Mississippi Arrest Records

The arrest offense count in Mississippi has decreased over the years. In recent times, law enforcement officers have recorded about 46,000 arrests annually, compared to the past decades when arrests stood at over 113,000. Drug abuse violations account for the most arrests reported in the state, with about 8,069 (17.4%). For the period, law enforcement reported 7,125 (15.4%) arrests for simple assaults and 4,478 (9.7%) arrests for larceny-theft.

Mississippi has an arrest rate of 2,788.3 arrests per 100,000 residents. Its rate is higher than the national average of 2,181.7 arrests per 100,000 persons. However, compared to neighboring states like Alabama, Arkansas, and Tennessee, Mississippi's arrest rate is low. While Alabama's arrest rate is 2,944.18 arrests per 100,000 residents, just slightly higher than Mississippis', Arkansas and Tennessee have significantly higher arrest rates at 3,437.04 and 3,638.6 per 100,000 people.

What Is an Arrest Under Mississippi Law?

Under Mississippi law, an arrest is generally taking a person into custody by peace officers to answer for criminal charges or to prevent the occurrence of a crime. Per Section 99-3-1 of the Mississippi Code, an arrest involves the restraining and detention of an individual by lawful authority and at any time and place with the intent to charge the person for a crime.

Type of Arrests in Mississippi

Generally, Mississippi classifies arrests under two broad categories - Warrant Arrests and Warrantless Arrests.

Warrant Arrests

A warrant arrest generally occurs when peace officers detain a person, taking them into custody based on a warrant issued by a judge or magistrate. A warrant is a legal document issued in court when there is probable cause to believe that the person named to the warrant committed a crime. Therefore, before a judge or magistrate issues arrest warrants, law enforcement officers must present evidence justifying the arrest.

Warrantless Arrests

A warrantless arrest typically occurs when law enforcement officers arrest an individual without obtaining a warrant from a magistrate or judge. Mississippi law permits warrantless arrest by peace officers under specific conditions. As outlined in Section 99-3-7 of the Mississippi Code, warrantless arrest is generally legal under the following conditions:

• The law enforcement officer witnesses the crime
• The officer has probable cause to believe that the individual has committed a felony even if the crime did not occur in the presence of the officer
• The offender committed a misdemeanor offense in the presence of the officer

Under Mississippi arrest law, probable cause is generally essential for warrant and warrantless arrests. For an arrest to be lawful in Mississippi, there must be probable cause. Probable cause means that the circumstances or facts before a law enforcement officer would make anyone reasonable, believe that a crime has been committed or is about to be committed.

Aside from warrant and warrantless arrests, various types of warrants are issued in the state to address different legal situations. They typically include:

• Bench Warrants: A judge issues a bench warrant when a person fails to appear in court or disobeys a court order. The purpose of a bench warrant is to bring the person before the court. Bench warrants are issued for reasons relating to court proceedings instead of a crime
• Search Warrants: A search warrant issued by a judge allows law enforcement to search a specific location for evidence of a crime. The judge issues search warrants based on evidence presented by law enforcement officers that items related to a crime are at a specific location
• Civil Warrants: A civil warrant is issued in civil court cases to resolve disputes over money, contracts, or property. Civil warrants are used to summon a person to court for matters such as contract reaches or unpaid debts
• Capias Warrants: A judge issues a capias warrant to compel an individual to comply with a court order. Capias warrants are issued when an individual repeatedly fails to follow court orders, such as paying child support or fines

Other types of arrests recognized by Mississippi law generally include juvenile arrests, citizen's arrests, misdemeanor arrests, felony arrests, traffic-related Arrests, domestic violence arrests, and public order arrests.

What Are Mississippi Arrests Records?

Mississippi arrest records are legal documents that provide information on a person's arrest history. In Mississippi, arrest records are generally created when a person suspected of committing a crime is detained and taken into custody by law enforcement agencies. Arrest records detail information about the arrest, including typically :

• Personal information of the arrested individual, including their full names, aliases, date of birth, gender, and address
• The details of the arrest, such as the date and time of the arrest, arrest location, and the arresting officer's name and badge number
• The charges filed - misdemeanor or felonies
• Fingerprint and mugshot
• The court information, court dates, and case number
• The case status - dropped, filed, or released without charges

Arrest and criminal records, although used interchangeably, are distinct records within the criminal justice system. They generally contain different information and serve separate purposes. Arrest records contain information on a person's detention with peace officers. Arrest records focus on the arrest alone. It does not include information on sentencing or convictions. Criminal records are typically comprehensive. It contains an individual's criminal history, from arrests to convictions, parole, and probation. Criminal records are broader than arrest records, detailing a person's interaction with the criminal justice system.

How Can Arrest Records Be Accessed in Mississippi?

Arrest records are generally considered public records in Mississippi. The Mississippi Public Records Act governs accessing public documents, including arrest records. Per Section 25-61-2 of the Act, public records maintained by a government body are open for inspection to a person, except such records are exempted from public access by the law. Although arrest records are publicly accessible, Mississippi law restricts public access to some records, such as juvenile arrest records, sealed or expunged arrest records, and arrest records from ongoing investigations. Although confidential arrest records are inaccessible to the public, certain entities may still access these documents. Law enforcement agencies, judicial and court officials, government agencies, licensing boards, and employers in sensitive industries, such as healthcare and finance, may access restricted arrest records. Accessing arrest records in Mississippi may be done at the state level, local level, and the courts.

State Level - Mississippi Department of Public Safety (DPS)

The DPS maintains a centralized database - the Mississippi Criminal Information Center (CIC), which contains information on criminal records, including arrest records. The record generally provides information on arrests recorded across the state. The DPS also offers criminal background checks through the Name-Based Background Check, which includes information on arrest records. The platform requires searchers to enter the full names of the records sought. Additionally, the DPS permits in-person and mail requests for arrest records.

Local Level - Police Departments and County Sheriff Offices

Local law enforcement agencies across Mississippi generally maintain records of arrests within their jurisdiction. Arrest records for most cities and towns are accessible at the records division of most police departments in Mississippi. Likewise, sheriff offices in rural areas or counties keep records of all arrests and provide access to the records on request. While some police departments and sheriff's offices provide online databases to search for arrest records and inmate information, others require record seekers to access the record by completing the applicable forms to obtain the records.

Mississippi Courts

Arrests that result in criminal charges are typically recorded in the court system. Mississippi courts provide up-to-date records of all criminal cases, including arrest information. The arrest records are accessible to the public unless sealed by the courts. The Clerk of the Court is the record custodian and grants access to court documents in person or by mail. Persons seeking arrest records through the courts may contact the courthouse where the case was tried.

How Long Will an Arrest Report Stay on Your Mississippi Records?

Generally, arrest reports stay on an individual's record indefinitely unless specific legal steps are taken to remove them. In Mississippi, arrest records are not automatically wiped off or erased after a predetermined period. Arrest records remain part of a person's criminal history whether or not the arrest leads to charges or conviction.

Can You Expunge Your Arrest Records in Mississippi?

Mississippi law generally permits sealing or expunging some arrest records. Expungement implies erasing or sealing arrest records, making them inaccessible. Under Mississippi law, arrest records are usually permanent unless expunged or sealed by a court order. However, only certain types of arrests and convictions may be expunged. Per Section 99-19-71 of the Mississippi Code, persons eligible for expungement generally include:

• The individual arrest charges were dropped, dismissed, or found not guilty
• The individual was arrested for certain non-violent misdemeanors
• Five years have elapsed and no other crime conviction since the individual's conviction for the non-violent misdemeanors

Per Mississippi law, persons arrested but not convicted due to acquittal or dropped or dismissed charges may have the arrest record erased after the lawsuit ends. There is no waiting period for arrests that lead to non-conviction.

The process of expunging arrest records in Mississippi starts with filling a petition for expungement in the court where the arrest or conviction occurred. After filing, the petitioner serves other relevant parties, informing them about their intention to expunge the arrest records. The courts schedule a hearing where the judges will review the petition and determine whether the expungement serves the interest of justice.

Is Citizen's Arrest Legal in Mississippi?

Yes. Citizen's arrest is legal in Mississippi. A citizen arrest is generally made by a person who is not a sworn law enforcement officer. In Mississippi, a private citizen may legally detain another suspected of committing a crime. Mississippi law outlines the conditions under which civilians may detain another. They typically include:

• The private citizen witnessed the crime personally
• The individual did not witness the crime but has probable cause to believe that the person has committed a felony offense
• The civilian applied reasonable force during the arrest
• The citizen making the arrest contacted law enforcement immediately after detaining the suspect

Per Section 99-3-7 of the Mississippi Code, law enforcement officers may conduct citizen arrests when off duty or outside their jurisdiction. Per the law, police officers may conduct citizen arrest under the following general conditions:

• An indictable offense was committed in their presence
• The individual threats or attempts to disturb the peace in their presence
• They have reasonable cause to believe that the individual committed the crime, even if the crime was ott carried out in their presence
• Someone reports a felony with reasonable cause, accusing the person of committing it
• The officer believes the individual violated a protective order meant to protect someone from domestic violence or sexual assault

Citizen and false arrests generally involve an individual being detained . However, one is legal, while the other is an offense. A citizen arrest is when a civilian detains another they believe has committed a crime. A citizen arrest is legal under Mississippi law. False arrest, on the other hand, is when a private individual detains another without legal justification or authority. False arrest is made without probable cause and lacks legal authority. False arrest is illegal and may lead to civil lawsuits.

How to Look Up Arrest Warrants in Mississippi

There are several mediums to look up arrest records in Mississippi. For instance, sheriff's offices and police departments typically keep records of all arrest warrants issued within their jurisdiction. Some police departments and county sheriff's offices maintain online databases of active warrants to look up arrest warrants. Law enforcement agencies without online databases or arrest warrants permit record seekers to fill out a form requesting the warrant in person or by mail.

The courts generally issue some arrest warrants. Persons seeking arrest warrants may look up the record using the Mississippi Electronic Courts (MEC) system. The database allows users to search for legal filings and court orders, including arrest warrants. In addition, arrest warrants as part of court records are accessible at the courthouses where the case was finalized. Record seekers may visit the court clerk's office in the county where the warrant was issued to access the record.

The DPS maintains a central repository for criminal history records, which may include arrest warrant information. Although not a direct warrant search, interested persons may access criminal records by contacting the CIC. The result may reveal if there are outstanding warrants attached to the criminal records.

Third-party websites generally provide resources to look up criminal records, including arrest warrants. These platforms aggregate court records, including arrest warrants, and make them accessible to the public. Record seekers may register and pay a fee to access arrest warrants.