Mississippi Criminal Records
Mississippi criminal records are official documents that provide a summary of a person’s criminal activities or history if there is any. Criminal records include information on past arrests, convictions, and indictments. Under the Mississippi Public Records Act, criminal records are public and are available upon request, usually by potential employers.
What Are the Types of Crimes in the Mississippi?
A Mississippi criminal record may show different types of crimes according to category. It could be an infraction, violation, misdemeanor, or felony.
Infractions
Compared to misdemeanors or felonies, an infraction is a minor offense that only requires a fine and no jail time. The best examples of this type of crime in Mississippi are traffic violations.
Misdemeanors
Misdemeanors, also known as petty crimes, are less serious compared to felonies but are punishable by a fine not exceeding $1,000 or jail time of up to one year, or both.
Below are some common examples of misdemeanors and their corresponding punishment.
- Possession of marijuana (30 grams or less) - a fine between $100 to $250
- Simple domestic violence or simple assault - six months of jail time and a $500 fine
- Disturbing the peace - six months of jail time and a $500 fine
- Child neglect or abuse without substantial harm - one year in jail and a $1,000 fine
- Petit larceny or property thief of less than $1,000 - one year in jail and a $1,000 fine
- Stalking - one year in jail and a $1,000 fine
- Hazing resulting in substantial injury -six months in jail and a $2,000 fine
Felonies
Felonies are the most severe crimes an offender can commit in Mississippi. The punishment can vary depending on the gravity of the felony like the following:
- First-degree murder - life imprisonment
- Robbery - maximum of 15 years imprisonment
- Residential burglary - three years to a maximum of 25 years imprisonment
- Aggravated domestic violence - two years to a maximum of 10 years imprisonment
- Property theft over $1,000 - maximum fine of $10,000 and maximum 20 years of imprisonment
- Mortgage fraud - maximum fine of $5,000 and maximum 10 years of imprisonment
- Manslaughter - maximum fine of $500 and maximum 20 years of imprisonment
In most cases, a felony charge can result in the loss of a person’s right to vote or hold certain jobs. Felonies are also harder to expunge compared to misdemeanors.
How Does Probation Work in the Mississippi?
Instead of incarceration, a judge in Mississippi can issue probation as an alternative for qualified defendants. Once a judge grants probation, the Probation Agent will immediately conduct a supervision interview to inform the offender of the conditions of their probation. Some of the most common rules include:
- Reporting regularly to their assigned probation officer
- Complying with curfew
- Completing community service
- Appearing at scheduled hearings
- Restricting or avoiding alcohol or drug use
- Participating in drug testing
- Attending rehabilitation programs
- Wearing a GPS monitor when required
However, note that very serious crimes like capital murder, murder, and manslaughter will automatically disqualify an offender from getting probation. Habitual offenders and those with previous convictions are also automatically disqualified from probation.
How Does Parole Work in the Mississippi?
Unlike probation, where a defendant doesn’t have to do any jail time, inmates should serve more than 25% of their prison sentence before they can be eligible for parole. That means that someone sentenced with a maximum of two (2) years of imprisonment must serve at least nine (9) months of their prison sentence. An offender sentenced to 30 years imprisonment must serve at least eight (8) years before they qualify for parole.
Just like with probation, some crimes are not eligible for parole if they were committed on or after June 30, 1995, including the following:
- Arson
- Residential burglary
- Murder
- Capital murder
- Robbery
- Crimes of a sexual nature
- Drive-by shooting
- Aggravated assault, including domestic violence
- Kidnapping
- Manslaughter
- Drug trafficking
- Child abuse
- Child neglect and endangerment
- Felony with an enhanced penalty
Although an inmate may be eligible for parole, they are not guaranteed since parole are under the complete discretion of the Parole Board. Certain factors like the gravity of the crime, the offender’s criminal history, and the timeframe when the crime was committed will all be taken into consideration when making parole decisions.
How Does Expungement Work in the Mississippi?
In most cases, misdemeanors are the only type of crimes that can be expunged in Mississippi criminal records. Felonies like larceny, shoplifting, malicious mischief, possession of controlled substances, and false pretense also qualify for expungement.
Offenders who fit the criteria for expungement can file their petition to the county court, municipal court, circuit court, or the judge where their case was filed. They also need to fill out the appropriate form to expunge criminal records with a conviction or expunged criminal records on a dismissed case.
Note that a $50 filing fee applies when submitting a motion for expungement.
Under the Mississippi Code Section 99-19-71(2) (a), the following felonies are not eligible for expungement:
- Crime of violence
- Abuse, neglect, or exploitation of a vulnerable person
- Failure to register as a sex offender
- Voyeurism
- First-degree arson
- Trafficking in controlled substances
- Subsequent DUI offense
- Possession of firearms
- Witness intimidation
- Embezzlement
How To Obtain a Criminal Record in the Mississippi
There are several ways how the public can access Mississippi criminal records.
Online
The most convenient method of searching for criminal records in Mississippi is online. The Mississippi Electronic Court System (MEC) is an online database of the state’s courts that allow any interested public to perform criminal record searches.
However, note that the MEC database requires an annual registration fee of $10, plus an additional fee of $0.20 for every page viewed during the search.
Third-party sites also provide criminal record searches. However, the available information from these sites may be limited given that they are not government–funded websites.
Most online requests of criminal record searches require a full name and a date of birth.
In-person or by mail
The public can also get a copy of their criminal records in-person at the Department of Public Safety’s Criminal Information Center. Criminal records through a background check request are available 30 days after the date of request and require a $32 search fee. Records are available for delivery via mail or fax, and requesters need to provide the following details:
- Name
- Address, including city, state, and zip code
- Fax number
Mailed requests should be addressed to the Mississippi Bureau of Investigations (BOI) enclosed with a $32 check or money order payable to the BOI.
Mississippi Bureau of Investigations
Attention: CIC/Background Checks
3891 Highway 468 West
Pearl, MS 39208
For employers or any other interested parties, the state requires a completed and signed Release Background Authorization Form and a copy of the requesting party’s driver’s license or state ID if they wish to access someone else’s Mississippi criminal records.
Counties in Mississippi
- Adams
- Alcorn
- Amite
- Attala
- Benton
- Bolivar
- Calhoun
- Carroll
- Chickasaw
- Choctaw
- Claiborne
- Clarke
- Clay
- Coahoma
- Copiah
- Covington
- Desoto
- Forrest
- Franklin
- George
- Greene
- Grenada
- Hancock
- Harrison
- Hinds
- Holmes
- Humphreys
- Issaquena
- Itawamba
- Jackson
- Jasper
- Jefferson
- Jefferson Davis
- Jones
- Kemper
- Lafayette
- Lamar
- Lauderdale
- Lawrence
- Leake
- Lee
- Leflore
- Lincoln
- Lowndes
- Madison
- Marion
- Marshall
- Monroe
- Montgomery
- Neshoba
- Newton
- Noxubee
- Oktibbeha
- Panola
- Pearl River
- Perry
- Pike
- Pontotoc
- Prentiss
- Quitman
- Rankin
- Scott
- Sharkey
- Simpson
- Smith
- Stone
- Sunflower
- Tallahatchie
- Tate
- Tippah
- Tishomingo
- Tunica
- Union
- Walthall
- Warren
- Washington
- Wayne
- Webster
- Wilkinson
- Winston
- Yalobusha
- Yazoo