________________________________________________________________________________
STATE OF MISSISSIPPI
[COUNTY] COUNTY
CIRCUIT COURT
________________________________________________________________________________
[PETITIONER FULL NAME],
Petitioner,
v. Cause No.: _______________
[RESPONDENT FULL NAME],
Respondent.
________________________________________________________________________________
PETITION TO EXPUNGE CRIMINAL RECORD
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Petitioner [FULL NAME], appearing pro se, hereby files this Petition to
Expunge Criminal Record pursuant to Miss. Code Ann. § 99-19-71, and in
support thereof states as follows:
PETITIONER INFORMATION
- Name: [FULL LEGAL NAME]
- Date of Birth: [DATE OF BIRTH]
- Current Address: [ADDRESS], [CITY], [COUNTY] County, Mississippi [ZIP]
- Social Security Number: XXX-XX-[LAST 4 DIGITS]
ARREST AND CONVICTION INFORMATION
- Petitioner was arrested on [DATE] in [COUNTY] County, Mississippi, for:
[OFFENSE]
- The disposition of the case was:
[ ] Dismissed
[ ] Acquitted (Found Not Guilty)
[ ] Nolle Prosequi (Charges Dropped)
[ ] Convicted
[ ] Deferred under Pretrial Intervention
- If convicted, provide the following:
- Date of Conviction: [DATE]
- Court: [COURT NAME]
- Offense: [OFFENSE]
- Sentence: [SENTENCE]
- Case Number: [CASE NUMBER]
ELIGIBILITY FOR EXPUNGEMENT
- Petitioner is eligible for expungement because:
[ ] The charges were dismissed or Petitioner was acquitted
[ ] Petitioner successfully completed a pretrial diversion program
[ ] The conviction is eligible under Miss. Code Ann. § 99-19-71(1)
[ ] Five (5) years have passed since completion of sentence for a
misdemeanor
[ ] Five (5) years have passed since completion of sentence for a
non-violent felony
[ ] The offense is listed as an eligible offense under Miss. Code
Ann. § 99-19-71(2)
- Petitioner has [ ] / has not [ ] previously had a record expunged
(Note: Mississippi limits most individuals to one expungement).
- Petitioner is NOT seeking expungement of the following ineligible
offenses under Miss. Code Ann. § 99-19-71(2):
- Any violent offense
- Arson
- Perjury
- Embezzlement
- Felony DUI
- Murder, manslaughter, or homicide
- Kidnapping
- Rape or sexual battery
- Any sex offense requiring registration
- Trafficking of controlled substances
- Felonies involving the use of a deadly weapon
REHABILITATION
- Since the arrest/conviction, Petitioner has:
[ ] Maintained steady employment
[ ] Completed education programs
[ ] Completed rehabilitation programs
[ ] Performed community service
[ ] Had no subsequent arrests or convictions
[ ] Other: [DESCRIBE]
- Petitioner requests expungement for the following reasons:
[EXPLAIN YOUR REASONS FOR WANTING THE RECORD EXPUNGED]
ATTACHMENTS
- Petitioner attaches the following documents:
[ ] Certified copy of arrest record
[ ] Certified copy of court disposition
[ ] Proof of completion of sentence (if applicable)
[ ] Affidavits of good character
[ ] Other: [DESCRIBE]
PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that this Honorable Court:
a. Grant this Petition to Expunge Criminal Record;
b. Order that all records of the arrest and/or conviction be expunged
(physically destroyed or obliterated);
c. Order that all agencies having custody of the records be directed
to expunge them;
d. Order that Petitioner be restored to the status held before the
arrest and/or conviction;
e. Grant such other and further relief as the Court deems just and proper.
________________________________
[YOUR FULL LEGAL NAME]
Petitioner (Signature)
________________________________
[YOUR FULL LEGAL NAME - PRINTED]
Petitioner (Print Name)
[ADDRESS]
[CITY], MS [ZIP CODE]
[PHONE NUMBER]
[EMAIL ADDRESS]
________________________________________________________________________________
VERIFICATION
________________________________________________________________________________
STATE OF MISSISSIPPI)
ss.:
COUNTY OF __________)
I, [YOUR FULL LEGAL NAME], being first duly sworn, depose and say that I am
the Petitioner in this matter, that I have read the foregoing Petition, and
that the facts stated therein are true and correct to the best of my
knowledge, information, and belief.
________________________________
[YOUR FULL LEGAL NAME]
Petitioner
SWORN TO AND SUBSCRIBED before me, this the ___ day of __________, 20___.
________________________________
Notary Public
My Commission Expires: ______________
________________________________________________________________________________
MISSISSIPPI EXPUNGEMENT GUIDE
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LEGAL AUTHORITY:
- Miss. Code Ann. § 99-19-71 (Expungement of Criminal Records)
- Miss. Code Ann. § 99-15-26 (Pretrial Diversion Expungement)
ELIGIBILITY FOR EXPUNGEMENT:
- AUTOMATIC ELIGIBILITY:
- Dismissed charges
- Acquittal (not guilty verdict)
- Nolle prosequi (prosecutor dropped charges)
- Successful completion of pretrial diversion
- CONVICTION EXPUNGEMENT (Miss. Code Ann. § 99-19-71(1)):
- Must wait 5 years after completion of sentence
- Limited to one expungement (with some exceptions)
- Offense must be listed as eligible
- ELIGIBLE OFFENSES INCLUDE:
- Most misdemeanors
- First offense simple possession of controlled substance
- First offense shoplifting
- First offense bad check
- Non-violent felonies (specific list)
- INELIGIBLE OFFENSES (Miss. Code Ann. § 99-19-71(2)):
- Violent crimes
- Arson
- Perjury
- Embezzlement
- Felony DUI
- Murder, manslaughter
- Kidnapping
- Rape, sexual battery
- Sex offenses requiring registration
- Drug trafficking
- Felonies involving deadly weapons
MISSISSIPPI CIRCUIT COURTS:
File in the Circuit Court of the county where the arrest or conviction occurred.
HINDS COUNTY (Jackson):
- Hinds County Circuit Court
- 407 East Pascagoula Street
- Jackson, MS 39201
- Phone: (601) 968-6628
HARRISON COUNTY (Gulfport):
- Harrison County Circuit Court
- 1801 23rd Avenue
- Gulfport, MS 39501
- Phone: (228) 865-4000
DE SOTO COUNTY (Southaven):
- De Soto County Circuit Court
- 2535 Highway 51 South
- Hernando, MS 38632
- Phone: (662) 429-1330
RANKIN COUNTY (Brandon):
- Rankin County Circuit Court
- 2190 Highway 468 West
- Brandon, MS 39042
- Phone: (601) 824-1430
FILING FEES:
- Petition filing fee: Approximately $100-150
- May be waived for indigent petitioners
REQUIRED DOCUMENTS:
- Petition to Expunge Criminal Record
- Certified copy of arrest record
- Certified copy of court disposition
- Proof of completion of sentence (if applicable)
- Affidavits of good character
PROCESS:
- FILE the petition in the Circuit Court
- SERVE the District Attorney's office
- ATTEND the hearing (if required)
- RECEIVE the court order
- PROVIDE copies of the order to all agencies with records
EFFECT OF EXPUNGEMENT:
- Records are physically destroyed or obliterated
- You may legally state you were never arrested or convicted
- The arrest/conviction will not appear on background checks
- Law enforcement may retain limited records
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LEGAL DISCLAIMER
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This document is provided for informational purposes only and does not
constitute legal advice. The expungement process can be complex. You
should consult with a licensed Mississippi attorney before proceeding.
Mississippi expungement laws are subject to change. Verify current
requirements with the Mississippi Code or a qualified attorney.