Are Mississippi Records Public?

Yes, Mississippi records are public. Almost anyone can publicly access non-confidential records per the Mississippi Public Record Act. The Act defines public records to include documents and records, regardless of physical form or characteristics, generated related to or used for government business. Mississippi public records also consist of books, letters, accounts, papers, photographs, maps, films, tapes, cards, recordings, or documentary materials used, prepared, possessed, maintained, or retained by any public body.

The Act also states that providing access to public records is the duty of public record custodians, who must make these records available for inspection to requesters unless otherwise provided by the Act.

Note: Per Section 25-61-5 of the Act, public record custodians must make public records available within one working day after a written request unless they have adopted written policies to extend the time of compliance. However, Mississippi’s legislation stipulates that public bodies may not exceed seven working days from receiving the request. 

Who Can Access Mississippi Public Records?

Anyone can legally request access to Mississippi public records. Per the Act, all persons shall have the right to inspect, obtain, copy, or reproduce any public record held by a public body in accordance with written procedures adopted by the public body. The Act does not limit who may request Mississippi public records or where the public records may or may not be used. There are no restrictions or prerequisites to access Mississippi public records. Requesters do not have to state the purpose for which they require the public records. In addition, Mississippi permits out-of-state residents to request its public records.

All persons seeking access to Mississippi public records must provide a written request to submit to the record custodian of the agency in possession of the record. The request must include the requestor's name, address, contact information, phone number, email address, the public record required, date and time of the request. 

Do I Need to State My Purpose and Use When Requesting Public Records in Mississippi?

Persons requesting Mississippi public records may not disclose the purpose of the requests. Per Section 25-61-7 of the Mississippi Public Records Act, a statement of purpose is not required to request or obtain public records in the state.

Notwithstanding, public record custodians may require requesters to state the purpose of retrieving the record with respect to certain sensitive public records. For instance, public records in the Mississippi Department of Health Bureau of Vital Statistics are exempted from the provisions of the Mississippi Public Record Act. Therefore, persons with tangible and legitimate interests may request Department of Health Bureau of Vital Statistics records and must furnish the record custodian with the purpose of requesting the records.

Although Mississippi laws do not require requesters to specify the purpose of requesting public records, including the purpose and use of retrieving public records eliminates uncertainty about the requester's intentions with the records.

Also, record custodians may require the purpose and use of public records solely to determine the commercial value, fees, or charges.

There are valid reasons why persons may request access to public records, including:

• Public records offer a valuable source of information for journalists and researchers 
• Public records provide relevant information on legal proceedings and can be used as evidence for legal arguments
• Public records, aggregated from various source documents, can be used for commercial purposes 

What Records are Public in Mississippi?

Per the Mississippi Public Records Act, various public records are open and available for public inspection. All records created and kept by government agencies in the state are public records. Mississippi public records include court records, arrest records, divorce records, marriage records, birth records, death records, criminal history, property tax records, driving records, inmate records, and bankruptcy records. 

Mississippi Public Court Records

Mississippi court records consist of documents or briefs generated, submitted, or maintained by the court clerk in any criminal, civil, or traffic proceeding in court. They include content or information in a court file, such as the progress docket, transcript of proceedings, pleadings, memoranda, electronic records, videotapes, stenographic tapes of depositions, judgments, and decrees, filed with the clerk are court records.

The Clerk of the Mississippi Supreme Court maintains the court records of the Supreme Court and Court of Appeal in the state. A Counties and municipal courthouses across the state also hold court records.

The County Clerk of Courts grants access to the public to inspect court records in its custody. However, requestors may only access court records filed and heard in the counties or municipalities' courthouses. Information on a Mississippi court record may include the defendants' and plaintiffs' first and last names, their date of birth, the county of filing, the case number, and the hearing date. In addition, public court records contain the type of case, attorney information, the name of the judge or magistrate, evidence, orders, and judgments.

While most court records are open to the public, the Mississippi Public Records Acts restrict access to some selected court records. These records are not open to the public without a court order or special provision of the law. They include:

• Court records sealed by court orders
• Court records expunged or shielded by court orders
• The personal details of jurors, witnesses, law enforcement officers, and judicial officers
• Juvenile delinquency records
• Adoption or paternity records
• Mental health evaluation records
• Guardianship terminating parental rights records
• Financial information, including bank account numbers and social security number

Mississippi Public Criminal Records

Mississippi criminal records contain an official record listing of crimes, arrests, and convictions. Also known as ‘rap sheet”, criminal records contain the summary of an individual's contact with the criminal justice system. Criminal records provide details of all arrests, dismissals, acquittals, not-guilty verdicts, convictions, sentencing, deferred adjudications, and parole violations of an individual.

All criminal records contain information about the individual listed on the record. Consequently, criminal records contain the full name of the plaintiff and defendant, their date of birth, social security numbers, height, weight, eye color, hair color, identifying marks, and race of both parties. In addition, Mississippi criminal records contain the individual's full set of fingerprints, mugshot, court actions, criminal indictments, and details of past warrants, convictions, or arrests.

The Bureau of Investigation under the Mississippi Department of Public Safety is responsible for public criminal records in the state. Section 26-1-109 of the Mississippi Code restricts law enforcement agencies from disclosing the identity of a person arrested or held for a misdemeanor. In addition, the Criminal Justice Reform Act permits criminal records to be restricted or excluded from public access. Only persons with a court order may access restricted or sealed criminal records in the state.

Requestors must provide documentation confirming their identity to obtain criminal records in Mississippi. Typically, record seekers must present valid government-issued photo identification cards. Fees are also charged to cover the cost of search and copies. Persons interested can order Mississippi criminal records in person or by mail at:

Mississippi Department of Public Safety,

1900 East Woodrow Wilson Avenue,

P.O, Box 958,

Jackson, MS 39216,

(601) 987-1212,

publicrecords@dps.ms.gov 

Mississippi Public Arrest Records

Mississippi public arrest records are records kept and maintained by law enforcement agencies detailing the arrest, detention, charges, confinement, and convictions of individuals. While Mississippi arrest records are open to the public per the Mississippi Public Record Act, arrest records form part of a person's criminal history, which is not open to the public. Record seekers must obtain a court order to access arrest records through the Criminal History Records. However, Mississippi arrest warrants are open to the public. Record seekers cannot access Mississippi arrest records one year after the incident. The state automatically restricts individuals' arrest records from public view a year after the offense. 

Mississippi Public Bankruptcy Records

The Northern District of Mississippi Bankruptcy Court and the Southern District of Mississippi Bankruptcy Court oversee bankruptcy proceedings in Mississippi and are the custodians of Mississippi public bankruptcy records. Mississippi bankruptcy records are accessible to the public. However, not all information on it is public record. Details on bankruptcy records available to the public include:

• Case information, including the filing date, case status, date of bankruptcy discharge, judge's full name, name of the bankruptcy trustees, and the individuals 341 meeting information
• Contact information of the individual filing for bankruptcy, their lawyers, and creditors
• Information containing the income, debt, and assets of the debtor, such as the amount owed to each creditor, a list of the debtor's personal assets, and any assets owned by the debtor

Although contained in Mississippi bankruptcy records, the following information is not open to the public.

• Debtors Social Security Number
• The day and month of the debtor's birth date. Only the birth year is visible to the public
• The names of minor children of the debtor. They will appear as initials
• Financial account numbers

Bankruptcy public records are available online through the Public Access to Court Electronic Records (PACER). To look up public bankruptcy records, searchers must provide information such as the case number, the debtor's full name, the debtor's county, and the courthouse where the bankruptcy proceedings were held. Researchers must also pay the required fees to access Mississippi public bankruptcy records. The mailing and physical addresses of Mississippi bankruptcy courts are:

Northern District of Mississippi

Thad Cochran U.S. Courthouse

703 Hwy 145 North

Aberdeen, MS 39730

(662) 369-2596

Southern District of Mississippi

Thad Cochran U.S. Courthouse

501 E. Court Street, Suite 2.300

Jackson, MS 39201

(601) 608-4600

Southern District of Mississippi

Dan M. Russell, Jr. U.S. Courthouse

2012 15th Street, Suite 244

Gulfport, MS 39501

(228) 563-1790

Mississippi Public Birth Records

The Mississippi State Department of Health (MSDH) maintains birth records and other vital records. Generally, Mississippi birth records are not open to the public. However, persons with direct or tangible and legitimate interests can access Mississippi birth records. A Mississippi birth record contains the full name, date of birth, place of birth, parent's full name, mother's maiden name, parents residence, race, gender, and county of birth of the individual named on the birth record.

To obtain Mississippi birth records, record seekers must know the full name of the person on the record, date of birth, place of birth, their parent's name, and gender. In addition, requesters must present valid government-issued photo identification cards and pay the application fees. The physical address of the MSDH office is at:

Mississippi State Department of Health 

570 East Woodrow Wilson Drive

Jackson, MS 39216

(601) 206-8200

VRInfo@msdh.ms.gov

Mississippi Public Death Records

Mississippi public death records are open to persons with legitimate and verifiable interests. Death records in Mississippi confirm the demise of an individual and hold information pertaining to the deceased. Such information includes the deceased's full name, age, race, gender, date of birth, address, and occupation, parents' and surviving spouse's names.

Mississippi death records also contain the date, cause, place, and manner of death. Record seekers must complete the required form and present valid government-issued identification cards to obtain copies of Mississippi death records. The MSDH maintains and provides death records for the state, and eligible persons may request Mississippi death records by mail or in person at:

Mississippi State Department of Health 

570 East Woodrow Wilson Drive

Jackson, MS 39216

(601) 206-8200

VRInfo@msdh.ms.gov

Mississippi Public Marriage Records 

Mississippi public marriage records are government-issued documents confirming a marital union. Usually, public marriage records in Mississippi contain information about the couple, including their full names, date, and place of marriage, parents, the identity of the officiating ministers, address, and signature. To obtain Mississippi marriage records, requesters must complete the requisite application form and include a copy of their photo identification.

In addition, record seekers must pay the application fees. Although marriage records are open to the public, third parties must present a court order when requesting the records. The Circuit Court Clerks across the state maintain Mississippi public marriage records. The Mississippi Supreme Court is the lead court in the state, and record seekers may contact the Clerk of Appellate Courts at:

Clerk of Appellate Court

Gartin Justice Building

450 High Street

Jackson, MS 39201

(601) 359-3694

Mississippi Public Divorce Records

The Chancery Court Clerks across Mississippi maintain the divorce records for their county. While public access to divorce records is open to everyone in the state, access to certified copies of Mississippi divorce records is restricted to the persons named on the divorce records and their attorneys. Other persons seeking certified copies of divorce records must present proof of their relationship and signed releases from the record owner. Generally, Mississippi public divorce records contain the name of the divorced persons, their date of birth, address, gender, race, the date the divorce was finalized, and the county where the court dissolved the marriage. Records seekers may visit the courthouse where the divorce was finalized to access Mississippi divorce records. They must also fill out the applicable forms and pay the application fees. A complete application must include a valid photo identification of the requester.

Mississippi Public Inmate Records

Mississippi inmate records are open to the public. The Mississippi Department of Corrections (MDOC) oversees the operations of state prisons and maintains an online repository of inmate records. To look up public Mississippi inmate records, you must provide the full name or the inmate MDOC identification number. Public inmate records in Mississippi detail the information about the incarcerated individual. The information encompasses their names, ages, height, weight, gender, body marks, race, criminal offense, incarceration date, jail facility location, custody status, release date, and parole information. Contact the records department of the MDOC at:

Mississippi Department of Corrections

301 N. Lamar Street

Jackson, MS 39201

(601) 933-2889

MDOCRecordsDepartment@mdoc.state.ms.us

Mississippi Public Sex Offender Information

Mississippi public sex offender information is available to the public. However, state law prohibits anyone who accesses these records from using them to intimidate or harass the individual named on the record. It is also against state laws to misuse any information obtained from the sex offenders registry against the registrant. Mississippi Sex Offender Registry categorizes sex offenders based on the severity of the offense. Tier 1 sex offenders are low risks, while Tier 3 sex offenders are the highest risk category. To access the Mississippi sex offenders registry, record seekers must provide the full name of the sex offender or their home or work address. It is also possible to access sex offender information through the Sheriff’s Department across the state. They offer free sex offenders lookup tools to help find sex offenders near your locale.

Mississippi Public Property Records

Mississippi property records detail information about real estate. Per state law, property records are open for public inspection and copying. Mississippi property records usually contain the names of current and previous owners, the purchase price, the date of last sale, permits and inspections, deeds, plat, affidavits, notices, liens on the property, and annual tax records. Despite the availability of property records to the public, some information on the record is restricted from public view. For instance, personal financial account numbers and Social Security Number of the property owner are exempted from the public.

The Chancery Court Clerk is the custodian of Mississippi property records. Persons interested in obtaining the records must present information on the location of the property or the property owner's details. However, most counties across Mississippi maintain an online database of property records.

What is Exempted Under the Mississippi Public Records Act?

Although Mississippi public records are public, certain records are exempted from disclosure in whole or in part. Per Section 25-61-11 of the Act, the Mississippi Public Record Act does not amend or repeal federal statutory laws. Therefore, privileged, confidential, or exempted public records are exempted from the provisions of the Act. Accordingly, the state exempts academic records, medical records, trade secrets, jury records, certain technological records, archaeological records, registries, appraisal records, attorney work products, investigative reports, and personnel files from public disclosure. The Act requires record custodians to withhold records completely exempted from disclosure and provide explanations to the requesters. Where part of the record is exempt from disclosure, the public record officer may redact only the exempted portions.

How Do I Find Public Records in Mississippi?

Per the Mississippi Public Records Act, all records held by any department, bureau, division, committee, agency, or state entity created by law are open for public inspection. Accordingly, record seekers can search the Mississippi State Government Agency Directory to obtain the contact details of the public body they are seeking its public records. Furthermore, the Mississippi government provides online databases for some public records, such as the sex offenders registry, inmate records, court records, and vital records. Most online public records databases require users to create an account before accessing its content. Third-party websites also offer repositories of various Mississippi public records for a fee. Record seekers may follow these tips for efficient and effective searches:

• Civil and criminal records are available at the county clerks of the court office. Also, each state court maintains its own public records. The U.S. court, PACER, provides access to federal court cases
• Bankruptcy proceedings are held in federal courts. The records are available on PACER
• Property records are managed at the county level
• Arrest records are maintained by the local police agency, or the county sheriff’s department
• Marriage and divorce records are maintained at the state or county level. The county or city clerk of the court where the event happened provides copies of marriage and divorce records
• Birth and death records are vital records obtainable from the State Department of Health. Older birth and death records are available on the state archives' websites
• Have the requisite information, such as case number, county name, first and last name, or business name, to conduct a search

Can I Find Free Public Records in Mississippi Using Third-Party Sites?

Yes. Record seekers can find free Mississippi public records using third-party sites. Third-party platforms offer quick and easy means of finding or narrowing down public records. There are numerous free online public record search platforms that compile and arrange public documents. Despite the ease of accessing public records from the comfort of your home, free online public record platforms pose potential risks when using their services. They include:

• Inaccurate information
• Third-party searches take a lot of time and effort to locate the precise record 
• Some free online public record platforms use vague or unverified sources 
• Some third-party public record websites offer information that is restricted from public access by law, making the search illegal

Although these resources provide a reliable source of accessing public record information, they typically require users to subscribe and pay a fee to use their services.

How Much Do Public Records Cost in Mississippi?

Section 25-61-7 of the Mississippi Public Records Act provides that public bodies may establish and collect fees for the actual cost of searching, reviewing, copying, and mailing copies of their records. If the record search and review requires more than an hour of work, the charges for the hours will be based on the hourly salary of the lowest-paid employee of the public body qualified to do the job. The Act further permits public bodies to consider the type of information requested and the purpose of the information to determine the commercial value of the public record. Public bodies must collect these fees in advance before complying with the request. The breakdown of the fees is as follows:

• 8 ½” x 11" – $0.25 per page 
• 8 ½” x 14" – $0.35 per page 
• 11" x 17” – $0.75 per page
• $15 per hour…………for basic copies or clerical assistance
• $15-$75 per hour….to evaluate, research, redact, and reproduce based on the pay scale of the lowest level employee competent to respond to the request
• $40 per hour…………for technical or professional assistance 
• $50 per hour…………for automated records search 
• Actual costs…………..for postage, UPS, Federal Express, temporary agency personnel, and reproduction at an outside print facility.

Per Mississippi law, record seekers may apply for a waiver of fees. While the Executive Director of the public body may waive the search and inspection fees to obtain the records, the requester must pay the cost of labor and fees for reproducing the documents. Furthermore, the law permits requesters to specify a specific dollar amount that should not be exceeded if the waiver is not granted.

What Happens if I Am Refused a Public Records Request?

Per Section 26-61-5(3) of the Mississippi Code, public record custodians may refuse access to public records. Reasons for potential refusal of a public records request in Mississippi:

• The records requested are classified documents pertaining to foreign policy and national defense 
• The records are exempt from public view per state law
• The requested public records are third-party records containing trade secrets or confidential commercial information
• Nonpayment of the required fees to obtain copies of records.

Per Section 26-61-13 of the Mississippi Code, persons denied access to public records may petition the Mississippi Ethics Commission for access to the denied public record. The commission forwards the complaint to the head of the public body involved. The public body must respond within 14 days of receiving the complaint. The ethics commission may dismiss the complaint or proceed to set a hearing to resolve the dispute.

The requester may also seek legal recourse to obtain copies of the denied public records. Records seekers can bring a civil action against the government agency or official who denies access to public records by filing a complaint with the Mississippi Chancery Court. Furthermore, persons denied public record requests may file an action for mandamus, which orders the court to release the requested records.