MS HB34

Prohibits public employers from asking applicants about criminal history until after they have signed a release waiver, are being considered for a specific position, and have received an interview.

Requires public employers to consider five factors when evaluating an applicant with a 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 disqualification based on arrest records that did not result in conviction and requires employers to notify applicants of adverse decisions based on background checks with opportunity to correct inaccurate information.

Applies to State of Mississippi agencies, departments, institutions, and instrumentalities, but exempts positions required by state or federal law to obtain criminal history (including those involving direct contact with minors or elderly) and private employers.

Takes effect July 1, 2025, with jurisdiction over complaints in the circuit court of the First Judicial District of Hinds County.