Mississippi Arrest Records

Mississippi arrest records refer to a person’s complete history of arrests if there are any, which is usually included in an individual’s criminal records history. However, an arrest record does not necessarily mean a person has committed criminal activity. A person can get arrested for interrogation purposes or if law enforcement authorities believe them to be involved in any criminal activity.

An arrested person is considered innocent until they are tried and proven guilty. However, all arrests can remain on a person’s record unless they file for expungement. Arrest records are open for public inspection and scrutiny under the Mississippi Public Records Act.

Arrest records usually contain the following information:

Full name of the arrested person
Date of birth
Details of the alleged offense
Date and time of the arrest
Place of the arrest
Status of the case
Arresting officer
Name of the judge who issued the arrest warrant
Information on the holding facility

What Laws Govern Arrests in Mississippi?

The laws that govern arrests in Mississippi are available from the state’s rules of criminal procedure.

Arrest with a warrant

A person arrested with a warrant can be released and appear before the court if a judge issues a provision for bail.
If the person arrested cannot afford bail, they will be detained no later than 48 hours after the time of the arrest and must appear before a judge. If the person fails to appear before a judge on or after the 48-hour window, the arresting agency must release the person. However, the defendant shall remain in the custody of law enforcement agencies if their offense is not bailable.
The arresting officer must give a copy of the warrant of arrest stating the reason for the arrest, the issuing judge, and the details of the person named in the warrant.

Arrest without a warrant

An officer of the law or a civilian can make an arrest without a warrant if an offender has committed a felony.
An officer can arrest an offender without having a warrant in their possession if there is already an outstanding warrant for the offender.
An officer can arrest an offender if they believe that the person has committed a misdemeanor or a felony involving domestic violence, sexual assault, or violated a court order of protection or a restraining order.

Note that arrest warrants are not necessary if the suspect is an escaped felon, is attempting to escape, or is doing the crime in progress.

What Is the Arrest Booking Process in Mississippi?

The arrest booking process in Mississippi starts with the law enforcement officer performing a criminal background check on the arrested person through the National Crime Information Center (NCIC). Any results from the NCIC will become part of the person’s Mississippi arrest records and criminal history in addition to the current arrest.

Upon arrest, the officer may perform a search of the person and the immediate area. As part of the protocol, the police or any law enforcement officer can take any article that may be used in court as evidence to incriminate the arrested person. Afterward, the alleged offender will be read his or her rights. They will be given a chance to make a phone call to their family or their attorney or have the court appoint one for them if they cannot afford it.

Afterward, the arrested person can be stripped and searched depending on the nature and severity of the crime or offense for which they got arrested. Afterward, the police will take their fingerprints and run them on local and state databases to check for any priors. As part of evidence and proof of the arrested person’s physical condition, the police will take mugshots and detain the person until a date of appearance before a judge is set to determine the availability of release through bail.

What Are Mississippi Mugshot Records?

Mugshot records or photos are included in Mississippi arrest records during the booking process. Usually, a police photographer will get a headshot and photograph the offender from the shoulders up as further proof of their current condition at the time of the arrest. Mugshots can also serve as evidence for victims identifying their assailants.

Most inmate records include mugshots to help the public become aware of offenders. Mugshots are also available in Mississippi through local law enforcement agencies like the police department or the sheriff’s office.

How Long Does an Arrest Record Stay in Mississippi?

Under certain circumstances, Mississippi arrest records will remain on file unless the arrested person files for expungement.

Expungement also applies to dropped charges, dismissed cases, or cases with no disposition.

Arrest records are easier to expunge if the charges were dismissed, remanded, or dropped, or if the person pled guilty but was not convicted. Expungement also applies if the case was resolved or if it was a first offense for the defendant. Arrests without any formal charges or prosecution within a year of the arrest is also available for expungement.

However, not all arrest records in Mississippi are eligible for expungement. Arrests for convictions for violent felonies like rape, manslaughter, murder, robbery, or burglary of a dwelling are all examples of cases that are not applicable for expungement under the Mississippi Code. Defendants who were required to register as sex offenders also do not qualify for expungement.

Any other records of arrest and convictions are available for expungement five years after an offender has completed their sentence, including shoplifting, bad check crimes, malicious mischief, false pretenses, larceny, and drug possession, to name a few. Expungement also comes with a fee and is not free in Mississippi.

How To Expunge an Arrest Record in Mississippi

To file an expungement for Mississippi arrest records, the defendant must meet the needed requirements, fill out the expungement form, and pay the necessary filing fee to the court where the case was heard. Filing fees may vary depending on the county and the court where the case was heard.

Unfortunately, not all felony cases are not eligible for expungement. Below is the list of crimes that are not eligible for expungement in Mississippi:

Violent crimes
Sexual crimes, including not registering as a sex offender
Multiple DUI offenses
First-degree arson
Trafficking of a controlled substance
Felony in possession of firearms
Embezzlement
Witness intimidation
Abuse, exploitation, or neglect of a vulnerable person

How To Search Mississippi Arrest Records

Since Mississippi arrest records are public, they are available through multiple channels in the state. As part of a person’s criminal records history, they are available by request through the Criminal Information Center.

Note that background check requests via CIC are available 30 days upon request and come with a $32 search fee. Requesters must provide their name, current address, and fax number for mailed requests and address it to the Mississippi Bureau of Investigations (BOI).

Mississippi Bureau of Investigations
Attention: CIC/Background Checks
3891 Highway 468 West
Pearl, MS 39208

Walk-in requests are also available between regular business hours from 8:00 a.m. to 5:00 p.m. at the BOI.

Third parties looking into another person’s Mississippi arrest records need a Release Background Authorization Form and a copy of their state ID or license to access records.

The public can search for arrest records through local law enforcement agencies like police departments and sheriff’s offices. Third-party websites are also available for free and quick searches, although the information may be limited compared to websites with official government information.