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 Type | Waiting Period | Legal Basis |
|---|---|---|
| Most misdemeanors | 3 years after sentence completion | Miss. Code § 99-19-71(2) |
| Non-violent felonies (first offense) | 5 years after sentence completion | Miss. Code § 99-19-71(1) |
| Drug possession (first offense) | 2 years after sentence completion | Miss. Code § 41-29-159 |
| DUI (dismissed or acquitted only) | Immediately | Miss. 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 Name | Purpose | Where to Get |
|---|---|---|
| Petition for Expungement | Asks court to clear your record | Circuit Court clerk or draft yourself |
| Order of Expungement | Judge signs this to grant expungement | Draft yourself; judge signs |
| Mississippi Criminal Information Center (MCIC) Expungement Form | Notifies state records agency | Mississippi Department of Public Safety |
| Fingerprint Card | Required for background check | Local sheriff's office |
| Affidavit of Indigency | Asks to skip filing fees if low-income | Circuit 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:
- Get a copy of your criminal record
- Request from the Mississippi Criminal Information Center (MCIC)
- Phone: (601) 933-2124
- Online: dps.ms.gov
- Check that your conviction qualifies
- Review the list above for eligible offenses
- First-time offenders have more options
- 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 Ended | You 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
- 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
- File the Petition at the Circuit Court Clerk's Office in the county where you were convicted
- Pay the filing fee (or file Affidavit of Indigency if you cannot afford it)
- 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
- Get a certified copy of the signed Order
- File it with the Circuit Court Clerk
- 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
- Order Signed: Judge signs the Order of Expungement
- File the Order: Submit to Circuit Court Clerk and get certified copies
- 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
- 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
| Stage | Typical Timeframe |
|---|---|
| File petition to hearing | 30-90 days |
| Judge signs order | At hearing (if approved) |
| Agencies update records | 30-90 days after order |
8. Local Legal Aid Resources — Mississippi
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
- Website: courts.ms.gov
- Services: Court self-help resources
9. Controlling Statute Citations — Mississippi
| Topic | Statute |
|---|---|
| General Expungement Authority | Miss. Code Ann. § 99-19-71 |
| Misdemeanor Expungement | Miss. Code Ann. § 99-19-71(2) |
| Non-Violent Felony Expungement (First Offense) | Miss. Code Ann. § 99-19-71(1) |
| Drug Possession Expungement | Miss. Code Ann. § 41-29-159 |
| DUI Expungement (Dismissed/Acquitted) | Miss. Code Ann. § 63-11-30(17) |
| Expungement of Arrest Records | Miss. Code Ann. § 99-19-71(7) |
| Crimes Not Eligible for Expungement | Miss. Code Ann. § 99-19-71(2)(b) |
| Effect of Expungement | Miss. 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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