expungement statute was amended in 2010 to include nonviolent felonies
of theft and controlled substance charges.
- Expungement of first offender misdemeanor and some drug-related convictions - Miss. Code Sections 99-19-71 & 41-29-150
- Expungement of criminal records non-conviction - Miss. Code Sections 99-15-26 & 99-15-59
- Sealing of juvenile criminal records - Miss. Code Sections 43-21-265, 43-21-263, & 43-21-159
- Copying, inspecting and challenging criminal offender records - Miss. Code Sections 45-27-11
Misdemeanor Expungement in Mississippi
Misdemeanors committed by first-time offenders may be eligible for expungement under Mississippi law. The charge must not be for a traffic related offense.
Expunge a Felony in Mississippi
Generally, felony convictions are not covered under expungement law
in Mississippi. In some instances, a pardon may be available to seal
the record of a felony conviction.
DUI Expungement in Mississippi
Mississippi’s general misdemeanor expungement statute does not
allow for traffic offenses to be expunged; however, minors may be able
to get their DUI convictions expunged.
How Expungements in Mississippi Work
An expunged record is not available to the public in Mississippi,
and the individual has the same standing in society as someone who has
never been convicted of a crime. That is provided the individual does
not have any other (non-expunged) convictions. Police may view your
Process of Criminal Record Expungements
To acquire expungment in Mississippi, an individual must
demonstrate good conduct and rehabilitation post conviction. This may
mean the payment of court fines, and completion of any sentencing
requirements. The municipal court in the county where the offense
occurred or the prosecutor’s office can provide information about
obtaining an expungement.
Conditions and Eligibility Requirements
Misdemeanors and minor convictions are the main offenses available
for expungement under Mississippi law. To obtain an expungement the
- Not commit any further offenses
- Show that they have been rehabilitated
- Prove good behavior post-conviction
Mississippi Expungement Forms
The following forms are utilized in filing for an expungement in Mississippi:
- Affidavit in Support of Motion to Order Expungement of Criminal Record
- Motion to Expunge
- Order Expunging Record
- Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction
- Petition for Expungement of Record in Case of Acquittal and Release without Conviction
- Motion to Expunge Criminal Offender Record due to Charges having been Dismissed
What Fees May a Circuit Court Clerk Charge for the Filing of a Petition for Expungement?
Section 99-19-72 requires the circuit clerk to collect a $150.00 filing
fee upon the filing of a petition for expungement pursuant to Section
With respect to Section 9-23-23, which pertains to drug
courts, expungement is automatic upon completion of the court’s
requirements, thus no petition is filed, and there is no filing fee.
Under Sections 41-29-150 and 99-15-26, the $85.00 filing fee pursuant to
Section 25-7-13(1)(a) would only be collected if the application for expungement is filed as a
If the new document is filed as part of the original case,
the $85.00 fee would not be applicable.
What is the Effect of an Expungement in Mississippi?
"The effect of [an expungement] shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest. No person as to whom such order has been entered shall be held thereafter under any provision of law to be guilty of perjury or to have otherwise given a false statement by reason of his failure to recite or acknowledge such arrest or conviction in response to any inquiry made of him for any purpose, except for [a couple of little reasons]. Miss. Code Ann. § 99-19-71.