FAQs
Criminal History records are not public records. Criminal History records are available and obtained through an online process. Please see below:
- To obtain a copy of your criminal background, please go to the MS Dept. of Public Safety website (https://www.dps.ms.gov/).
- Select the “Bureau of Investigation” link the left of the screen.
- Select the “Release Background Authorization Form” link to the right side of the page.
- Select the “Release Background Authorization Form” link to the left side of the page.
- Complete the form per the instructions on the form.
- You may also utilize the following direct link and complete the form per the instructions:
Driving records are not public records. Driving records are available and obtained through an online process. Please see below:
- To obtain a copy of your driver’s record, please go to the MS Dept. of Public Safety website (https://www.dps.ms.gov/).
- Select “Driver Service Bureau (Driver License)” link left of the screen.
- Select the “Request Your Motor Vehicle Record” link in the middle of the screen.
- Complete the process provided.
- You may also utilize the following direct link and complete the process provided:
Motor Vehicle Accident Reports / Crash Reports are not public records. To obtain a copy of a crash report and any digital photographs for the crash, please go to the MS Dept. of Public Safety website (https://www.ms.gov/dps/crash_reports).
- You will need three forms of information to pull the report.
- If you do not have the case number, you can click on the vehicle ID, and it will open other questions for you to answer to verify.
- If the report cannot be found, you must contact the local law enforcement agency that worked the case for additional information. You also can ask for badge number and/or name to determine who issued the report.
- The public online purchase process only handles redacted crash reports and no personal Information.
- If you want to purchase the crash photographs, you will need to do so when you order the crash report, or you will have to repurchase the crash report in order to purchase the photographs.
Autopsy Reports are not public records. Autopsy Reports are obtained through a process found online. Please see below:
- Visit the MS Dept of Public Safety’s website www.dps.ms.gov.
- Click on the “Office of Forensic Laboratories” link on the left side of the home page.
- Click on the “State Medical Examiner” link on the right side of the page.
- Click on the “Reports” link on the right side of the page.
- Click on the type of form you are requesting on the right side of the page, “Request for Autopsy Report (Legal Next of Kin)” or “Request for Autopsy Report (Insurance Companies, Attorneys of Record, etc.)”.
- This page has important information to the left side that should be read.
- Complete the form and submit as instructed.
- You may also utilize the following link to go straight to the “Request Form-Next of Kin”, REQUEST FORM_NextOfKin.pdf (ms.gov).
- Complete the form and submit as instructed.
You will find availability, accessibility, and acquisition methods on the State Medical Examiner website as noted above.
Search Warrants:
In McFarland v. Hancock Co. Sheriff’s Office, Public Records Case No. R-18-034, the Mississippi Ethics Commission stated that search warrants “fall within the general definition [of investigative records] and several of the enumerated examples listed . . . [in Miss. Code Ann. §25-61-3(f)] and are, therefore, investigative reports which are exempt from production under the Public Records Act.”
Investigative Reports:
Pursuant to Miss. Code Ann. §25-61-3(f) and Miss. Code Ann. §25-61-12(2), “investigative reports” are not subject to release through public records requests. This includes any information regarding the investigation to include but not be limited to recordings (audio and video), supplemental reports, toxicology reports, etc.
Vague Requests:
Vague or general requests for information do not constitute legitimate public records requests as they fall outside of the parameters of the Mississippi Public Records Act. “A person who requests public records must request an identifiable record or class of records before a public body can comply with the request. An ‘identifiable record’ is one that staff of the public body can reasonably locate. An ‘identifiable record’ is not a request for ‘information’ in general.” See Stasher v. Mississippi State Personnel Board, Public Records Case No. R-22-027; see also Brock vs. McComb School District, Public Records Case No. R-22-048.
Discovery Requests:
Discovery requests are not public records requests. Pursuant to Rule 17.10 of the Miss. Rules of Criminal Procedure, “[u]pon written request made prior to trial, the prosecuting attorney shall provide . . ." discovery and disclosures. You must contact the local prosecutor’s office to obtain the discovery information you are seeking.
Personnel File Information:
Pursuant to Miss. Code Ann. §25-1-100(1), personnel files are not subject to release through public records requests.
Medical Records are not public records:
Regarding the confidentiality of patients' medical records, Miss. Code Ann. § 41-91-11(1) states that "[d]ata obtained under this chapter directly from the medical records of a patient is for the confidential use of the department and the persons or public or private entities that the department determines are necessary to carry out the intent of this chapter. The data is privileged and may not be divulged or made public in a manner that discloses the identity of an individual whose medical records have been used for obtaining data under this chapter."
Subsection (2) further states that "[i]nformation that may identify an individual whose medical records have been used for obtaining data under this chapter is not available for public inspection under the Mississippi Public Records Act of 1983."
Pursuant to Miss. Code Ann. § 63-3-417, motor vehicle accident / crash reports are not public records.
Interrogatories are not public records requests.
Legal advice is not a request for public records.