MS SB2635

Public employers in Mississippi are prohibited from inquiring about an applicant's criminal history until the applicant has signed a release waiver, is being considered for a specific position, and has received an interview.

Criminal history cannot be a preliminary bar to employment consideration; public employers must evaluate criminal records based on nature and gravity of the offense, time elapsed, applicant's age at time of offense, job relatedness, and evidence of rehabilitation.

Arrests that did not result in conviction cannot be used as grounds for disqualification from public employment.

Public employers must notify applicants of potential adverse employment decisions based on background checks and provide an opportunity for applicants to challenge inaccuracies in the report.

The act applies to all state agencies, departments, and public institutions, with exceptions for positions requiring criminal history checks by law (such as those involving direct contact with minors or elderly), private employers, and certain Senate-confirmed positions.