Mississippi Administrative Code

If the individual has recently been released from a federal prison, the MSOR receives a notification from that entity that the offender is moving to Mississippi. The MSOR notifies the sheriff of the proposed county of residence of the offender's intent to relocate to that county …

1. All instruments or devices which, if used on firearms of any kind, will arrest or muffle the report of that firearm when it is shot or fired, or armor piercing ammunition, as defined by federal law, must be registered with the Department of Public Safety. Any law enforcement a…

1. Any person, sole proprietorship, partnership, corporation or law enforcement agency which makes, manufactures, sells or possesses any firearm suppressor or silencer must contact the DPS and request an application for registration of silencer or of armor piercing ammunition. A …

The Center is comprised of several different units, each of which performs specific functions. A brief description of each unit and its functions follows. Notes 31 Miss. Code. R. 2-2.1 Miss. Code Ann. §§ 45-1-3 and 45-27-5

The Special Processing Unit was created in order to facilitate the numerous responsibilities of the Criminal Information Center. This unit is primarily responsible for the following tasks: 1. Reviewing and processing arrest and applicant fingerprint cards manually submitted to th…

This unit maintains the Mississippi Sex Offenders Registry. All registration information submitted by sheriffs' offices and other state and federal law enforcement agencies are reviewed and entered into the Registry database. Quarterly verification letters are sent to registered …

The Applicant Fingerprint Processing Unit is responsible for processing applicant background checks by fingerprints. The fingerprint cards are submitted to the Unit which performs a state check and then forwards the card to the FBI for a nationwide check. Results are submitted to…

This Unit is responsible for entering all criminal records into the MCHS database. This includes entering information from the arrest fingerprint cards and scanning the cards into the system. Notes 31 Miss. Code. R. 2-2.5 Miss. Code Ann. § 45-1-3

This Unit maintains the Automated Fingerprint Identification System. Fingerprints from arrest records are maintained in this system, which provides fingerprint-based identification linking arrests to prior criminal history records. The personnel in this unit also fingerprint indi…

1. The MJIC Unit is responsible for maintaining Mississippi's Law Enforcement Network which connects Mississippi agencies to agencies nationwide. The MJIC Network provides connectivity to: a. National Crime Information Center (Hot Files) b. III system c. National Law Enforcement …

The Center maintains several different computer systems which enable it to respond to various requests and to perform other duties. A brief overview of the systems maintained and/or accessed by the Center is provided below. Notes 31 Miss. Code. R. 2-3.1 Miss. Code Ann. §§ 45-1-3 …

All arrest reports and fingerprint cards are entered into the Mississippi Criminal History System (MCHS) either manually by the Center's Data Entry Unit or electronically via live scan from local law enforcement entities. These records are stored on the Enhanced Central Criminal …

1. All states submit records of felony and serious misdemeanor arrests to the Federal Bureau of Investigation (FBI). The FBI maintains a national data base of these records known as the Interstate Identification Index or III system. The III is an index system which can be used to…

The pretrial intervention program database is a PC-based program which maintains a record of each person accepted into the pretrial intervention program and tracks the individual's progress in the program. Notes 31 Miss. Code. R. 2-3.4 Miss. Code Ann. § 45-1-3

AFIS is a computerized fingerprint system which is linked to the ECCH system. This system is used to compare fingerprints maintained in the system at the time arrest records are submitted. The suspect's fingerprints establish positive identification linking the arrest to previous…

The FBI maintains a database of wanted individuals, missing persons, stolen items, and other similar types of items. Mississippi's records interface with this system. The Center has access to the NCIC system through the Mississippi Justice Information Center. Notes 31 Miss. Code.…

The MSOR is a computerized database used to register and maintain information on all convicted sex offenders residing in the state of Mississippi as specified in Miss. Code Ann. § 45-33-21, et seq. Notes 31 Miss. Code. R. 2-3.7 Miss. Code Ann. § 45-1-3

1. All criminal justice agencies in Mississippi are required to submit to CIC fingerprints, descriptions, photographs, and other identifying information on individuals who have been lawfully arrested or taken into custody in this state for all felonies and certain misdemeanors de…

The Special Processing Unit receives all Arrest Cards and reviews them for accuracy and completion. The cards are then submitted to the Data Entry Unit for entry into the computer system. Notes 31 Miss. Code. R. 2-4.2 Miss. Code Ann. § 45-1-3

1. The arrest fingerprint cards are reviewed as follows. The items listed below are mandatory fields; if they are left blank, the card is returned to the submitting jurisdiction. A sample fingerprint card with these required fields is provided as Section 4.0.1. a. Side 1 of the F…

Fingerprint cards which contain all the required fields and meet the review criteria are sent to the Data Entry Unit. Cards which are submitted to CIC for the second time by the Center are reviewed only for those fields previously highlighted and submitted to the Data Entry Unit.…

Miss. Code Ann. § 45-27-9 requires all criminal justice agencies to submit to the CIC information on persons arrested or taken into custody for felonies and certain misdemeanors. Records involving juveniles and the contents thereof shall be kept confidential and shall not be disc…

The same procedure provided in Section 4.0 of this manual shall be followed for juvenile records. Notes 31 Miss. Code. R. 2-4.6 Miss. Code Ann. § 45-1-3

1. The prosecutor and court are required to report all charging and dispositional information or any case action to CIC and are required to submit all dispositions to CIC for entry into the Mississippi Criminal History System. 2. A white Disposition Sheet is attached to the arres…

1. The Special Processing Unit receives all Disposition Sheets (the white sheet of the arrest card) and verifies the related arrest records are in the system. 2. Prior to entering a disposition, the designated Technician performs a search in the Mississippi Criminal History Syste…

1. All law enforcement agencies and clerks of the various courts must report to the Center all instances where arrest and/or conviction records are ordered expunged by state courts as provided by law. Upon receipt of a lawful order, the Center will promptly expunge the records fr…

A court order containing the information cited above is necessary for a criminal record to be expunged. The court order must be forwarded to the Criminal Information Center for expunction. Upon receipt of the court order, the Special Processing Unit is responsible for reviewing a…

1. Each request is examined to ensure it is on an official court document, is certified by the court clerk, and has an embossed seal. Copies of the order will be accepted only if the embossed seal can be identified. 2. The Expunction Order is then reviewed to ensure it includes t…

1. In order to expunge a record, it must be deleted from both the Center's and the FBI's records. The steps associated with expunging a record follow. a. Reviewed by legal staff; b. Forwarded to a Records Technician who obtains the State Identification number (SID) for that speci…

The Technician must access the Interstate Identification Index system to search for the record. If a match is found on the III system, the FBI number is recorded on the court order under the offender's name and the order is faxed to the FBI. The FBI will expunge the record from i…

1. If an expunction request is incomplete, it is returned to the submitting entity with a Resolution Form indicating the reasons it cannot be processed. A sample Resolution Form is included in Section 6.0.1. 2. If an expunction order is incomplete, the order and a letter of expla…

1. Each District Attorney, with the consent of a circuit court judge of his or her district, has prosecutorial discretion to establish a pretrial intervention program in the circuit court district. The pretrial intervention program will be under the direct supervision and control…

1. A District Attorney, or designated staff, must submit a letter to the CIC informing CIC that the person is being considered for the pretrial intervention program. The letter must be submitted on the letterhead of the District Attorney and include the following information:a. N…

The district attorney's office transmits a letter to the Center indicating whether successful completion of the program was accomplished. Upon receipt of this information, the Records Technician records the status in the system. Notes 31 Miss. Code. R. 2-7.3 Miss. Code Ann. §§ 45…

All inquiries made by district attorneys' offices into the program database are recorded in the system. Information in this database will only be released by the Center to a district attorney's office upon inquiry as to whether a person previously has been accepted into an interv…

The Center will make a person's criminal record available for inspection by him or his attorney upon written request. A letter of request must be submitted to the Center at the following address: Mississippi Criminal Information Center Special Processing Unit P. O. Box 958 Jackso…

1. The Center will provide a Release form to the individual which must be signed prior to the check being performed. This release form authorizes the Center to conduct the record check and waives any and all claims of liability against the Center and the Department of Public Safe…

1. If an individual contests the accuracy of a record, the Center shall make a copy of the contested record available to the person or his attorney upon written request. The request must specify the portion of the record contested and indicate the reason for the contest of accura…

The Center currently processes a number of background checks by name and/or fingerprints. Included below is a brief description of each check. A fee schedule, provided in Section 9.0.1, summarizes the statutory authority, type and cost of check, and contact person. Notes 31 Miss.…

A memorandum of understanding must be executed between the Center and any state agency authorized by state statute to submit fingerprint cards to the Center. State agencies are provided fingerprint cards which are assigned to the agency based on an ORI (originating agency identif…

1. In order to process a name check with this Center, authorized agencies must make a written request which includes the following information: a. applicant's name; b. applicant's social security number; c. applicant's date of birth; and d. position for which application was rece…

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 Informa…

1. Applicant fingerprint checks may be submitted to the CIC in person, electronically, or by mail. If an individual appears at the Center to request an applicant record check, the receptionist will contact the appropriate records technician in the Special Processing Unit. The Tec…

1. If the record search for a fingerprint check determines that a record does not exist for the individual, the rap sheet will indicate that there is "No Record". 2. If a records check by name indicates that a record does not exist on the individual, the original request should b…

1. The CIC is required to render a determination regarding the suitability of an applicant for a position for certain providers of care to children, the elderly and/or individuals with disabilities (refer to the statute stated below). This law allows any provider of care for chil…

1. The aggrieved applicant may appeal the determination to the Commissioner of Public Safety, or his authorized agent, within thirty (30) days after the aggrieved party receives written notice of the determination. The Commission of Public Safety or his agency, shall rule upon th…

The intent of these rules and regulations as contained in the Mississippi Administrative Code, Pt. 201 et seq. for the Mississippi Emergency Management Agency, upon their effective date shall repeal and supersede all previous rules as submitted by this agency. Notes 31 Miss. Code…