As of July 1, 2019, Mississippi law allows for the expungement of one conviction from all public records five years after the successful completion of all terms and conditions of the sentence. Miss. Code. Section 99-19-71(2) (a). However, a person is not eligible to expunge a felony classified as:

• (i) A crime of violence as provided in Section 97-3-2;
• (ii) Arson, first degree as provided in Sections 97-17-1 and 97-17-3;
• (iii) Trafficking in controlled substances as provided in Section 41-29-139;
• (iv) A third, fourth or subsequent offense DUI as provided in Section 63-11-30(2)(c) and (2)(d);
• (v) Felon in possession of a firearm as provided in Section 97-37-5;
• (vi) Failure to register as a sex offender as provided in Section 45-33-33;
• (vii) Voyeurism as provided in Section 97-29-61;
• (viii) Witness intimidation as provided in Section 97-9-113;
• (ix) Abuse, neglect or exploitation of a vulnerable person as provided in Section 43-47- 19; or
• (x) Embezzlement as provided in Sections 97-11-25 and 97-23-19.

SO WHAT CAN BE EXPUNGED?

Misdemeanor Expungement of First Offense

In Mississippi: “Any person who has been convicted of a misdemeanor that is not a traffic violation, and who is a first-time offender, may petition the justice, county, circuit or municipal court in which the conviction was had for an order to expunge any such conviction from all public records.” Miss. Code. Ann. § 99-19-71.

In some instances, a person may seek the expungement of additional misdemeanor convictions obtained in justice court and municipal court.

Miss. Code Ann. § 9-11-15(3) and Miss. Code Ann. § 21-23-7(6) provide that upon prior notice to the prosecuting attorney and upon a showing in open court of (1) rehabilitation, (2) good conduct for a period of 2 years since the last conviction in any court and (3) that the best interest of society would be served, the court may, in its discretion, order the record of conviction of a person of any or all misdemeanors in that court expunged. Once the expungement is granted, the petitioner legally stands as though he had never been convicted of the said misdemeanor(s) and may lawfully so respond to any question of prior convictions.

Misdemeanor Expungement after Non-adjudication

When a misdemeanor charge has been non-adjudicated, Mississippi law provides that upon successful completion of court-imposed conditions, the charge is to be dismissed.  Upon dismissal, and in other circumstances, the law directs the Court to expunge the record upon petition to the Court.

Misdemeanor Expungement after Dismissal or Case Retired to File

Upon petition to the Court, Mississippi law requires the Court to expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of the case. Miss. Code Ann. § 99-19-71(4); Miss. Code Ann. § 21-23-7(13)

Misdemeanor Expungement of Minor in Possession Charge

In addition to expungement under one of the methods discussed above, a minor in possession or “MIP” conviction can be expunged in certain circumstances by separate statute “not sooner than one (1) year after the dismissal of the charge or completion of any sentence and/or payment of any fine.”  Miss. Code Ann. § 67-3-70(6).

Misdemeanor DUI Expungement

Any person convicted of a first offense DUI under Miss. Code Ann. § 63-11-30(2) or (3), who was not the holder of a commercial driver’s license or commercial learning permit at the time of the offense, may petition the Circuit Court of the county of conviction for an order to expunge the record of the conviction, at least five (5) years after the successful completion of all terms and conditions of the sentence imposed, if that person:

• (i) has successfully completed all terms and conditions of the sentence imposed for the conviction;
• (ii) did not refuse to submit to a test of his blood or breath;
• (iii) had a blood alcohol concentration tested below sixteen one-hundredths percent (.16%) if test results are available;
• (iv) has not been convicted of and does not have pending any other offense of driving under the influence;
• (v) has provided the court with justification as to why the conviction should be expunged; and
• (vi) has not previously had a non-adjudication or expunction of a violation of this section.

FELONY EXPUNGEMENT

Many felony charges can also be expunged – even after a guilty plea or conviction – and now with the July 1, 2019 revisions to Miss. Code Section 99-19-71(2) more felony convictions are now expungable. And like misdemeanors, any felony charge that was dismissed, not prosecuted or in which you were found not guilty can be expunged.

Expungement of Certain Felonies

Mississippi law allows for the expungement of one (1) conviction from all public records five (5) years after the successful completion of all terms and conditions of the sentence. Miss. Code. Section 99-19-71(2) (a). A person is not eligible to expunge a felony classified as:

• (i) A crime of violence as provided in Section 97-3-2;
• (ii) Arson, first degree as provided in Sections 97-17-1 and 97-17-3;
• (iii) Trafficking in controlled substances as provided in Section 41-29-139;
• (iv) A third, fourth or subsequent offense DUI as provided in Section 63-11-30(2) (c) and (2)(d);
• (v) Felon in possession of a firearm as provided in Section 97-37-5;
• (vi) Failure to register as a sex offender as provided in Section 45-33-33;
• (vii) Voyeurism as provided in Section 97-29-61;
• (viii) Witness intimidation as provided in Section 97-9-113;
• (ix) Abuse, neglect or exploitation of a vulnerable person as provided in Section 43-47-19; or
• (x) Embezzlement as provided in Sections 97-11-25 and 97-23-19.

The felonies considered crimes of violence include:

• (a) Driving under the influence as provided in Sections 63-11-30(5) and 63-11-30(12)(d);
• (b) Murder and attempted murder as provided in Sections 97-1-7(2), 97-3-19, 97-3-23 and 97-3-25;
• (c) Aggravated assault as provided in Sections 97-3-7(2)(a) and (b) and 97-3-7(4)(a);
• (d) Manslaughter as provided in Sections 97-3-27, 97-3-29, 97-3-31, 97-3-33, 97-3-35, 97-3-39, 97-3-41, 97-3-43, 97-3-45 and 97-3-47;
• (e) Killing of an unborn child as provided in Sections 97-3-37(2)(a) and 97-3-37(2)(b);
• (f) Kidnapping as provided in Section 97-3-53;
• (g) Human trafficking as provided in Section 97-3-54.1;
• (h) Poisoning as provided in Section 97-3-61;
• (i) Rape as provided in Sections 97-3-65 and 97-3-71;
• (j) Robbery as provided in Sections 97-3-73 and 97-3-79;
• (k) Sexual battery as provided in Section 97-3-95;
• (l) Drive-by shooting or bombing as provided in Section 97-3-109;
• (m) Carjacking as provided in Section 97-3-117;
• (n) Felonious neglect, abuse or battery of a child as provided in Section 97-5-39;
• (o) Burglary of a dwelling as provided in Sections 97-17-23 and 97-17-37;
• (p) Use of explosives or weapons of mass destruction as provided in Section 97-37-25;
• (q) Statutory rape as provided in Section 97-3-65(1), but this classification is rebuttable on hearing by a judge;
• (r) Exploitation of a child as provided in Section 97-5-33;
• (s) Gratification of lust as provided in Section 97-5-23; and
• (t) Shooting into a dwelling as provided in Section 97-37-29.

Felony Expungement after Non-adjudication or Pretrial Intervention or Diversion

Like misdemeanors, when a felony charge has been non-adjudicated, Mississippi law provides that upon successful completion of court-imposed conditions, the charge is to be dismissed. Upon dismissal, and in other circumstances, the law directs the Court to expunge the record upon petition to the Court.

Felony Expungement after Dismissal or Case Remanded or Passed to the File

Upon petition to the Court, Mississippi law requires the Court to expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of the case. Miss. Code Ann. § 99-19-71(4).

Relevant Statues and Code Sections

Miss. Code Section 99-19-71

Section 99-19-71 – Expunction of misdemeanor conviction of first offender upon petition; expunction of certain felony convictions upon petition

(1) Any person who has been convicted of a misdemeanor that is not a traffic violation, and who is a first offender, may petition the justice, county, circuit or municipal court in which the conviction was had for an order to expunge any such conviction from all public records.

(2) (a) [As amended by Laws, 2019, ch. 466, HB 1352,§ 34] Except as otherwise provided in this subsection, a person who has been convicted of a felony and who has paid all criminal fines and costs of court imposed in the sentence of conviction may petition the court in which the conviction was had for an order to expunge one (1) conviction from all public records five (5) years after the successful completion of all terms and conditions of the sentence for the conviction upon a hearing as determined in the discretion of the court; however, a person is not eligible to expunge a felony classified as: (i) A crime of violence as provided in Section 97-3-2; (ii) Arson, first degree as provided in Sections 97-17-1 and 97-17-3; (iii) Trafficking in controlled substances as provided in Section 41-29-139; (iv) A third, fourth or subsequent offense DUI as provided in Section 63-11-30(2)(c) and (2)(d); (v) Felon in possession of a firearm as provided in Section 97-37-5; (vi) Failure to register as a sex offender as provided in Section 45-33-33; (vii) Voyeurism as provided in Section 97-29-61; (viii) Witness intimidation as provided in Section 97-9-113; (ix) Abuse, neglect or exploitation of a vulnerable person as provided in Section 43-47-19; or (x) Embezzlement as provided in Sections 97-11-25 and 97-23-19.

A person is eligible for only one (1) felony expunction under this paragraph. For the purposes of this section, the terms “one (1) conviction” and “one (1) felony expunction” mean and include all convictions that arose from a common nucleus of operative facts as determined in the discretion of the court.

(a) [As amended by Laws, 2019, ch. 428, HB 940,§ 5] Any person who has been convicted of one (1) of the following felonies may petition the court in which the conviction was had for an order to expunge one (1) conviction from all public records five (5) years after the successful completion of all terms and conditions of the sentence for the conviction: a bad check offense under Section 97-19-55; possession of a controlled substance or paraphernalia under Section 41-29-139(c) or (d); false pretense under Section 97-19-39; larceny under Section 97-17-41; larceny of consigned motor fuels under Section 4 of this act; malicious mischief under Section 97-17-67; or shoplifting under Section 97-23-93. A person is eligible for only one (1) felony expunction under this paragraph. (b) The petitioner shall give ten (10) days’ written notice to the district attorney before any hearing on the petition. In all cases, the court wherein the petition is filed may grant the petition if the court determines, on the record or in writing, that the applicant is rehabilitated from the offense which is the subject of the petition. In those cases where the court denies the petition, the findings of the court in this respect shall be identified specifically and not generally.

 (3) Upon entering an order of expunction under this section, a nonpublic record thereof shall be retained by the Mississippi Criminal Information Center solely for the purpose of determining whether, in subsequent proceedings, the person is a first offender. The order of expunction shall not preclude a district attorney’s office from retaining a nonpublic record thereof for law enforcement purposes only. The existence of an order of expunction shall not preclude an employer from asking a prospective employee if the employee has had an order of expunction entered on his behalf. The effect of the expunction order shall be to restore the person, in the contemplation of the law, to the status he occupied before any arrest or indictment for which convicted. No person as to whom an expunction order has been entered shall be held thereafter under any provision of law to be guilty of perjury or to have otherwise given a false statement by reason of his failure to recite or acknowledge such arrest, indictment or conviction in response to any inquiry made of him for any purpose other than the purpose of determining, in any subsequent proceedings under this section, whether the person is a first offender. A person as to whom an order has been entered, upon request, shall be required to advise the court, in camera, of the previous conviction and expunction in any legal proceeding wherein the person has been called as a prospective juror. The court shall thereafter and before the selection of the jury advise the attorneys representing the parties of the previous conviction and expunction.

 (4) Upon petition therefor, a justice, county, circuit or municipal court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case, or the person was found not guilty at trial.

 (5) No public official is eligible for expunction under this section for any conviction related to his official duties.

Miss. Code § 99-19-71

Laws, 1986, ch. 412; Laws, 1987, ch. 380, § 2; Laws, 1996, ch. 454, § 5; Laws, 2003, ch. 557, § 4; Laws, 2010, ch. 460, § 1, eff. 7/1/2010.

Amended by Laws, 2019, ch. 466, HB 1352,§ 34, eff. 7/1/2019.

Amended by Laws, 2019, ch. 428, HB 940,§ 5, eff. 7/1/2019.

Amended by Laws, 2015, ch. 448, HB 1267, 2, eff. 7/1/2015.

Amended by Laws, 2013, ch. 557, HB 1043, 1, eff. 7/1/2013.

Miss. Code Section 99-15-26. Dismissal of action upon successful completion of certain court-imposed conditions

 (1) (a) In all criminal cases, felony and misdemeanor, other than crimes against the person, a crime of violence as defined in Section 97-3-2 or a violation of Section 97-11-31, the circuit or county court shall be empowered, upon the entry of a plea of guilty by a criminal defendant made on or after July 1, 2014, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.

(b) In all misdemeanor criminal cases, other than crimes against the person, the justice or municipal court shall be empowered, upon the entry of a plea of guilty by a criminal defendant, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.

(c) Notwithstanding paragraph (a) of this subsection (1), in all criminal cases charging a misdemeanor of domestic violence as defined in Section 99-3-7(5), a circuit, county, justice or municipal court shall be empowered, upon the entry of a plea of guilty by the criminal defendant, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.

(d) No person having previously qualified under the provisions of this section shall be eligible to qualify for release in accordance with this section for a repeat offense. A person shall not be eligible to qualify for release in accordance with this section if charged with the offense of trafficking of a controlled substance as provided in Section 41-29-139(f) or if charged with an offense under the Mississippi Implied Consent Law. Violations under the Mississippi Implied Consent Law can only be nonadjudicated under the provisions of Section 63-11-30.

(2) (a) Conditions which the circuit, county, justice or municipal court may impose under subsection (1) of this section shall consist of:

(i) Reasonable restitution to the victim of the crime.

(ii) Performance of not more than nine hundred sixty (960) hours of public service work approved by the court.

(iii) Payment of a fine not to exceed the statutory limit.

(iv) Successful completion of drug, alcohol, psychological or psychiatric treatment, successful completion of a program designed to bring about the cessation of domestic abuse, or any combination thereof, if the court deems treatment necessary.

(v) The circuit or county court, in its discretion, may require the defendant to remain in the program subject to good behavior for a period of time not to exceed five (5) years. The justice or municipal court, in its discretion, may require the defendant to remain in the program subject to good behavior for a period of time not to exceed two (2) years.

(b) Conditions which the circuit or county court may impose under subsection (1) of this section also include successful completion of an effective evidence-based program or a properly controlled pilot study designed to contribute to the evidence-based research literature on programs targeted at reducing recidivism. Such program or pilot study may be community based or institutionally based and should address risk factors identified in a formal assessment of the offender’s risks and needs.

(3) When the court has imposed upon the defendant the conditions set out in this section, the court shall release the bail bond, if any.

(4) Upon successful completion of the court-imposed conditions permitted by subsection (2) of this section, the court shall direct that the cause be dismissed and the case be closed.

(5) Upon petition therefor, the court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.