Erase Past Mistakes: Mississippi Record Expungement

What Is Expungement in Mississippi?

Expungement is a court order that removes specified criminal records from public view. If granted, the court directs agencies to update their records, and the information is generally no longer available to the public or most private background checks. Law enforcement and certain government/licensing bodies may still access the information for limited purposes. See Miss. Code Ann. § 99-19-71.

Who May Be Eligible

Eligibility depends on the statute and the outcome of your case. Mississippi law permits expungement in several circumstances, including:

• Arrests/cases not resulting in conviction (e.g., dismissals, nolle prosequi, acquittals) — typically expungeable under § 99-19-71.
• Certain first-offense misdemeanor convictions — see § 99-19-71.
• Successful nonadjudication/diversion — if you completed a court-approved nonadjudication, the case may be dismissed and expunged. See § 99-15-26.
• Certain nonviolent felony convictions — relief is limited by § 99-19-71 and exclusions for violent crimes (see § 97-3-2 for the state’s crimes of violence list).
• Some first-offense DUI convictions — tightly limited and only if specific conditions are met after a waiting period. See § 63-11-30.

Important: Not all offenses qualify. Violent crimes, many sex offenses, and other specified offenses are excluded. Waiting periods and completion of all court-ordered terms (fines, fees, restitution, probation) are common prerequisites.

Records That May Be Expunged

Depending on your facts and the governing statute, the following are often eligible:

• Arrests and charges that did not lead to a conviction (dismissed, not prosecuted, or acquitted) — § 99-19-71.
• Certain first-offense misdemeanor convictions — § 99-19-71.
• Successful nonadjudications/diversions — § 99-15-26.
• Some nonviolent felony convictions, subject to statutory limits and exclusions — § 99-19-71 and § 97-3-2.
• Narrowly defined first-offense DUI circumstances — § 63-11-30.

The court’s power is limited to what Mississippi statutes permit.

What an Expungement Does — and Does Not — Do

Upon entry of an expungement order, courts and agencies are directed to update their records, and the Mississippi Criminal Information Center is notified to update state databases. See § 45-27-9. Standard public background checks generally should not show the expunged record.

However:

• Law enforcement and some licensing/government agencies may still access expunged information. See § 99-19-71.
• It does not automatically resolve federal immigration issues.
• It does not, by itself, restore firearm rights restricted by other laws; separate relief may be required. See § 97-37-5.
• Private background databases can lag; keep a certified copy of your expungement order to help correct outdated reports.

The General Process

Most expungements begin by filing a petition in the court that handled your case (justice or municipal court for many misdemeanors; circuit court for felonies). You must usually give notice to the prosecutor, attach required documents, and, in some matters, attend a hearing. The judge determines eligibility under the statute and whether granting the petition is in the interests of justice. If granted, the court issues an order directing agency updates. See generally § 99-19-71 and § 99-15-26.

Documents and Information to Gather

• Case numbers, arrest dates, charging documents
• Final judgments or dismissal orders
• Proof you completed probation/programs and paid fines/fees/restitution
• Government-issued ID
• Certified copies from the clerk to speed review

Some courts have local forms; others require a drafted petition citing the applicable statute.

Costs and Fees

Expect court filing fees and costs for certified records/service. For expungements of certain convictions, state law also imposes an expunction administrative fee (currently $150) paid to the Mississippi Criminal Information Center. See § 99-19-72. Fee amounts and any waivers can vary by court and case type; confirm current costs with the clerk before filing.

Timing Considerations

Eligibility often requires completing all sentencing terms. Some categories also have waiting periods. For example, expungement of a first-offense DUI conviction is available only if specific conditions are met after a waiting period (generally five years). See § 63-11-30. Processing times vary by county and agency workload, so plan ahead if you need relief before job or housing applications.

Background Checks After Expungement

After the order issues, state databases and private screeners may take time to update. You can request your own background report to verify changes. If a report incorrectly shows an expunged case, dispute it with the reporting company and include your court order. See your rights under the Fair Credit Reporting Act via the CFPB: consumerfinance.gov/learnmore/fcra.

Common Pitfalls

• Filing in the wrong court or under the wrong statute
• Missing certified documents or incomplete case information
• Unpaid fines, fees, or restitution
• Ineligible offense types or multiple disqualifying convictions
• Failure to provide required notice to the prosecutor
• Assuming expungement fixes immigration, licensing, or firearm issues without separate legal steps

How a Lawyer Can Help

An attorney can evaluate eligibility under § 99-19-71, § 99-15-26, § 63-11-30, and related laws; prepare a tailored petition; coordinate with the prosecutor; present evidence at a hearing; and advise on collateral consequences and next steps if relief is denied.

Next Steps

• Gather your court paperwork and ID
• List every arrest and case with locations and dates
• Call the clerk where your case was handled to confirm local filing requirements
• Consider a legal consultation to confirm eligibility and strategy

Ready to talk through your options? Contact us.

FAQ

Does an expungement erase my record completely?

It removes the record from public view, but law enforcement and certain government or licensing agencies may still access it.

How many expungements can I get in Mississippi?

It depends on the statute and your history. Some categories are limited to first offenses. A case-specific review is required.

Can I deny an expunged arrest or conviction on job applications?

Generally you may state that the matter was expunged, but follow any instructions on the application and be truthful where government or sensitive positions are involved.

Will an expungement restore my gun rights?

No. Firearm rights are governed by separate laws and may require additional relief. See § 97-37-5.

How long does the process take?

Timelines vary by county and agency workload. Expect weeks to a few months in many cases.

What if a background report still shows my expunged case?

Dispute the error with the screening company and include your court order. See your FCRA rights at consumerfinance.gov/learnmore/fcra.

Where do I file?

Generally in the court that handled your case: justice or municipal court for many misdemeanors, and circuit court for felonies.

Do I need a lawyer?

Not required, but counsel can reduce errors and speed resolution, especially for felony matters.

What does it cost?

Expect court filing fees, record costs, potential service fees, and for some convictions a $150 state administrative fee under § 99-19-72. Attorney fees are separate.

Is this legal advice?

No. This is general Mississippi information. For advice on your situation, consult a licensed Mississippi attorney or contact us.

Mississippi-Specific Notice

This page summarizes Mississippi state law only and is updated as of the date at the top. Statutes are subject to change, and outcomes depend on your facts. Reading this page does not create an attorney-client relationship. For advice about your situation, consult a licensed Mississippi attorney or contact us.