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Mississippi State Resources

 

Expungement is covered by these Mississippi code sections:


  • Mississippi's 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 non-public records.


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 individual must:


  • 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 99-19-71.


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 new case.


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.



Links:



     Free Self-Help & Do-It-Yourself Guides:


Mississippi Expungement Law: eHow Article


Expungement Programs in Mississippi: eHow Article




     State Statutes:


Mississippi Code Section 99-15-26: Dismissal of action upon successful completion of certain court-imposed conditions


Mississippi Code Section 99-19-71: Expunction of Misdemeanor Conviction of First Offender Upon Petition


Mississipi Code Section 41-29-150: Participation in Drug Rehabilitation Programs; Probation



     Free Statewide Forms & Instructions:


Mississippi Department of Health: Criminal History Record Checks


Office of the Governor: Application for Clemency


Form 210: Mississippi State Department of Health: Healthcare Criminal History Background Affidavit



     Free County Specific Forms & Instructions:


Rankin County Justice Court: Order Granting Expunction of Record



Other Free Legal Resources:


Collateral Consequences of a Criminal Conviction in Mississippi


Steps Coalition mission is to build a democratic movement to create a healthy, just and equitable Mississippi Gulf Coast by developing local leadership, supporting communities to advocate for their needs and by facilitating communication, coordination, and collaboration among its membership.


With offices in Jackson, Biloxi and Indianola, the Mississippi Center for Justiceseeks systemic solutions that promote educational opportunity, protect the rights of consumers, secure access to healthcare, ensure equity in disaster recovery and put affordable housing within the reach of all Mississippians. 


University of Mississippi Law School Pro Bono Initiative



Mississippi Criminal History Databases:


Mississippi Department of Corrections Inmate Locator


Mississippi Sex Offender Registry


Mississippi Band of Choctaw Indians Sex Offender Registry



Commercial Self-Help Guides: