Mississippi Expungement Laws: Miss. Code § 99-19-71 Eligibility, Waiting Periods, and Exclusions

Mississippi permits expunction of most non-violent felony convictions after a five-year waiting period under Miss. Code § 99-19-71(2)(a), as broadly expanded by 2019 HB 1352, with a strict one-felony-per-lifetime limit. Eligibility is broader than many assume. A narrow list of seven specific offenses existed before July 1, 2019, but the current statute allows any felony conviction to be expunged unless it falls into one of the excluded categories.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers Mississippi state expungement law only. For a nationwide comparison, see Expungement Laws by State.

Misdemeanor Expunction Under § 99-19-71(1)

Any person 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 where the conviction was entered for an order to expunge that conviction from all public records (Miss. Code § 99-19-71(1)). The statute does not impose a separate waiting period beyond the completion of the sentence, though courts generally require that the sentence, including any probation or fines, be fully completed before granting relief. The requirement that the petitioner be a "first offender" means that a person with a prior conviction, even an older one, may be ineligible for the misdemeanor path. The court has discretion to grant the petition if it determines, on the record or in writing, that the applicant is rehabilitated from the offense; if the court denies the petition, its findings must be stated specifically, not generally. Traffic violations in any form are not eligible under this section, regardless of whether they resulted in a conviction.

Felony Expunction Under § 99-19-71(2)(a): Broad Framework Since July 1, 2019

Before July 1, 2019, Mississippi limited felony expunction to a narrow list of specific offenses. The 2019 criminal justice reform package enacted through HB 1352 (Miss. Laws 2019, ch. 466) fundamentally restructured § 99-19-71(2)(a) to allow expunction of most felony convictions. Under current law, a person who has been convicted of a felony and who has paid all criminal fines and costs of court may petition the court in which the conviction was had for an order to expunge one conviction from all public records five years after the successful completion of all terms and conditions of the sentence, including incarceration, probation, supervised release, and payment of all fines and restitution.

A person is not eligible to expunge a felony conviction in any of the following categories:

• Crimes of violence as defined in § 97-3-2 (including murder, rape, robbery, kidnapping, carjacking, burglary of a dwelling, and aggravated assault, among others)
• First-degree arson under §§ 97-17-1 and 97-17-3
• Trafficking in controlled substances under § 41-29-139(f)
• A third, fourth, or subsequent DUI offense
• Felon in possession of a firearm under § 97-37-5
• Failure to register as a sex offender under § 45-33-33
• Voyeurism under § 97-29-61
• Witness intimidation under § 97-9-113
• Abuse, neglect, or exploitation of a vulnerable person under § 43-47-19
• Embezzlement under §§ 97-11-25 and 97-23-19

These ten excluded categories reflect the current statute, last consolidated by Miss. Laws 2019, ch. 428, § 5, effective July 1, 2019, alongside the broader restructuring enacted the same year under ch. 466 (HB 1352). Felonies not in those excluded categories are eligible for expunction after five years. This includes drug possession or paraphernalia, bad check offenses, false pretense, larceny, malicious mischief, shoplifting, receiving stolen property, certain fraud offenses, and many others. A person is entitled to only one felony expunction during their lifetime. The petitioner must give ten days written notice to the district attorney before any hearing, and the court must make written or on-the-record findings if rehabilitation is found or the petition is denied.

Non-Adjudication Under § 99-15-26

Mississippi's non-adjudication statute, § 99-15-26, provides a path for certain defendants to avoid a conviction entirely. In all criminal cases, felony and misdemeanor, other than crimes against the person, crimes of violence under § 97-3-2, a violation of § 97-11-31 (embezzlement or fraud by a public officer or employee), and offenses involving unlawful misappropriation of public funds, a circuit or county court may, upon entry of a guilty plea, withhold acceptance of the plea and sentence pending the defendant's successful completion of court-imposed conditions. Those conditions may include restitution, up to 960 hours of community service, payment of fines, completion of drug, alcohol, or psychological treatment, and compliance with a period of good behavior not exceeding five years in circuit or county court, or two years in justice or municipal court (§ 99-15-26(2)). A person who has previously used the non-adjudication process is not eligible to use it again, and persons charged with drug trafficking under § 41-29-139(f) or violations of the Mississippi Implied Consent Law are categorically ineligible. When the defendant completes all conditions, the court directs that the case be dismissed (§ 99-15-26(4)), and that dismissed record is then eligible for expunction under § 99-19-71(4) on petition. Non-adjudication is not available for DUI under this section; those cases are governed separately by § 63-11-30.

Expunction of Arrests and Dismissed Charges Under § 99-19-71(4)

Under § 99-19-71(4), any person who was arrested but then released with the case dismissed, charges dropped, or no disposition entered may petition a justice, county, circuit, or municipal court for an order to expunge the arrest record. This provision is mandatory: the court shall expunge the record upon petition. There is no waiting period and no restriction based on the underlying charge. This means that even arrests for offenses that are otherwise excluded from conviction-based expunction, such as murder or rape, may be expunged if the charges were dropped or dismissed. Prosecutors retain the ability to keep non-public records for law enforcement purposes, but the public-facing record is removed. Individuals who completed a non-adjudication program under § 99-15-26 and had their case dismissed similarly qualify for this path.

Effect of Expunction and What Employers May Ask

Under § 99-19-71(3), an expunction order restores the person, in the eyes of the law, to the status they occupied before the arrest or conviction. A person with an expunged record may lawfully state on most employment applications that no such conviction occurred, and they are protected from perjury or false-statement liability for that response. However, two important exceptions apply. First, a nonpublic record is retained by the Mississippi Criminal Information Center to determine, in future proceedings, whether the person qualifies as a first offender. Second, despite the expunction, an employer is not prohibited from asking a prospective employee whether an expunction order has been entered on their behalf; the statute explicitly preserves this question (§ 99-19-71(3)). The expunged record may also be disclosed in camera if the person is called as a prospective juror and requests it, after which the court discloses the fact of the prior conviction and expunction to counsel before jury selection. Public officials cannot use § 99-19-71 to expunge any conviction that is related to their official duties (§ 99-19-71(5)).

Disclaimer: This article covers Mississippi expungement law as verified on May 29, 2026, based on Miss. Code § 99-19-71 and § 99-15-26 and related statutes, citing enacted legislation from the Mississippi Legislature (billstatus.ls.state.ms.us). Laws can change. This article is not legal advice and has not been reviewed by a licensed Mississippi attorney. Consult a licensed Mississippi criminal defense attorney before relying on any of the information here.

Sources

The statutory text and procedural details in this article come directly from enacted Mississippi legislation available through the Mississippi Legislature's Bill Status website (billstatus.ls.state.ms.us).

• Miss. Code § 99-19-71 (as broadly restructured by 2019 HB 1352, Miss. Laws 2019 ch. 466, effective July 1, 2019) - Mississippi Legislature
• Miss. Code § 99-19-71 (foundational felony expunction provision, 2013 HB 1043, effective July 1, 2013) - Mississippi Legislature
• Miss. Code § 99-15-26 (non-adjudication, as amended by 2019 SB 2237, effective July 1, 2019) - Mississippi Legislature

Related Articles

• Expungement Laws by State
• DUI Expungement by State: Which States Allow It
• How to Check If Your Record Has Been Expunged

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Content accurate as of May 29, 2026. Mississippi law is subject to change; verify current statutes through the Mississippi Legislature at billstatus.ls.state.ms.us or consult a licensed Mississippi attorney.

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