Vote Smart's Synopsis:

Vote to amend and pass a bill that prohibits public employers from requiring applicants to disclose prior felony convictions on their job applications, effective July 1, 2020.

Highlights:

• Prohibits a public employer from asking an applicant to disclose, orally or in writing, information concerning the applicant’s criminal history or record, including any inquiry on any employment application until the applicant (Sec. 1):

• Has signed the appropriate waiver authorizing release; 

• Is being considered for a specific position; and

• Has received an interview.

• Requires the state to consider the following criteria before either offering or declining to offer employment if a background check has been lawfully completed and a criminal history exists (Sec. 1):

• The nature and gravity of the offense; 

• The length of time that has elapsed since the offense occurred; 

• The age of the person at the time of the offense; 

• Whether the offense is reasonably related to the duties and responsibilities of the employment sought by the applicant; and

• Any information pertaining to the degree of rehabilitation that may have taken place in the applicant. 

• Prohibits a record of arrest that did not result in conviction from being the basis for disqualification from public employment (Sec. 1).

• Requires the public employer to inform the applicant of the potential adverse employment decision based on the background check report before a final decision and must provide an opportunity to the applicant to demonstrate that the applicant was not correctly identified in the background check report or that the report is otherwise inaccurate (Sec. 1).

• Specifies that the provisions of this section do not prevent the public employer from asking an applicant to disclose whether the applicant has been convicted of a felony within 10 years of the date of the application and/or whether the applicant has ever been convicted of a violent or sexual crime (Sec 1). 

• Defines “public employer” as the state of Mississippi and any officer, department, agency, division, bureau, commission, board, institution, hospital, college, university, or airport authority (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits public employers from requiring applicants to disclose prior felony convictions on their job applications.

Highlights:

• Prohibits a public employer from asking an applicant to disclose, orally or in writing, information concerning the applicant’s criminal history or record, including any inquiry on any employment application until the applicant (Sec. 1):

• Has signed the appropriate waiver authorizing release; 

• Is being considered for a specific position; and

• Has received an interview.

• Requires the state to consider the following criteria before either offering or declining to offer employment, if a background check has been lawfully completed and a criminal history exists (Sec. 1):

• The nature and gravity of the offense; 

• The length of time that has elapsed since the offense occurred; 

• The age of the person at the time of the offense; 

• Whether the offense is reasonably related to the duties and responsibilities of the employment sought by the applicant; and

• Any information pertaining to the degree of rehabilitation that may have taken place in the applicant. 

• Prohibits a record of arrest that did not result in conviction from being the basis for disqualification from public employment (Sec. 1).

• Requires the public employer to inform the applicant of the potential adverse employment decision based on the background check report before a final decision and must provide an opportunity to the applicant to demonstrate that the applicant was not correctly identified in the background check report or that the report is otherwise inaccurate (Sec. 1).

• Defines “public employer” as the state of Mississippi and any officer, department, agency, division, bureau, commission, board, institution, hospital, college, university, or airport authority (Sec. 1).

Full Bill Text