Mississippi
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
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, 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 (§ 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(5) 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
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.
More Mississippi Laws
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 excluded categories (crimes of violence, arson, trafficking, 3rd+ DUI, felon-in-possession, or sex offender registration failure), and you must have completed all sentence conditions at least five 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 a dismissed arrest, 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, allows expunction of most felony convictions after a five-year waiting period from sentence completion (a broad framework). Excluded felonies include crimes of violence (§ 97-3-2), first-degree arson, drug trafficking, a third or subsequent DUI, felon in possession of a firearm, and failure to register as a sex offender. Only one felony expunction is allowed per lifetime. Subsection (4) requires courts to expunge arrest records where charges were dropped or not prosecuted. 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 2019 HB 1352 (effective July 1, 2019), a person convicted of most felonies may petition for expunction five years after completing all sentence conditions. The ineligible categories are: crimes of violence under § 97-3-2, first-degree arson, drug trafficking under § 41-29-139(f), a third or subsequent DUI, felon in possession of a firearm under § 97-37-5, and failure to register as a sex offender under § 45-33-33. 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 five 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. 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 and arrests 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 or not prosecuted remains eligible for expunction under § 99-19-71(4).
What crimes cannot be expunged in Mississippi?
Under § 99-19-71(2)(a), the following 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(f), a third or subsequent DUI, felon in possession of a firearm, and failure to register as a sex offender. 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 five 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. It is available in felony and misdemeanor cases except those involving crimes against the person, crimes of violence under § 97-3-2, 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.
Sources and References
- Miss. Code § 99-19-71 (as broadly restructured by 2019 HB 1352, Miss. Laws 2019 ch. 466, effective July 1, 2019)(billstatus.ls.state.ms.us)
- Miss. Code § 99-19-71 (foundational felony expunction provision, 2013 HB 1043, effective July 1, 2013)(billstatus.ls.state.ms.us)
- Miss. Code § 99-15-26 (non-adjudication, as amended by 2019 SB 2237, effective July 1, 2019)(billstatus.ls.state.ms.us)