MS HB1441

Public employers prohibited from asking applicants about criminal history until applicant has signed a release waiver, is being considered for a specific position, and has received an interview

If background check reveals criminal history, public employers must consider nature and gravity of offense, time elapsed, applicant's age at time of offense, job-relatedness, and rehabilitation before making employment decision

Arrests not resulting in conviction cannot be used as basis for disqualifying applicants from public employment

Applicants must be informed of adverse employment decisions based on background checks and given opportunity to dispute accuracy or demonstrate they were misidentified

Applies to state of Mississippi and all state offices, departments, agencies, institutions, colleges, and universities; exempts positions requiring criminal history checks by state or federal law (such as those involving direct contact with minors or elderly) and does not apply to private employers