Mississippi Public Records

Mississippi public records are documents retained by government agencies about the transaction of official government functions. These records are managed in keeping with the provisions of the Mississippi Public Records Act of the Mississippi Constitution.

The Act instructs all state and municipal agencies to collect and store records about the performance of official duties. These government agencies also have to, on request, release these records to members of the public in compliance with these laws. The only public records excluded from public request are those specifically exempt by the Public Records Act.

Public records are essential because they allow citizens some insight into the workings of the government. This type of accountability enables members of the public to monitor the duties and performances of elected officials in Mississippi.

Are Mississippi Records Public?

Yes, Under Section 25-61-2 of the Mississippi Public Records Act, the public can request, view, and copy government records if they are not exempt from public disclosure. According to the Act, members of the public are allowed to submit a public records act request to local or state agencies for records in their possession.

However, the Mississippi Public Records Act specifies several types of records exempt from public disclosure. The guidelines for these exemptions can be found in Section 25-61-11 of the Public Record Act. Conditions for exemption may differ across agencies, but generally, exemptions apply to records whose disclosure is barred by law or where the need for confidentiality exceeds the public's right to know.

Where exemptions apply, access may be denied entirely or limited to only a few authorized persons. In some cases, exempted parts of the record may be redacted and the record released. Some records may only be available for public request by court order. The following are exempt from public disclosure per the Mississippi Public Records Act:

Private information of individuals who possess a weapons permit
Personal information of law enforcement officers, criminal investigators, judges, district attorneys, their spouses, and their children,
Personal information of victims of crimes
Hospital and medical records
IT records, including, Source codes, security plans, Vulnerability reports, authentication credentials, detailed hardware and software inventories, and security compliance reports.
Trade secrets and confidential fiscal information

Mississippi Public Records Act

The Mississippi Public Records Act was enacted by Mississippi in 1983 and takes up Section 25-61-1 to Section 25-61-19 in the Mississippi State Code. The policy set down by this legislature is that public records must be made available to the public unless otherwise provided by the Act. The public can request, view, and copy these public records, and requesters are not required to state a reason or purpose for requesting the record.

According to the Public Record Act, public records these records can come in a myriad of forms, including written papers, DVDs, computer hard drives, audio and video files, photographs, film, and much more.

Some records that qualify as public records in Mississippi include:

Marriage Records
Birth and death records
Crime Incident reports
Tax records
Property records
Inmate records
Court records

How Do I Find Public Records in Mississippi

The Mississippi Public Records Act recommends that government agencies adopt procedures for requesting and copying records in their custody. For anyone seeking a public record, they may follow these steps:

Step 1: Determine the record needed and identify its custodian.

Every public record in Mississippi has a state or local agency in charge of answering record requests. The first step after deciding on the required record is locating the agency that handles such record requests.

For example, land records may be requested from a local assessor's office, while vital records may be obtained from state or county health departments. For municipal records, requests can be sent to the corresponding city clerks.

Step 2: Determine the availability of the record and the requirements to access the record

Most record custodians will have directions for public record requests, such as request methods and any fees. The agency may also provide emails or phone numbers to assist prospective requesters.

After establishing the agency's rules, requesters must confirm the available record. They may use the designated phone number or email to contact their information unit or record office to inquire about the record.

Step 3: Compose and submit the records request.

In Mississippi, public records requests can be made orally/in person or in writing. Requests can be submitted by mail, fax, email, or online. Government agencies often have an online request form to submit their Mississippi Public Record Act request. This form can usually be downloaded or printed out from the agency website. Sometimes, forms can be filled and submitted online. If no form is available, the requester may need to compose and submit a written request that includes the following information:

Description of the required record
Details to facilitate the search, such as a case number, docket number, page numbers etc.
The requester's contact information

Step 4: Pay any applicable fees

It may be necessary to pay specific fees while processing a Mississippi public records request. Payments are usually accepted in cash, online card payments, or money orders to the corresponding agency. Although these fees and payment methods may vary by agency, they generally cover any additional staff time and copy costs incurred while completing the request.

Find Mississippi Public Records Free

Members of the Public may be able to access Mississippi Public Records for free from certain custodians. The free requests can usually be made in person at the office or online using comprehensive databases.

Some examples of government agencies and their record databases with free access are as follows:

Tate County Mississippi Chancery offers free registration to view Land Records in its custody. Requesters can also use public access terminals at the court office to view case information not sealed by court orders via the Mississippi Electronic Court Archives;
Madison County, Mississippi, has a robust online search database where citizens can look up delinquent property taxes, tax rolls, ownership maps, and others;
Agendas and meeting minutes for Hancock County can be viewed online for free on the County website;
Desoto County, Mississippi, allows the public to view county records online using their online database.

Many government agencies allow members of the public to view public records for free in person and only charge fees if copies are required.

What Happens if I Am Refused a Public Records Request?

Suppose a government agency or public body denies a Mississippi Public Records Act request or cannot produce a record within the deadline for any reason. In that case, a written explanation must be provided to the requester. This written explanation must explain precisely why the record cannot be produced within the deadline and when it will be produced. If the request has been denied under any exemptions in the Mississippi Public Records Act, the explanation must explain the specific exemption used to justify the denial.

If denied a Public Records request, per Section § 25-61-13, inquirers may fill out the Public Records Complaint form to complain with the Mississippi Ethics Commission. A petition can also be made to the chancery court in the county where the government agency is located. When filing such a petition, written notice must also be served to the ethics commission.

How Long Does It Take to Obtain a Mississippi Public Record?

According to Section § 25-61-5 of the Mississippi Public Record Act, if the public body has not adopted written procedures concerning its response to a public record request, a response should be given to the requester within one working day. If the public body has adopted written procedures under the Act, a response authorizing or denying access to the public records must be issued at most seven working days from the receipt of the request. This time limit is meant to give the public body enough time to verify the requester's status and record availability.

Unless there is a mutual agreement between the public body and the requester, the production of the requested record must be at most 14 working days from receipt of the request. This longer response time must be communicated to the requester. This extra time may be used to cover further research, redacting exempt sections, handling large requests, and complicated production methods.

It should be noted that the exact time to fulfill a request will vary by request. Many factors, including the volume of the request, type of record, and staff required to fulfill the request, may affect the time it takes to finish the request.