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 eligible

If 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 completed

After 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 probation

Under § 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 completed

The 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 notes

First-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 eligible

Convictions 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

1

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.

2

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.

3

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.

4

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.

5

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.

6

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 — $47

For informational purposes only. Not legal advice. Consult an attorney for your specific situation.

Related Resources