MS HB863

Prohibits public employers and private employers with 11+ employees from inquiring about an applicant's criminal history until after the applicant has signed a release waiver, is being considered for a specific position, and has received an interview.

Requires employers to consider five criteria before rejecting an applicant based on criminal history: nature and gravity of offense, time elapsed since offense, applicant's age at time of offense, whether offense relates to job duties, and evidence of rehabilitation.

Prohibits using arrest records that did not result in conviction as basis for disqualification from public employment.

Requires employers to inform applicants of potential adverse employment decisions based on background checks and give applicants opportunity to challenge accuracy of the report.

Exempts positions required by state or federal law to have criminal history checks (including roles involving direct interaction with minors or elderly), law practice, and Senate-confirmed appointments from these requirements; establishes jurisdiction for violations in Circuit Court of Hinds County First Judicial District; effective July 1, 2023.