed to the MDPS at (601) 933-2600.

How To Expunge or Seal Mississippi Criminal Records

Mississippi law allows for expungements, which is the legal process of removing an arrest or conviction from a person's criminal record, making it inaccessible to the public. However, certain agencies, such as law enforcement and courts, may still view expunged records in specific situations. The legal framework for these expungements is outlined in Title 99 of the Mississippi Code (the state's criminal procedure law), primarily Sections 99-19-71 and 99-15-59 of this law.

Eligibility for expungement in Mississippi depends on the type of offense and the outcome of the case. Generally, arrests that did not lead to a conviction, first-offense misdemeanor convictions (excluding traffic violations), and non-violent felonies may be expunged. However, certain offenses, including violent crimes, arson, voyeurism, and failure to register as a sex offender, cannot be expunged. Likewise, the state only allows for one felony expungement per person.

The Mississippi expungement process typically involves the following steps:

• Determine eligibility. This involves confirming that the offense qualifies for expungement under state law and that you have completed the stipulated waiting periods. Waiting periods are typically determined by the type of record to be expunged and range from 12 months for misdemeanor arrests that were not formally charged to five years (after the imposed sentence is completed) for felony convictions.
• Gather relevant documents. This typically involves obtaining a copy of your criminal record from the MDPS, case details, and other necessary documents to get clear information on your criminal history.
• File a petition. You will need to submit an expungement petition to the court with jurisdiction over the case.
• Notify the district attorney. Per state law, you are required to give the district attorney at least 10 days' written notice before any court hearing for felony expungements.
• Attend the scheduled hearing. The court will typically schedule a hearing where the petition will be reviewed and objections (if any) evaluated.
• Receive the court's decision. After the petition has been reviewed and all arguments heard, the court will issue an order either granting or denying the expungement request.

What Are the Limitations to the Use of Criminal Records for Employment, Licensing, and Housing in Mississippi?

Employers, housing providers, and licensing bodies in Mississippi are generally required to adhere to several laws when considering applicants with criminal records. These include the Fair Chance Act, which prohibits federal agencies and contractors within the state from asking about an applicant's criminal history until they have made them a conditional job offer. Similarly, Mississippi Code Section 73-77-7 prevents licensing boards from denying a professional license solely based on a past conviction unless the offense is directly relevant to the profession. Per state law, licensing boards must assess applicants individually, using several factors (including the seriousness of the offense and rehabilitation efforts), and those denied a license due to criminal history have the right to appeal the decision.

All employers in Mississippi (both public and private) also have to comply with the Fair Credit Reporting Act (FCRA), which requires them to obtain written consent before conducting background checks and provide notice if they take adverse action based on the results. Guidelines from the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD) also discourage blanket policies that exclude applicants based on criminal history without an individualized assessment. Instead, they encourage employers and landlords to evaluate applicants on a case-by-case basis, considering factors like the nature of the offense and time since conviction.

Can I Access Mississippi Criminal Records for Free Online?

Many private websites claim to offer free access to Mississippi criminal records, while others offer this access at a cost. However, the accuracy and reliability of the information on these sites can vary significantly. For official and up-to-date criminal record information in Mississippi, it is best to use official resources like the MDPS' background check tool, the Mississippi Electronic Courts (MEC) system, or a premier platform that aggregates data from verified databases, like MississippiPublicRecords.us.