Bill > HB34

This bill, known as the "Ban-the-Box Act," aims to restrict public employers in Mississippi from using criminal history as an automatic disqualification for employment. The bill defines "public employer" broadly to include state agencies, institutions, and universities, and establishes clear guidelines for how criminal history can be considered in hiring processes. Under the law, public employers cannot ask about an applicant's criminal record until after the applicant has completed an initial interview and signed a release waiver. If a background check reveals a criminal history, employers must consider multiple factors before making an employment decision, including the nature of the offense, time elapsed since the offense, the applicant's age at the time, the offense's relevance to the job, and evidence of rehabilitation. The bill specifically prohibits using arrest records that did not result in conviction as a basis for disqualification and requires employers to notify applicants of potential adverse decisions based on background checks and provide an opportunity to dispute inaccurate information. The law will take effect on July 1, 2025, and applies to public employers with some exceptions, such as positions involving direct interaction with minors or elderly individuals. While not mandating private employers adopt similar practices, the Legislature encourages them to do so.

Government Affairs

https://billstatus.ls.state.ms.us/2025/pdf/history/HB/HB0034.xml