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Mississippi Expungement — LSC-Grade Legal Packet

Free legal self-help guide for Mississippi residents. This packet provides LSC-grade legal information to help you understand your rights and navigate the court system.

Mississippi Expungement — LSC-Grade Legal Packet

Jurist-Diction | Legal Document Automation for Underserved Communities

This packet is for informational purposes only and does not constitute legal advice. For legal advice, contact North Mississippi Rural Legal Services, Mississippi Center for Legal Services, or a licensed Mississippi attorney.


1. Eligibility Checker — Who This Packet Helps

You may qualify for expungement in Mississippi if:

  • [ ] You were convicted of a qualifying misdemeanor or felony in Mississippi
  • [ ] You completed your sentence (including probation and parole)
  • [ ] You have paid all fines, court costs, and restitution
  • [ ] A certain amount of time has passed since your sentence ended
  • [ ] You have no pending criminal charges

Convictions That MAY Be Expunged:

Offense TypeWaiting PeriodLegal Basis
Most misdemeanors3 years after sentence completionMiss. Code § 99-19-71(2)
Non-violent felonies (first offense)5 years after sentence completionMiss. Code § 99-19-71(1)
Drug possession (first offense)2 years after sentence completionMiss. Code § 41-29-159
DUI (dismissed or acquitted only)ImmediatelyMiss. Code § 63-11-30(17)

Convictions That CANNOT Be Expunged:

  • Murder, manslaughter, or homicide
  • Rape, sexual battery, or sex offenses requiring registration
  • Kidnapping
  • Armed robbery
  • aggravated assault on a law enforcement officer
  • Felony DUI
  • Traffic offenses (except DUI dismissals)
  • Any crime involving a minor victim
  • Embezzlement

2. Required Forms — Mississippi Expungement

Forms You Will Need

Form NamePurposeWhere to Get
Petition for ExpungementAsks court to clear your recordCircuit Court clerk or draft yourself
Order of ExpungementJudge signs this to grant expungementDraft yourself; judge signs
Mississippi Criminal Information Center (MCIC) Expungement FormNotifies state records agencyMississippi Department of Public Safety
Fingerprint CardRequired for background checkLocal sheriff's office
Affidavit of IndigencyAsks to skip filing fees if low-incomeCircuit Court clerk

Where to Get Forms

  • Circuit Court Clerk's Office in the county where you were convicted
  • Mississippi Judiciary Self-Help: courts.ms.gov
  • Some counties provide forms online; others require drafting your own petition

3. Step-by-Step Filing Instructions

Step 1: Confirm Your Eligibility

Before filing, make sure:

  1. Get a copy of your criminal record
  • Request from the Mississippi Criminal Information Center (MCIC)
  • Phone: (601) 933-2124
  • Online: dps.ms.gov
  1. Check that your conviction qualifies
  • Review the list above for eligible offenses
  • First-time offenders have more options
  1. Confirm you completed your sentence
  • Probation/parole must be fully completed
  • All fines and court costs must be paid
  • Restitution must be paid in full

Step 2: Wait the Required Time Period

If Your Sentence EndedYou Can File On
3 years ago (misdemeanor)Anytime after 3 years
5 years ago (non-violent felony)Anytime after 5 years
2 years ago (drug possession, first offense)Anytime after 2 years

Do NOT file early. The court will deny your petition if the waiting period has not passed.

Step 3: Gather Required Documents

  • [ ] Certified copy of your criminal record (MCIC report)
  • [ ] Copy of the indictment or information from your case
  • [ ] Copy of the sentencing order
  • [ ] Proof that all fines, fees, and restitution are paid
  • [ ] Proof of completion of probation or parole
  • [ ] Fingerprint card from sheriff's office (if required)

Step 4: Draft and File Your Petition

  1. Draft the Petition for Expungement including:
  • Your full name and current address
  • The case number and court where convicted
  • The specific offense(s) to be expunged
  • Date of conviction and sentence completion
  • Statement that you meet all eligibility requirements
  • Request that the court order expungement
  1. File the Petition at the Circuit Court Clerk's Office in the county where you were convicted
  1. Pay the filing fee (or file Affidavit of Indigency if you cannot afford it)
  1. Get a copy stamped for your records

Step 5: Serve Notice (If Required)

In some cases, you must notify:

  • The District Attorney's Office that prosecuted your case
  • The arresting law enforcement agency
  • The Mississippi Department of Public Safety

The clerk can tell you if service is required in your county.

Step 6: Attend Your Hearing

  • The court will schedule a hearing date
  • Bring all your documents
  • The judge will review your petition and may ask questions
  • If the judge approves, they will sign the Order of Expungement

Step 7: File the Signed Order

  1. Get a certified copy of the signed Order
  2. File it with the Circuit Court Clerk
  3. Send copies to:
  • Mississippi Criminal Information Center
  • The arresting agency
  • Any other agencies that have your record

4. Exact Court Information — Mississippi Circuit Courts

Expungements in Mississippi are filed in Circuit Court for the county where you were convicted.

Hinds County (Jackson Metro)

Hinds County Circuit Court

  • Address: 407 East Pascagoula Street, Jackson, MS 39201
  • Phone: (601) 968-6557
  • Hours: Monday–Friday, 8:00 AM – 5:00 PM
  • Filing Fee: Approximately $150-200 (varies)

DeSoto County

DeSoto County Circuit Court

  • Address: 2535 Highway 51 South, Hernando, MS 38632
  • Phone: (662) 429-1320
  • Hours: Monday–Friday, 8:00 AM – 5:00 PM
  • Filing Fee: Approximately $150-200

Harrison County (Gulf Coast)

Harrison County Circuit Court

  • Address: 1804 23rd Avenue, Gulfport, MS 39501
  • Phone: (228) 865-4000
  • Hours: Monday–Friday, 8:00 AM – 5:00 PM
  • Filing Fee: Approximately $150-200

Rankin County

Rankin County Circuit Court

  • Address: 2212 Government Street, Brandon, MS 39042
  • Phone: (601) 825-1460
  • Hours: Monday–Friday, 8:00 AM – 5:00 PM
  • Filing Fee: Approximately $150-200

Fee Waiver Information

If you cannot afford filing fees, file an Affidavit of Indigency or Pauper's Affidavit. You will need to show proof of low income (pay stubs, benefits letter, tax return).


5. Filing Checklist — Before Going to Court

Print this list and check each item:

Documents to Gather:

  • [ ] Certified copy of your criminal record (MCIC report)
  • [ ] Copy of indictment or information
  • [ ] Copy of sentencing order
  • [ ] Proof all fines and court costs are paid
  • [ ] Proof of probation/parole completion
  • [ ] Proof of restitution payment (if ordered)
  • [ ] Fingerprint card (if required)
  • [ ] Completed Petition for Expungement
  • [ ] Draft Order of Expungement

Information to Know:

  • [ ] Exact case number and court
  • [ ] Date of conviction
  • [ ] Date sentence was completed
  • [ ] All offenses you want expunged
  • [ ] Whether you have filed for expungement before

6. What to Bring to the Hearing

Required:

  • Photo ID (driver's license, state ID, passport)
  • All documents from checklist above
  • Copies of your filed petition (stamped copy)
  • Draft Order of Expungement for judge to sign

Recommended:

  • Letters of recommendation (employer, community leader, counselor)
  • Proof of employment or school enrollment
  • Certificates from rehabilitation programs
  • Proof of community service

Do NOT Bring:

  • Weapons of any kind
  • Disruptive behavior
  • Friends or family who may cause a disturbance

7. What Happens After Filing

If the Judge Grants Your Petition

  1. Order Signed: Judge signs the Order of Expungement
  2. File the Order: Submit to Circuit Court Clerk and get certified copies
  3. Notify Agencies: Send certified copies to:
  • Mississippi Criminal Information Center (MCIC)
  • Mississippi Department of Public Safety
  • Arresting law enforcement agency
  • Any other agencies that have your record
  1. Records Cleared: Within 30-90 days, your record should be sealed/removed from:
  • Court records
  • Law enforcement databases
  • Public background checks

If the Judge Denies Your Petition

  • You may re-file if you fix the issues (e.g., wait longer, pay remaining fines)
  • You may appeal to the Mississippi Court of Appeals within 30 days
  • Contact legal aid for help with your next steps

Timeline Expectations

StageTypical Timeframe
File petition to hearing30-90 days
Judge signs orderAt hearing (if approved)
Agencies update records30-90 days after order

LSC-Funded Organizations

North Mississippi Rural Legal Services (NMRLS)

  • Phone: (662) 234-8731 or 1-800-498-1803
  • Website: nmrls.com
  • Services: Free legal help for low-income individuals in 39 north Mississippi counties
  • Counties Served: Includes DeSoto, Lafayette, Lee, Pontotoc, Union, and 34 others
  • Income Limit: Generally 200% of federal poverty level

Mississippi Center for Legal Services (MCLS)

  • Phone: (601) 948-6752 or 1-800-682-6423
  • Website: mslegalservices.org
  • Services: Free legal help for low-income individuals in central and south Mississippi
  • Counties Served: Includes Hinds, Rankin, Madison, Harrison, Jackson, and others
  • Income Limit: Generally 200% of federal poverty level

South Mississippi Legal Services

  • Phone: (228) 864-5678
  • Services: Free legal assistance on the Gulf Coast

Additional Resources

Mississippi Bar Lawyer Referral Service

  • Phone: (601) 948-3194 or 1-800-682-6423
  • Website: msbar.org
  • Services: Referral to private attorneys; initial consultation may be low-cost

Mississippi Expungement Information


9. Controlling Statute Citations — Mississippi

TopicStatute
General Expungement AuthorityMiss. Code Ann. § 99-19-71
Misdemeanor ExpungementMiss. Code Ann. § 99-19-71(2)
Non-Violent Felony Expungement (First Offense)Miss. Code Ann. § 99-19-71(1)
Drug Possession ExpungementMiss. Code Ann. § 41-29-159
DUI Expungement (Dismissed/Acquitted)Miss. Code Ann. § 63-11-30(17)
Expungement of Arrest RecordsMiss. Code Ann. § 99-19-71(7)
Crimes Not Eligible for ExpungementMiss. Code Ann. § 99-19-71(2)(b)
Effect of ExpungementMiss. Code Ann. § 99-19-71(4)

10. Disclaimer

IMPORTANT: This packet is for informational purposes only and does not constitute legal advice. The information provided may not apply to your specific situation. Laws change, and court procedures vary by county.

For legal advice, contact:

  • North Mississippi Rural Legal Services: 1-800-498-1803
  • Mississippi Center for Legal Services: 1-800-682-6423
  • A licensed Mississippi attorney

Jurist-Diction is not a law firm and does not provide legal representation. Using this packet does not create an attorney-client relationship.


Packet Version: March 2026

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