Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 9 - Record Check Policy › Rule 31-2-9.4 - Other Types of Checks

Current through June 25, 2024
1. Other types of
				checks are required for criminal justice/law enforcement entities, federal
				child care facilities, and for the issuance of gun permits. The procedures for
				these checks are provided below.
a. Criminal
				Justice/Law Enforcement Agencies
The Mississippi Justice Information Center makes available to
				  all local and state criminal justice agencies, federal criminal justice
				  agencies and criminal justice agencies in other states, any information in the
				  files of the Center which will aid the agencies in the performance of their
				  official duties. All state criminal justice agencies are required to submit to
				  the Center fingerprints, descriptions, photographs and other pertinent
				  identifying data on persons who have been lawfully arrested or taken into
				  custody in this state for all felonies and certain misdemeanors described in
				  Section
				  45-27-7(2)
				  (a). There is no fee charged for a name or
				  fingerprint record check for these agencies.
Statutory Authority: Miss.
				  Code Ann.
§
											45-27-7.
b. Federal Child Care Facilities
Each agency and facility operated by the federal government
				  that hires, or contracts for hire, individuals involved with the provision of
				  child care services are required to assure that all existing and newly hired
				  employees undergo a criminal history background check. The criminal history
				  records check must be initiated by the personnel program of the applicable
				  federal agency. The employees must be fingerprinted by a local law enforcement
				  agency and the fingerprints forwarded to the CIC for a check of the Mississippi
				  Criminal History System database. There is a fee imposed by CIC for these
				  checks. The employing agency must also submit a fingerprint card to the FBI for
				  a national check. The results of the background check are communicated to the
				  employing agency.
Statutory Authority: Miss. Code Ann.
§
											45-27-12
c. Gun Permits
i. The DPS is authorized to issue licenses to
				persons to carry concealed pistols or revolvers as qualified by the law. The
				applicant for a license must complete an application form provided by MDPS and
				submit it, along with a face photograph, a full set of fingerprints (obtained
				by MDPS), and a waiver releasing records concerning commitments to treatment
				facilities. A fee is imposed to process the fingerprint check. Honorably
				retired law enforcement officers are exempt from payment of the fee.
ii. The CIC checks the fingerprints against
				the Mississippi Criminal History System database and forwards them to the FBI
				for a national criminal history record check. MDPS also forwards the
				application to the sheriff of the applicant's county of residence and the
				police chief of the municipality of residence. These entities may submit a
				voluntary report of information pertinent to the licensing of any applicant
				within 30 days of receipt of the application.
iii. MDPS is authorized to issue or deny the
				license within 120 days after receipt of the above-listed items. If the license
				is denied, MDPS will provide a written notice stating the ground for denial and
				inform the individual that the denial is subject to the appeal process set
				forth in the law. Statutory Authority: Miss. Code Ann. §
											45-9-101.