Mississippi Expungement Petition — Your Filing Guide

What This Document Does

This petition asks the court to erase (expunge) your criminal record. Once expunged, you can legally say you were never arrested or convicted, and the record won't appear on most background checks.

When to Use This

• Your charges were dismissed or you were found not guilty
• You completed a pretrial diversion program
• It's been 5+ years since you completed your sentence for an eligible offense
• You want to clear your record for employment, housing, or other opportunities

Are You Eligible?

AUTOMATIC Eligibility (No Waiting Period):

✅ Charges were dismissed

✅ You were acquitted (found not guilty)

✅ Prosecutor dropped charges (nolle prosequi)

✅ You completed pretrial diversion

Eligible After 5 Years:

✅ Most misdemeanors

✅ First offense simple drug possession

✅ First offense shoplifting

✅ First offense bad check

✅ Non-violent felonies (specific list)

NOT Eligible:

❌ Violent crimes

❌ Murder, manslaughter

❌ Kidnapping

❌ Rape or sexual battery

❌ Sex offenses requiring registration

❌ Arson

❌ Perjury

❌ Embezzlement

❌ Felony DUI

❌ Drug trafficking

❌ Felonies involving deadly weapons

Before You File

Gather These Documents:

• [ ] Certified copy of your arrest record (from the arresting agency)
• [ ] Certified copy of the court disposition (from the court clerk)
• [ ] Proof of sentence completion (probation discharge, fine receipts)
• [ ] Character reference letters (employers, community members, clergy)
• [ ] $100-150 filing fee OR fee waiver request

Get Your Records:

1. Arrest Record: Contact the police department or sheriff's office that arrested you
2. Court Disposition: Contact the Circuit Court clerk in the county where your case was heard
3. Background Check: Get a copy from Mississippi Highway Patrol ($32)

Step-by-Step Filing

Step 1: Complete the Petition

Fill in every blank:

1. Your information — name, date of birth, address, Social Security number
2. Arrest and conviction information — date, offense, court, case number
3. Disposition — dismissed, acquitted, convicted, or diversion
4. Eligibility statement — check the boxes that apply
5. Rehabilitation evidence — jobs, education, community service
6. Your reason — explain why you want the expungement

Step 2: Make Copies

Make 3 copies:

• Original for the court
• 1 copy for yourself
• 1 copy for the District Attorney

Step 3: File with the Circuit Court

Where to file:

File in the Circuit Court of the county where the arrest or conviction occurred.

Major Courts:

• Hinds County (Jackson): 407 East Pascagoula Street, Jackson, MS 39201
• Harrison County (Gulfport): 1801 23rd Avenue, Gulfport, MS 39501
• De Soto County (Southaven): 2535 Highway 51 South, Hernando, MS 38632
• Rankin County (Brandon): 2190 Highway 468 West, Brandon, MS 39042

Bring:

• Completed petition
• Certified arrest record and court disposition
• Proof of sentence completion
• Character reference letters
• Filing fee ($100-150)

Step 4: Serve the District Attorney

The District Attorney's office must receive a copy of your petition. The court clerk can tell you how to serve them (usually certified mail or hand delivery).

Step 5: Attend Your Hearing

The court will schedule a hearing. The DA may object or may not appear at all.

Bring:

• All documents you filed
• Additional character references
• Government-issued ID

What to say:

• "Your Honor, I am [NAME]. I filed a petition for expungement on [DATE]."
• "My charges were [dismissed / I completed my sentence 5 years ago]."
• "Since then, I have [worked at X / completed Y / volunteered at Z]."
• "I am asking the court to expunge my record so I can [get a job / housing / etc.]."

Step 6: Get Your Order

If granted, get certified copies of the court order. You'll need to send copies to:

• Mississippi Highway Patrol (criminal records)
• The arresting agency
• The court clerk
• Any other agency that has your records

One Expungement Limit

Mississippi generally limits you to one expungement in your lifetime (with some exceptions). Use it wisely.

Exceptions to the one-expungement limit:

• Dismissed charges and acquittals don't count
• Multiple offenses from the same incident may be expunged together

What Expungement Does

✅ Records are physically destroyed or obliterated

✅ You can legally say you were never arrested or convicted

✅ The arrest/conviction won't appear on most background checks

✅ You may be eligible for more jobs, housing, and opportunities

What Expungement Does NOT Do:

❌ Law enforcement may retain limited records

❌ Federal agencies may still see the record

❌ Some professional licensing boards may still ask

❌ Does not restore gun rights in all cases

Timeline

Frequently Asked Questions

Q: How long do I have to wait?

A: 5 years after completing your sentence for most convictions. No wait for dismissed charges or acquittals.

Q: Can I expunge multiple offenses?

A: Generally only one expungement per lifetime, unless the offenses are from the same incident.

Q: Will this help me get a job?

A: Yes. Once expunged, the record won't appear on most employer background checks.

Q: What if the DA objects?

A: The judge will hear both sides and decide. Having strong rehabilitation evidence helps.

Legal Aid Resources

If you need free legal help:

• Mississippi Center for Legal Services: (601) 948-4755
• North Mississippi Rural Legal Services: (662) 234-8211
• South Mississippi Legal Services: (228) 864-5678
• LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

Disclaimer

This guide and the petition template are for informational purposes only and do not constitute legal advice. Laws change. For legal advice specific to your situation, contact a licensed attorney or the legal aid organizations above.

Not a law firm. Not your attorney. No attorney-client relationship exists.