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

Mississippi permits expunction of most non-violent felony convictions after a three-year waiting period under Miss. Code § 99-19-71(2)(a), shortened from five years by 2026 HB 1546 (Miss. Laws 2026, ch. 430) effective July 1, 2026, 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 September 1, 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 three 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. That waiting period was five years until 2026 HB 1546 (Miss. Laws 2026, ch. 430) shortened it to three years effective July 1, 2026.

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
• 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
• Felony procuring prostitution under § 97-29-51
• Promoting prostitution under § 97-29-51

These twelve excluded categories reflect the current statute. The last two were added by 2026 HB 1546 (Miss. Laws 2026, ch. 430), effective July 1, 2026, the same bill that shortened the waiting period; the preceding ten were 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 three 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. With only one felony expunction per lifetime, ask a Mississippi criminal defense attorney for a free consultation to confirm eligibility before the petition is prepared (attorney advertising).

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, or who was found not guilty at trial, may petition a justice, county, circuit, or municipal court for an order to expunge the record of that case. 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 or the person was acquitted at trial. 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 September 1, 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 amended by 2026 HB 1546, Miss. Laws 2026, ch. 430, effective July 1, 2026: felony waiting period shortened to three years, prostitution offenses added to the excluded list) - Mississippi Legislature
• 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 September 1, 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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Frequently Asked Questions

How do you expunge your record in Mississippi?

File a petition for expunction in the court where the conviction or arrest occurred under Miss. Code § 99-19-71. For a felony conviction, you must not fall into one of the twelve excluded categories (crimes of violence, first-degree arson, drug trafficking, a third or subsequent DUI, felon in possession of a firearm, failure to register as a sex offender, voyeurism, witness intimidation, abuse, neglect, or exploitation of a vulnerable person, embezzlement, felony procuring prostitution, or promoting prostitution), and you must have completed all sentence conditions at least three years before filing. Give ten days written notice to the district attorney. The court holds a hearing and may grant the petition upon finding rehabilitation. For an arrest where the case was dismissed, the charges were dropped, no disposition was entered, or the person was found not guilty at trial, the court must grant the petition under § 99-19-71(4) with no waiting period.

What does Miss. Code § 99-19-71 say?

Miss. Code § 99-19-71 is the main Mississippi expunction statute. Subsection (1) allows first-offender misdemeanor expunction for non-traffic convictions. Subsection (2)(a), as restructured by 2019 HB 1352 and HB 940 and amended by 2026 HB 1546, allows expunction of most felony convictions after a three-year waiting period from sentence completion (a broad framework); that period was five years before July 1, 2026. Excluded felonies are crimes of violence (§ 97-3-2), first-degree arson, drug trafficking, a third or subsequent DUI, felon in possession of a firearm, failure to register as a sex offender, voyeurism, witness intimidation, abuse, neglect, or exploitation of a vulnerable person, embezzlement, felony procuring prostitution, and promoting prostitution. Only one felony expunction is allowed per lifetime. Subsection (4) requires courts to expunge the record of a case where the charges were dropped or not prosecuted, no disposition was entered, or the person was found not guilty at trial. Subsection (5) bars public officials from expunging convictions related to their duties.

Can a felony be expunged in Mississippi?

Yes, in most cases involving non-violent felonies. Under § 99-19-71(2)(a) as amended by 2026 HB 1546 (effective July 1, 2026), a person convicted of most felonies may petition for expunction three years after completing all sentence conditions; the waiting period was five years under the 2019 amendments (HB 1352 and HB 940). The ineligible categories are: crimes of violence under § 97-3-2, first-degree arson, drug trafficking under § 41-29-139, a third or subsequent DUI, 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, felony procuring prostitution under § 97-29-51, and promoting prostitution under § 97-29-51. Only one felony expunction is allowed per lifetime. Before July 1, 2019, the law was far more restrictive, limiting eligibility to a short list of specific offenses.

What is the Mississippi expungement waiting period?

For felony expunction under Miss. Code § 99-19-71(2)(a), the waiting period is three years after the successful completion of all terms and conditions of the sentence, including any incarceration, probation, supervised release, and payment of fines and restitution. It was five years until 2026 HB 1546 shortened it, effective July 1, 2026. For misdemeanor expunction under § 99-19-71(1), the statute does not specify a waiting period beyond sentence completion; courts typically require that all sentence obligations be satisfied before a petition is considered. For dismissed charges, arrests with no disposition, and cases ending in a not-guilty verdict under § 99-19-71(4), there is no waiting period.

How long does it take to get an expungement in Mississippi?

Mississippi does not set a statutory deadline for courts to act on expunction petitions. After the petition is filed and ten days notice is given to the district attorney, the court schedules a hearing. Timeline varies by court and county, but petitioners commonly report a process of several weeks to a few months from filing to a final order. After the order is entered, agencies receiving certified copies must update their records, which can take additional weeks.

Does Mississippi expunge DUI convictions?

A first or second DUI conviction may be eligible for expunction under Miss. Code § 99-19-71(2)(a), since the excluded categories only bar a third, fourth, or subsequent DUI offense. A third or subsequent DUI cannot be expunged. Non-adjudication for DUI under § 99-15-26 is unavailable because the statute bars cases under the Mississippi Implied Consent Law; DUI non-adjudication is governed separately by § 63-11-30. A DUI arrest that was dismissed, not prosecuted, or that ended in a not-guilty verdict at trial remains eligible for expunction under § 99-19-71(4).

What crimes cannot be expunged in Mississippi?

Under § 99-19-71(2)(a), the following twelve felony categories are ineligible for expunction: crimes of violence as defined in § 97-3-2 (including murder, rape, robbery, kidnapping, carjacking, burglary of a dwelling, and aggravated assault), first-degree arson, trafficking in controlled substances under § 41-29-139, a third or subsequent DUI, felon in possession of a firearm, failure to register as a sex offender, voyeurism, witness intimidation, abuse, neglect, or exploitation of a vulnerable person, embezzlement, felony procuring prostitution, and promoting prostitution. The last two were added effective July 1, 2026. Public officials cannot expunge any conviction related to their official duties. Misdemeanor traffic convictions are also ineligible. Any felony that falls into those categories cannot be expunged, but most other non-violent felonies are eligible after three years.

What is non-adjudication in Mississippi?

Non-adjudication under Miss. Code § 99-15-26 allows a court to withhold acceptance of a guilty plea and defer sentencing while the defendant completes court-ordered conditions such as community service, treatment, or a period of good behavior up to five years in circuit or county court (two years in justice or municipal court). It is available in felony and misdemeanor cases except those involving crimes against the person, crimes of violence under § 97-3-2, a violation of § 97-11-31, and public funds offenses. On successful completion, the case is dismissed. A person may not use non-adjudication more than once, and drug trafficking and DUI cases under the Implied Consent Law are ineligible. After dismissal, the record is expungeable under § 99-19-71.