Mississippi Expungement Guide
Expunge Your Mississippi Criminal Record
Mississippi law (Miss. Code Ann. § 99-19-71) allows expungement of certain criminal records, including many misdemeanors, some felonies, and non-conviction records. The 2020 amendments significantly expanded eligibility. Petitions are filed in the Circuit Court for the county where the conviction occurred.
Mississippi Expungement Eligibility — § 99-19-71
Non-Conviction Records (Acquittals / Dismissed)
Immediately eligibleIf charges were dismissed or you were found not guilty, you may petition for expungement immediately. There is no waiting period. You must not have pled guilty or no contest — only full acquittals and dismissals qualify for immediate expungement.
Misdemeanor Convictions (Non-DUI)
5 years after sentence completedAfter 5 years from completion of all sentencing requirements (including probation, fines, and restitution), most misdemeanor convictions can be expunged. You must not have been convicted of any other crime during the 5-year period.
First-Offender Deferred Adjudication
After successful completion of probationUnder § 99-19-71(2), if you were placed on first-offender probation and successfully completed it without a conviction being entered, you are entitled to an automatic expungement order. The court should enter it at the time of discharge from probation.
Certain Felony Convictions (2020 Expansion)
5 years after sentence completedThe 2020 amendments expanded eligibility to include certain non-violent felonies. Eligible felonies include: false pretenses, bad checks, embezzlement, malicious mischief, and possession of controlled substances. The petitioner must have no subsequent conviction.
DUI / Traffic Offense Convictions
Limited eligibility — see notesFirst-offense DUI (misdemeanor) may be eligible for expungement after 5 years in some circumstances. Consult the specific statute and an attorney, as DUI expungement rules have changed and vary by circumstances.
Sex Offenses / Violent Felonies
NOT eligibleConvictions for sex crimes, murder, manslaughter, armed robbery, kidnapping, arson, burglary of a dwelling, and similar serious crimes are categorically excluded from expungement under § 99-19-71(5).
How to File for Expungement in Mississippi
Obtain your Mississippi criminal history
Request a criminal history record from the Mississippi Department of Public Safety, Criminal Information Center. This costs $25 and shows all charges, case numbers, and dispositions. You need this to identify which cases are eligible.
Prepare the petition for expungement
Draft a Petition for Expungement addressed to the Circuit Court for the county where the conviction occurred (or where the charges were filed, for non-convictions). The petition must include: your full name, date of birth, case number, nature of the charge, date of conviction or dismissal, and a statement of grounds for relief under § 99-19-71.
File in Circuit Court
File the petition with the Circuit Court Clerk. Filing fees vary by county but are typically $50–100. In some counties, you must also pay a $50 fee to the Mississippi Highway Safety Patrol for record purging.
Serve the District Attorney
Serve a copy of the petition on the District Attorney for the circuit district where the case was prosecuted. The DA has 30 days to respond. For non-conviction expungements, the DA may consent; for conviction expungements, the DA may object.
Hearing
The Circuit Court schedules a hearing. For non-contested petitions, the hearing is typically brief. Bring evidence of your rehabilitation: employment, completion of probation, community service, and character references. For felony petitions especially, the strength of your rehabilitation showing matters significantly.
Order entered and records purged
The Circuit Court enters an Order of Expungement. Copies are sent to the Mississippi Highway Patrol, Department of Public Safety, and all relevant courts and law enforcement agencies. You may then lawfully deny the conviction in most employment and civil contexts.
Free Legal Help in Mississippi
Mississippi Center for Legal Services
601-948-6752
Free expungement assistance for qualifying low-income Mississippians in central and south Mississippi
North Mississippi Rural Legal Services
662-234-8731
Free legal help including expungement for low-income residents in north Mississippi
Mississippi Volunteer Lawyers Project
601-355-7313
Pro bono expungement clinics and referrals statewide
Magnolia Bar Association
magnoliabar.org
Referrals to African American attorneys in Mississippi for civil and criminal record matters
Clear Your Mississippi Record
Mississippi Expungement Documents
Get your Mississippi expungement petition, eligibility checklist, service instructions for the District Attorney, and plain-English guide to the Mississippi Circuit Court expungement process.
Get Expungement Documents — $47For informational purposes only. Not legal advice. Consult an attorney for your specific situation.
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