<!--

meta_description: Learn how to expunge your criminal record in Mississippi in 2026. Eligibility for first-time offender non-adjudication and expungement under §§99-19-71, 99-19-73. Save with jurisdiction-correct templates from $47.

primary_keyword: how to expunge criminal record in Mississippi

internal_links: /states/mississippi/expungement, /documents/expungement

-->

How to Expunge Your Criminal Record in Mississippi — 2026 Guide

This content is for informational purposes only and does not constitute legal advice. Consult a licensed Mississippi attorney for advice specific to your situation.

A criminal record in Mississippi creates barriers to employment, housing, professional licenses, and loans. But Mississippi offers two pathways to clear your record: First-Time Offender Non-Adjudication (deferred adjudication) and Expungement (post-conviction relief).

This guide explains who qualifies for record clearing in Mississippi, how the process works, what it costs, and step-by-step instructions to erase your criminal record.

What Is Expungement and Non-Adjudication in Mississippi?

Mississippi has two different pathways to clear criminal records:

1. First-Time Offender Non-Adjudication (§99-19-71):

• Deferred adjudication — court accepts guilty plea but withholds judgment
• You complete probation/supervision
• Case is dismissed (no conviction entered)
• Record shows "non-adjudication" (not "guilty")
• Available only once in lifetime for certain offenses

2. Expungement (§99-19-73):

• Post-conviction relief — record is physically destroyed or erased
• Requires waiting period (5 years for most felonies, no wait for misdemeanors/first-time offenders)
• More limited availability than non-adjudication
• Court has discretion

Both result in a clean criminal record for most purposes, but non-adjudication is generally preferred if eligible (faster, more certain, available for more offenses).

Mississippi Record-Clearing Eligibility

First-Time Offender Non-Adjudication (§99-19-71)

This is Mississippi's version of "diversion" or "deferred adjudication" — the court accepts your guilty plea but withholds entering a conviction if you complete probation successfully.

Eligible Offenses:

• Most misdemeanors (except DUI, domestic violence, sex offenses, crimes of violence)
• Non-violent felonies (theft, burglary of dwelling/vehicle, embezzlement, bad checks, some drug offenses — at judge's discretion)
• First offense only (lifetime limit)

Ineligible Offenses:

• DUI/DWI (any conviction, even 1st offense)
• Domestic violence (even if misdemeanor)
• Sex offenses (any offense requiring sex offender registration)
• Crimes of violence (murder, assault, robbery, kidnapping, arson)
• Traffic offenses (speeding, reckless driving, etc.)

Requirements:

1. First offense (no prior convictions in Mississippi or any other state)
2. Plead guilty (court accepts plea but withholds judgment)
3. No prior felony record (anywhere)
4. Victim restitution (if any) must be paid
5. Good behavior during probation period (typically 6–12 months)
6. Judge approval (discretionary — judge can deny even if eligible)

Process:

• Pre-sentencing — request non-adjudication before sentencing
• Probation — court places you on supervised or unsupervised probation
• Successful completion — pay fines, restitution, complete community service, pass drug tests, no new arrests
• Dismissal — judge dismisses case, no conviction entered
• Record shows "Non-Adjudication" or "Dismissed — Non-Adjudication"

Expungement (§99-19-73)

Expungement physically destroys or erases your criminal record after conviction.

Eligible Offenses (No Waiting Period for First-Time Offenders):

Under §99-19-73(2), you can expunge any misdemeanor or felony if:

• First offense (no prior convictions in Mississippi or any other state)
• Waiting period not required for first-time offenders
• Judge has discretion (can deny even if eligible)

Eligible Offenses (5-Year Waiting Period for Repeat Offenders):

Under §99-19-73(1), you can expunge certain misdemeanors and felonies if:

• 5 years have passed since you:
• Completed sentence (including probation), AND
• Satisfied all court orders (fines, restitution, community service), AND
• Were not convicted of a new crime during that period
• Limited to:
• Misdemeanors (except DUI, domestic violence, sex offenses, crimes of violence)
• Felonies punishable by 5 years or less (some theft, burglary, drug possession — at judge's discretion)
• Judge has discretion (can deny even if eligible)

Ineligible Offenses (Cannot Be Expunged):

Mississippi law PROHIBITS expungement for:

• DUI/DWI (any conviction, even 1st offense)
• Domestic violence (even if misdemeanor)
• Sex offenses (any offense requiring sex offender registration under §45-33-25)
• Crimes of violence (murder, manslaughter, assault, robbery, kidnapping, arson)
• Traffic offenses (speeding, reckless driving, CDL violations)
• Convictions for which you're still serving a sentence (probation, parole)

Waiting Periods:

"Sentence completion" means:

• Jail/prison time served
• Probation/parole successfully completed
• All fines, restitution, and court costs paid
• No new charges or convictions during the waiting period

The Mississippi Record-Clearing Process: Step-by-Step

Path 1: First-Time Offender Non-Adjudication (Preferred)

This is Mississippi's best pathway for eligible first-time offenders.

Step 1: Before Plea or Sentencing

Non-adjudication must be requested before the court accepts your guilty plea and enters judgment. Timing is critical:

• At arraignment (initial court appearance)
• During plea negotiations with prosecutor
• Before sentencing hearing

Step 2: Petition for Non-Adjudication

File "Petition for First-Time Offender Non-Adjudication" under §99-19-71:

• Your personal information (name, DOB, address, SSN)
• Case information (court, case number, arrest date, charge)
• Statement that you're a first-time offender (no prior convictions)
• Request for non-adjudication (withhold judgment, place on probation)
• Reasons why non-adjudication serves justice (employment, family, rehabilitation)

Affidavit of First-Time Offender Status:

• Sworn statement verifying:
• No prior convictions in Mississippi or any other state
• Understanding non-adjudication is once-in-a-lifetime opportunity
• Willingness to comply with probation conditions

Step 3: Prosecutor Consent and Judge Approval

• Prosecutor must consent (often required in practice)
• Judge has discretion (can deny even if eligible)
• Victim restitution (if any) must be paid
• Hearing may be scheduled (judge asks questions, victim may speak)

If judge grants non-adjudication:

• Court accepts guilty plea but WITHHOLDS ADJUDICATION OF GUILT
• You're placed on probation (typically 6–12 months)
• Conditions: drug testing, community service, classes, no new arrests, pay fines/restitution

Step 4: Complete Probation Successfully

During probation, you must:

• Pay all fines, court costs, and restitution on schedule
• Pass all drug tests (random testing common)
• Complete community service hours
• Attend required classes (anger management, drug education, etc.)
• No new arrests or charges (even minor offenses can violate probation)
• Report to probation officer as required

Step 5: Discharge and Dismissal

Upon successful completion of probation:

• Probation officer files report with court confirming compliance
• Judge signs order dismissing case
• No conviction entered — record shows "Non-Adjudication" or "Dismissed — Non-Adjudication"
• Expungement not required (no conviction to expunge)

Path 2: Expungement (Post-Conviction)

If you've already been convicted or ineligible for non-adjudication, expungement is the pathway.

Step 1: Get Your Criminal Record

Before filing, you need a copy of your criminal history.

Mississippi Criminal History Check:

• Request via Mississippi Department of Public Safety (DPS)
• Fingerprint-based background check
• Cost: ~$25–$30
• Includes all Mississippi arrests and dispositions

FBI Identity History Summary:

• Online: FBI Channeler
• Cost: $18 (FBI fee) + channeler fee
• Federal + state convictions (nationwide)
• Takes 2–4 weeks

Step 2: Verify Your Eligibility

Review your record to confirm:

1. No ineligible offenses (DUI, domestic violence, sex offenses, crimes of violence)
2. Waiting period satisfied (5 years for repeat offenders, none for first-time offenders)
3. No new convictions during the waiting period
4. Sentence completed (probation, fines, restitution paid)

Step 3: Prepare Your Expungement Petition

Under §99-19-73, file a "Petition for Expungement of Criminal Record" with the court where convicted.

Petition for Expungement:

• Your personal information (name, DOB, address, SSN)
• Case information (court, case number, arrest date, charge, conviction date, sentence)
• Grounds for expungement (statutory eligibility met)
• Facts supporting expungement (rehabilitation, employment, community service, good character since conviction)
• Relief requested (order expunging conviction and directing agencies to destroy records)

Affidavit in Support:

• Sworn statement describing your life since conviction
• Employment history, education, community involvement
• Rehabilitation efforts (treatment, counseling, programs)
• Reasons why expungement serves justice (employment, housing, family)
• Character references (letters from employers, community members, clergy)

Proposed Order:

• Draft order for judge to sign if petition granted
• Specifies conviction to be expunged and agencies notified

jurisdiction-correct expungement templates from Jurist-Diction ensure your application meets Mississippi's exact requirements.

Step 4: File in the Correct Court

File your petition with the Circuit Court where you were convicted (misdemeanors appealed from lower courts are often in Circuit Court).

Filing fees (as of 2026):

• Petition filing: ~$100–$150 (varies by county)
• Fee waiver may be available if indigent (file Pauper's Affidavit)

Step 5: Serve the Prosecutor

Under §99-19-73, notify the District Attorney:

• Serve copies of petition, affidavit, and supporting documents
• Prosecutor has 30 days to object or consent
• If prosecutor consents, expungement typically granted without hearing
• If prosecutor objects, court will hold hearing and decide

Service methods:

• Sheriff's service (most reliable)
• Certified mail (return receipt requested)

Step 6: Waiting Period (Prosecutor Review)

After filing and service:

• Prosecutor reviews your criminal history and application
• 30 days to object or consent
• Most prosecutors consent if:
• Statutory eligibility met
• No new convictions
• Sufficient time passed (5+ years for repeat offenders)
• Good character references
• Productive, law-abiding life since conviction

If prosecutor objects, they must state reasons (public safety, nature of offense, pattern of behavior).

Step 7: Hearing (If Contested)

If prosecutor objects or judge questions eligibility, a hearing is scheduled. You'll receive notice by mail.

At the hearing:

• Judge asks questions about your background, rehabilitation, and reasons for expungement
• Prosecutor may present evidence against expungement (new arrests, pattern of behavior)
• You may testify (or have your attorney speak)
• Character witnesses may testify on your behalf

If judge is satisfied expungement is appropriate, they'll sign an Order of Expungement.

Step 8: Order Sent to Agencies

If granted, the court sends the expungement order to:

• Mississippi Department of Public Safety (DPS) (updates state criminal history database)
• Federal Bureau of Investigation (FBI) (updates NCIC database)
• Court clerks (destroy or seal case files)
• Arresting agencies (police departments, sheriff's offices)
• Other agencies (Department of Corrections, probation departments)

These agencies must update their records within 30–60 days. Your record is then erased from public view.

Mississippi Record-Clearing Costs

Breakdown of typical expenses:

Total estimated cost: $150–$300 if you file yourself (pro se). Hiring an attorney increases cost but improves your chances for:

• Complex cases (objections from prosecutor)
• Prior denials
• Uncertain eligibility
• Multiple convictions

Fee waivers may be available if:

• Your income is below federal poverty guidelines
• You receive public benefits (SNAP, Medicaid, SSI)
• You're experiencing financial hardship

Ask the court clerk for a Pauper's Affidavit or Fee Waiver Application.

jurisdiction-correct templates

If your record-clearing is straightforward (eligible offense, waiting period met, no new convictions), you can file pro se (without an attorney). jurisdiction-correct documents from Jurist-Diction include:

• Professionally drafted Petition for First-Time Offender Non-Adjudication OR Petition for Expungement
• Affidavit with sample language
• Proposed Order for judge's signature
• Filing instructions for your county
• Checklist of required documents
• Character reference template

All starting at $47 — a fraction of attorney fees.

Templates are for informational purposes only and do not constitute legal advice. For contested cases, prior denials, or complex criminal histories, consult a licensed Mississippi attorney.

What Happens After Record Clearing?

Employment Background Checks

Once your record is cleared:

• Most employers won't see the offense on background checks
• Public court records show "Non-Adjudication" or are removed entirely
• You can legally deny the conviction on most job applications

Non-Adjudication vs. Expungement: What's the Difference?

Non-Adjudication:

• No conviction entered (case dismissed before judgment)
• Record shows "Non-Adjudication" or "Dismissed — Non-Adjudication"
• Not "guilty" but not "convicted" either
• Preferred pathway if eligible (faster, more certain)

Expungement:

• Conviction entered but later erased/destroyed
• Record physically destroyed or removed from public view
• As if conviction never existed (for most practical purposes)

For most practical purposes (employment, housing, loans), both have the same effect: clean background check.

Exceptions: Who Can Still See Cleared Records?

Record-clearing is not absolute. Limited access remains for:

• Law enforcement (police, prosecutors, courts, probation/parole)
• Correctional facilities (if incarcerated again)
• Firearm licensing (gun permit applications may require disclosure)
• Certain professional licenses (teaching, nursing, law enforcement, childcare) — may require disclosure
• Military/government security clearances — cleared records must be disclosed
• Immigration authorities (USCIS, ICE, CBP)

Always be honest on applications that ask: "Have you ever been convicted of a crime, including expunged or non-adjudicated records?" Lying can have worse consequences than the original offense (perjury, fraud, license revocation).

Firearm Rights

Record-clearing does NOT automatically restore firearms rights if you were convicted of:

• Felonies (federal law prohibits felons from possessing guns, 18 U.S.C. §922(g)(1))
• Domestic violence misdemeanors (federal prohibition under 18 U.S.C. §922(g)(9))
• Drug offenses (even if expunged, federal firearm disability may apply)

If you want to own firearms after a disqualifying conviction, you may need:

• Expungement (clears Mississippi record)
• Pardon from the Governor (restores civil rights, may include firearms)
• Relief from disabilities (federal process, very rare — 18 U.S.C. §925(c))

Mississippi Record-Clearing FAQs

Can I clear a DUI in Mississippi?

No. DUI/DWI convictions are ineligible for both non-adjudication and expungement in Mississippi. However:

• DUI dismissals or acquittals (not guilty, nolle prosequi) can be expunged immediately
• DUI reduced to reckless driving — may be eligible for non-adjudication or expungement (at judge's discretion)

How long does the record-clearing process take?

• Non-Adjudication: 6–12 months (probation period) + dismissal
• Expungement (uncontested): 2–4 months from filing to order
• Expungement (contested): 6–9 months depending on court availability

Do I need an attorney for record-clearing?

Not required. Many people file successfully pro se using jurisdiction-correct templates. However, consider hiring an attorney if:

• Prosecutor objects
• You have a complex criminal history (multiple convictions, felonies)
• Your case involved violence or sex offenses (check eligibility — may be ineligible)
• You're unsure about eligibility (first-time offender vs. repeat offender)
• You were previously denied

What if my petition is denied?

You can:

1. Re-file after addressing the reason for denial (e.g., wait longer, gather more rehabilitation evidence)
2. Appeal the decision (within 30 days to Mississippi Supreme Court)
3. Seek a pardon from the Governor (restores civil rights, can't expunge but provides relief)
4. Apply for a Certificate of Rehabilitation (some professional licenses accept this)

Can I clear federal charges in Mississippi?

Federal expungement is extremely rare and only available in very limited circumstances (e.g., DNA exoneration, First-Time Offender Act for simple drug possession). Most federal convictions cannot be expunged. Consider:

• Presidential pardon (only path for most federal convictions)
• Certificate of Rehabilitation (federal, limited availability)

Will cleared records show up on FBI background checks?

Once Mississippi clears your record and notifies the FBI, the National Crime Information Center (NCIC) database should be updated. However, errors happen. Verify your FBI rap sheet after clearing by requesting an Identity History Summary Check from the FBI.

Can I clear juvenile records in Mississippi?

Yes. Juvenile delinquency records are handled differently under Youth Court Act. Many juvenile records are sealed automatically when you turn 18 or 21 (depending on offense level). If not automatically sealed, you can petition the Youth Court.

What's the difference between non-adjudication and a pre-trial diversion program?

• Non-adjudication (§99-19-71): Statutory, after guilty plea, court withholds judgment, placed on probation, case dismissed if successful
• Pre-trial diversion: Before guilty plea, prosecutor defers prosecution, you complete program (drug court, veteran's court, etc.), charges dismissed if successful

Both result in dismissal and no conviction, but non-adjudication is more formal and has stricter eligibility (first-time offender only).

Getting Started

Clearing your criminal record in Mississippi opens doors to employment, housing, and financial freedom. If you're eligible and ready to move forward, Jurist-Diction's jurisdiction-correct Mississippi record-clearing documents include everything you need to file with confidence — starting at $47.

Don't let an old mistake hold you back forever. Clear your record, restore your reputation, and move forward with a clean slate.

Templates are for informational purposes only and do not constitute legal advice. For complex situations, consult a licensed Mississippi attorney.

Last updated: March 2026 | Jurist-Diction covers expungement documents for: NY, NJ, PA, MD, DE, MS, TN