Part 3002 Chapter 8: Background Checks

Rule 8.1 Background Check Procedures.

The Board shall conduct background checks on any individual who applies for a license, registration or permit as required by law. Background checks shall include, but not be limited to, a criminal history records check requiring the applicant to be fingerprinted.

Source: Miss. Code Ann. §§ 73-21-81;

Rule 8.2 Petition for Determination.

An individual may petition the Board for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license, registration or permit. The determination petition shall be filed on a form supplied by the Board and accompanied by a fee of Twenty-Five Dollars ($25.00).

Source: Miss. Code Ann. § 73-77-9.

Rule 8.3 Determination Factors.

The following factors shall be used to determine if an applicant with a disqualifying criminal conviction will be denied a license:

a. The nature and seriousness of the crime for which the individual was convicted;

b. The passage of time since the commission of the crime;

c. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation; and

d. Any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation.

Source: Miss. Code Ann. § 73-77-7.

Rule 8.4 Disqualifying Determination Notification

If the Board denies an individual a license, registration or permit solely or in part because of the individual's prior conviction of a crime, the Board shall notify the individual in writing of the following:

a. The grounds and reasons for the denial or disqualification;

b. That the individual has the right to a hearing to challenge the Board's decision;

c. The earliest date the person may reapply for a license, registration or permit; and

d. That the evidence of rehabilitation may be considered upon reapplication.

Source: Miss. Code Ann. § 73-77-9.

Rule 8.5 Disqualifying Crimes

An individual may be denied a license, registration or permit based on a conviction, guilty plea and/or a plea of nolo contender to a felony which includes, but is not limited to, any of the following:

a. Any controlled substance violation;

b. Embezzlement

c. Shoplifting

d. Theft

e. Forgery

f. Burglary

g. Identity theft

In addition, the accumulation of multiple convictions, including misdemeanor convictions, and pending unresolved charges may be used to determine if an individual shall be denied a license, registration or permit.

Source: Miss. Code Ann. § 73-21-81.

Rule 8.6 Mitigating Factors

Notwithstanding Rule 8.5, any criminal conviction beyond ten (10) years prior to the application shall not disqualify an individual unless extenuating circumstances exist. Those extenuating circumstances shall be enumerated in the disqualifying determination notification.

Other mitigating factors to be considered in determining whether the individual's criminal record will disqualify the individual from obtaining a license, registration or permit may include, but need not be limited to:

a. age at which the crime was committed;

b. circumstances surrounding the crime;

c. length of time since the conviction and criminal history since the conviction;

d. work history;

e. current employment and character references; and

f. other evidence demonstrating the ability of the person to perform the employment responsibilities competently and that the person does not pose a threat to the health or safety of the public.

Source: Miss. Code Ann. § 73-21-81.