An expungement (Mississippi law calls it “expunction”) removes a criminal record from public view so that, for most purposes, it is treated as if the arrest, charge or conviction did not happen. Mississippi allows expungement in specific situations set out by statute.
Who may qualify
Under Miss. Code Ann. § 99-19-71, as it currently reads:
- Misdemeanors. A person convicted of a misdemeanor that is not a traffic violation, and who is a first offender, may petition the court where the conviction was entered to expunge it.
- One felony. A person convicted of one felony may petition to expunge it after waiting periods and conditions set by the statute. All criminal fines and court costs must be paid, the judge must find that you are rehabilitated, and some felonies cannot be expunged under this section, including crimes of violence, first-degree arson, drug trafficking, third or later DUI offenses, felon in possession of a firearm, failure to register as a sex offender, voyeurism, witness intimidation, abuse, neglect or exploitation of a vulnerable person, and embezzlement. Only one felony expunction is allowed.
- Arrests without a conviction. When a person was arrested or charged but the case was dismissed, the person was found not guilty, or no disposition was entered, the law provides that the record shall be expunged on petition.
The Legislature amends the expungement statute from time to time, including the waiting periods. We check the current version of the law and your full record before advising you. Other statutes also allow expunction in certain situations, such as after successful completion of a pretrial intervention or nonadjudication program.
How the process works
- We obtain your record and confirm which charges qualify.
- A petition is filed in the court where the case was handled.
- The district attorney receives at least ten days’ written notice before any hearing.
- The judge decides whether to grant the expunction.
What an expungement does
After an expunction, the record is generally restored to the status it had before the arrest or charge, and in most situations you are not required to disclose it. A non-public record is kept for limited purposes, such as deciding whether a person is a first offender in a later case, and an employer may still ask whether you have had an expunction. Public officials cannot expunge convictions related to their official duties.
Frequently asked questions
Can a felony be expunged in Mississippi?
Some can. Miss. Code Ann. § 99-19-71 allows a person convicted of one felony to petition for expunction after the statutory waiting period, but certain crimes, including crimes of violence and trafficking, are excluded. The waiting period has been changed by the Legislature, so we check the current version for your case.
What if my charge was dismissed?
If you were arrested or charged and the case was dismissed, you were found not guilty, or no disposition was entered, the statute provides that the record shall be expunged on petition.
Does the district attorney get notice?
Yes. The statute requires that the district attorney receive at least ten days’ notice of the petition.
Talk with a Jackson, Mississippi lawyer
Have questions about expungements? Call (601) 355-9600 (Monday–Friday, 9 a.m.–5 p.m.) or send us a message to arrange a confidential consultation.
Our only office: 355 S. State Street, Jackson, MS 39201, next to the Hinds County Chancery Courthouse. We serve clients throughout Jackson and central Mississippi.
This page provides general information, not legal advice. Every situation depends on its own facts, and reading this page does not create an attorney-client relationship.