Mississippi has very little state law on employment or tenant screening. It has no state consumer reporting act for background checks. It has no statewide ban-the-box law for public or private employers, and the National Employment Law Project does not list a statewide fair-chance hiring policy. There is no state tenant screening statute. In practice, the federal Fair Credit Reporting Act is the main protection for Mississippi job seekers and renters.
That federal protection still matters. A background check company must use reasonable procedures for maximum possible accuracy. It generally cannot report arrests or other non-conviction records more than seven years old, unless the job pays $75,000 a year or more. An employer must get your written permission before ordering a report. It must also give you a copy and a summary of your rights before taking adverse action based on it. Mixing up people with similar names, reporting a dismissed charge as a conviction, or listing the same case twice can all violate the FCRA.
Mississippi's expungement statute, Miss. Code Ann. § 99-19-71, allows some people to petition a court to expunge certain misdemeanor and felony convictions, and some arrests and charges that did not lead to a conviction. Expungement in Mississippi generally requires a petition, so a record can stay public until a court grants one. If a background check still reports a record after it has been expunged, the report may be inaccurate under the FCRA.
Where Mississippi FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Mississippi are heard in 2 federal districts:
- Northern District of MississippiCourthouses: Aberdeen, Greenville, Oxford.Filed with local or cooperating counsel
- Southern District of MississippiCourthouses: Jackson, Gulfport, Hattiesburg, Natchez.Filed with local or cooperating counsel
Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:
- Checkr: HQ in N.D. California
- First Advantage and Sterling: HQ in N.D. Georgia
- RealPage: HQ in N.D. Texas
Which court is right depends on your facts. We'll tell you at your free case review.
Common background check errors
- Someone else's criminal or eviction record matched to you by name
- Dismissed, sealed or expunged cases still reported
- Charges reported as convictions, or misdemeanors as felonies
- The same case listed several times
- Eviction filings reported without the dismissal or outcome
Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.
Frequently asked questions
Does Mississippi have a ban-the-box law?
No statewide ban-the-box law covers Mississippi employers, so employers may ask about criminal history on an application. The federal FCRA still applies when an employer uses a background check company. That includes the rules on written authorization and pre-adverse action notice.
Can a background check in Mississippi show an old arrest that never led to a conviction?
Under the federal FCRA, a background check company generally cannot report arrests more than seven years old, unless the job pays $75,000 or more a year. Convictions are not subject to that seven-year limit under federal law. A report that shows a dismissed charge as a conviction may also be inaccurate.
My Mississippi record was expunged but still shows up on background checks. What can I do?
You can dispute the record with the background check company and send a copy of the expungement order. The company must investigate and correct or delete inaccurate information. If it keeps reporting an expunged record, you may have an FCRA claim.
How long do I have to file an FCRA lawsuit in Mississippi?
FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.
Sources
- Davis Wright Tremaine, Mississippi Code security freeze provisions
- Mississippi Legislature, 2007 security freeze bill (SB 2089)
- Paper Prisons, Mississippi expungement law summary
- NELP, Ban the Box / Fair Chance Hiring State and Local Guide
- Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (FTC)
- U.S. District Court for the Northern District of Mississippi
- U.S. District Court for the Southern District of Mississippi
Updated November 2026. This page is general information, not legal advice.