As Amended
SEC. 45-31-11. Requests for information; processing of requests; response to requests; dissemination of information; corrected or updated information; fees.
(1) An authorized employer representative may request sex offense criminal history record information about any employee of the employer, provided the employee is within the scope of the authorization granted to the employer representative, from the sheriff's offices and the municipal police departments of any counties and towns within the state. The employer representative may also request any available information from the Mississippi Highway Safety Patrol and the request shall be granted insofar as the dissemination of the information does not conflict with state or federal regulations.
(2) The responding agency shall process requests from authorized employer representatives for sex offense criminal history record information about specified employees, provided such requests include:
(a) The name, address and signature of the authorized employer representative and the name and address of the employer;
(b) The name and address of the employer's facility in which the employee is employed or seeking to become employed;
(c) The name and other identifying information about the employee;
(d) Signed consent by the employee to a sex offense criminal history record information search;
(e) The mailing address of the employee; and
(f) Signature of the employee indicating that the employee has been notified of:
(i) The types of sex offense criminal history record information subject to dissemination under subsection (4) of this section or a description of such information;
(ii) The employer's right to require a record check as a condition of employment;
(iii) The employee's right to challenge the accuracy and completeness of any information which may be disseminated to the employer under this chapter.
(g) A copy of the employer's authorization by the Office of the Attorney General.
(3) Upon receipt of a request from an authorized employer representative for sex offense criminal history record information about an employee, the responding agency shall undertake a search for such information, provided the employee is not outside the scope of the employer authorization. The search shall be based on the identifying information provided by the authorized employer representative and shall include:
(a) Identifying sex offense criminal history record information about the employee which may exist in the records of the responding agency;
(b) If the information pertains to an arrest reported more than thirty (30) days prior to the date of the inquiry and no disposition has been reported, contacting appropriate officials in the local jurisdiction where the arrest or prosecution occurred to verify and update the information; and
(c) Determining whether the sex offense criminal history record information is subject to dissemination under subsection (4) of this section.
(4) Sex offense criminal history record information about an employee shall be disseminated to an authorized employer representative who has requested it in accordance with the following provisions:
(a) If the record check indicates a conviction for a sex offense or a conviction based on an arrest or on an initial charge for a sex offense, all sex offense criminal history record information about the incident shall be released;
(b) If the record check indicates an arrest for a sex offense pending at the time of the inquiry or an initial charge for a sex offense pending at the time of the inquiry, all sex offense criminal history record information shall be released; or
(c) If the record check indicates two (2) or more incidents resulting in arrest or initial charge for a sex offense, all sex offense criminal history record information shall be released.
(5) Within ten (10) days of receipt of a request by an authorized employer representative for sex offense criminal history record information, the responding agency shall send written notice of the results of the search to the authorized employer representative and to the employee. The notice shall include:
(a) A description of sex offense criminal history information subject to dissemination under subsection (4) of this section; and
(b) If the search for sex offense criminal history record information revealed no information subject to release under this chapter, a statement that the responding agency has no information subject to release under the chapter; or
(c) If the search for sex offense criminal history record information revealed information about the employee subject to release under this chapter, a summary of the information and, if applicable, a statement that disposition information could not be verified for certain noted arrests. A statement of the purpose for which the information is being disseminated, the potential liabilities and penalties for its misuse, and the procedures by which the employee might challenge the accuracy and completeness of the information shall be included with any sex offense criminal history record information disseminated.
(6) Immediately upon receipt of corrected or updated information disseminated under subsection (5)(c) of this section, the responding agency shall send written notice of the correction or updated information to the employee who was the subject of the record search, and to all employer representatives to whom notice of the results of the sex offense criminal history record search under subsection (5)(c) of this section were disseminated within the three (3) months prior to the correction, and upon request of the employee to any other employer representatives who previously received such information.
(7) The responding agency may charge reasonable fees to cover the actual costs of a sex offense criminal history record search.
SOURCES: Laws, 1987, ch. 465, Sec. 7, eff from and after July 1, 1987.