A criminal record in Mississippi can affect employment, housing, licensing, education, and reputation. For people who qualify, expungement removes qualifying records from public view and restores important legal status. The key word is qualify. Mississippi expungement is statutory, and each statute has its own eligibility rules.
The Short Answer
Mississippi has several expungement and nonadjudication statutes. The most commonly discussed are Miss. Code Ann. § 99-19-71 for expunction of certain misdemeanor and felony convictions, Miss. Code Ann. § 99-15-26 for certain nonadjudication/dismissal situations, and Miss. Code Ann. § 63-11-30 for DUI nonadjudication and first-offense DUI expunction. The first step is identifying the exact charge, court, disposition, date, and criminal history. The statute that applies controls the result.
1. What Expungement Does
An expungement order removes qualifying records from public view and restores the person, in the contemplation of the law, to the status occupied before the arrest or indictment for which the conviction was expunged. Miss. Code Ann. § 99-19-71(3).
That does not mean every trace disappears for every purpose. Mississippi law allows certain nonpublic records to be retained for limited purposes, and employers may ask whether an expungement order has been entered. Licensing boards, law enforcement, immigration authorities, and federal agencies may have separate rules. The answer to disclosure questions depends on the question being asked.
2. Misdemeanor Expungement Under § 99-19-71
Miss. Code Ann. § 99-19-71(1) allows a first offender convicted of a misdemeanor that is not a traffic violation to petition the justice, county, circuit, or municipal court where the conviction occurred for an order expunging that conviction from public records.
This is more precise than saying "most misdemeanors are eligible after a waiting period." For the general misdemeanor-conviction provision, the statute focuses on first-offender status and excludes traffic violations. Other statutes may provide separate relief for certain municipal or justice court matters, dismissals, or nonadjudications.
3. Felony Expungement Under § 99-19-71
Mississippi also allows expungement of one qualifying felony conviction under Miss. Code Ann. § 99-19-71(2), five years after successful completion of all terms and conditions of the sentence, if all criminal fines and costs have been paid.
The statute excludes multiple categories, including crimes of violence under § 97-3-2, first-degree arson, trafficking in controlled substances, third/fourth/subsequent DUI, felon in possession of a firearm, failure to register as a sex offender, voyeurism, witness intimidation, abuse/neglect/exploitation of a vulnerable person, and embezzlement under specified statutes.
The petitioner must give 10 days' written notice to the district attorney before a hearing on a felony expungement petition, and the court must determine that the applicant is rehabilitated.
4. Dismissals, Dropped Charges, No Disposition, and Acquittals
Miss. Code Ann. § 99-19-71(4) provides that, upon petition, a justice, county, circuit, or municipal court shall expunge the record of a case in which an arrest was made and the person was released and the case was dismissed, the charges were dropped, there was no disposition, or the person was found not guilty at trial.
This category is often more straightforward than conviction expungement because the person was not convicted. Still, the petition must be filed in the right court and must identify the correct arrest and case information.
5. Nonadjudication Under § 99-15-26
Miss. Code Ann. § 99-15-26 allows certain courts, in qualifying cases, to withhold acceptance of a guilty plea and sentence while the defendant completes court-imposed conditions. If the conditions are successfully completed, the court directs that the case be dismissed and closed; upon petition, the record may be expunged.
The statute excludes important categories, including crimes against the person, crimes of violence, certain public-office/funds offenses, repeat qualification under the statute, trafficking charges, and charges under Mississippi's Implied Consent Law. DUI nonadjudication is handled under Miss. Code Ann. § 63-11-30, not § 99-15-26.
6. DUI Nonadjudication and DUI Expunction
A first-offense Mississippi DUI has its own statutory rules.
Nonadjudication. Miss. Code Ann. § 63-11-30(14) allows certain first-time DUI offenders to enter a nonadjudication program. Eligibility includes one-time use only, no commercial driver's license or commercial learner's permit at the time of the offense, no prior conviction and no pending former or subsequent DUI charge under § 63-11-30, and justification for why nonadjudication is appropriate.
Expunction after conviction. Miss. Code Ann. § 63-11-30(13) allows certain people convicted of a first-offense DUI to petition for expunction at least five years after successful completion of all sentence terms. The statute includes additional requirements, including that the person did not refuse a blood or breath test and that the person's BAC tested below .16 if test results are available.
Do not mix these up. Nonadjudication is a pre-conviction track. DUI expunction under § 63-11-30(13) is relief after a qualifying conviction.
7. The Petition Process
The petition is filed in the court that handled the case. A proper petition should:
- Identify the charge, arrest, court, and disposition
- Cite the correct statute
- Show completion of all sentence terms
- Show payment of fines and costs where required
- Show that any waiting period has passed
- Address prior criminal history and statutory exclusions
- Attach supporting records when available
For felony petitions, notice to the district attorney is required. For other petitions, local practice may still require notice or a hearing.
8. After the Order
After the court signs the order, the order must be sent to the relevant agencies and record repositories. Public records may not update instantly. Court databases, MDPS, local law-enforcement records, and commercial background-check vendors operate on different timelines.
If a commercial background check continues to show an expunged record, the person may need to send the expungement order to the vendor and request correction.
9. Why It Is Worth Doing
For people who qualify, expungement can materially improve employment, housing, education, and licensing opportunities. The cost of seeking relief is usually modest compared with the long-term burden of a public criminal record.
The hard part is eligibility. A petition filed under the wrong statute or before the waiting period expires can be denied and may need to be corrected and refiled.
Get a Consultation
Sheppard Law Firm represents Mississippi residents seeking expungement, nonadjudication, and related criminal-record relief. Call 601-688-4110 or contact us online to discuss whether your record is eligible.
Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice. Every case is different. Eligibility for expungement under Mississippi law depends on the specific charge and the petitioner's history. Contact Sheppard Law Firm to discuss your specific situation.