Mississippi

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted are eligible for expungement or vacating in some situations. In most instances, you have to file a petition in court to start the process.

With certain exceptions, if you were convicted of a first-time offender misdemeanor in municipal court before you were 23, the record can be expunged after you complete your sentence. It is up to the judge whether or not to grant your petition.
If you were convicted of any offense in municipal court, the record can be expunged two years after the last conviction. You likely do not have to file a petition in court to start the process, but it is up to the judge whether or not to expunge the record.
With certain exceptions, if you were convicted of a first-time offender misdemeanor, the record can be expunged after you complete your sentence. It is up to the judge whether or not to grant your petition.
With certain exceptions, if you were convicted of one qualifying felony, the record can be expunged five years after you complete your sentence. It is up to the judge whether or not to grant your petition.
If you were convicted of underage purchase or possession of alcohol, the record can be expunged one year after you complete your sentence. If you meet the criteria, the judge has to grant your petition.
If you were convicted of a first-time offense for driving under the influence, the record can be expunged five years after you complete your sentence, unless you had a learner’s permit or commercial driver’s license at the time of the offense. It is up to the judge whether or not to grant your petition.
If you were convicted of any crime under the Mississippi Human Trafficking Act because you were the victim of human trafficking, your conviction can be vacated immediately. It is up to the judge whether or not to grant your petition.
If you were the victim of identity theft, and someone used your name in committing a crime, the record can be expunged immediately. You have to file a petition to the court to start the process.

If you successfully completed a diversion or deferral program, the record can be expunged in some situations.

With certain exceptions, if your case was dismissed after you successfully completed court-imposed conditions, the record can be expunged immediately. You have to file a petition in court to start the process, and if you meet the criteria, the judge has to grant your petition.
With certain exceptions, if you successfully completed a pre-trial intervention program, the record can be expunged immediately. You have to file a petition in court to start the process, and if you meet the criteria, the judge has to grant your petition.
With certain exceptions, if your case was dismissed after you successfully completed a drug court program, the record should be expunged immediately.

Adult criminal records for arrests for which you were never convicted are eligible for expungement in some situations.

If you were arrested for a misdemeanor but no charges were filed, the record can be expunged one year after the arrest. You have to file a petition in court to start the process, and if you meet the criteria, the judge has to grant your petition.
Records relating to any charge can be expunged by the court upon dismissal or acquittal. You have to file a petition in court to start the process, and if you meet the criteria, the judge has to grant your petition.
In a municipal court case, if the charges are dropped or dismissed, the record should be expunged immediately.

Adult Criminal Record Clearance Policies

Convictions

Records relating to one qualifying felony conviction can be expunged by the court five years after sentence completion. Miss. Code Ann. § 99-19-71(2)(a).
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Records relating to misdemeanor convictions can be expunged by the municipal court two years after the last conviction upon a showing of rehabilitation and good conduct. Miss. Code Ann. § 21-23-7(6).
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Records relating to a conviction for purchasing or possessing alcohol under age 21 can be expunged by the court one year after sentence completion. Miss. Code Ann. § 67-3-70(6).
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Records relating to a first-time conviction for driving under the influence can be expunged by the court five years after sentence completion, so long as the petitioner did not have a commercial driver's license or learning permit at the time of the offense. Miss. Code Ann. § 63-11-30(13).
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Records relating to a conviction under this act can be vacated by the court if it finds that the defendant's participation in the offense was the result of being a victim of human trafficking. Miss. Code Ann. § 97-3-54.6(5).
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Records relating to a first-time misdemeanor conviction that is not a traffic violation can be expunged by the court after sentence completion. Miss. Code Ann. § 99-19-71(1).
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Records relating to a first-time misdemeanor offense conviction in a municipal court can be expunged if the petitioner was under 23 years old at the time of the conviction. Miss. Code Ann. § 21-23-7(7).
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Diversion/Deferral Program

Records of a case for which a person successfully fulfilled a mental health court order and other requirements of probation or suspension of sentence are expunged by the court. Miss. Code Ann. § 9-27-19.
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Records of a case dismissed after the successful completion of court-imposed conditions can be expunged by the court. Miss. Code Ann. § 99-15-26.
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Records of a case with a noncriminal disposition following the successful completion of a pretrial intervention program can be expunged by the court. Miss. Code Ann. § 99-15-123.
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Records of a case dismissed following the successful completion of a drug court program will be expunged. However, no expungement of any implied consent violation is allowed. Miss. Code Ann. § 9-23-23.
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Factual Innocence

Records of an arrest and conviction naming an identity theft victim as the perpetrator of a crime can be expunged by the court. Miss. Code Ann. § 97-45-27.
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Non-Conviction Arrests

Records relating to a misdemeanor offense for which no charges were filed, or the charge did not result in prosecution, can be expunged by the court 12 months after the arrest or citation. Miss. Code Ann. §§ 99-15-59, 99-19-71(4).
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Records relating to any charge can be expunged by the court upon dismissal, acquittal, or a finding of not guilty at trial. Miss. Code Ann. § 99-19-71(4).
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Records of a case where the charges are dropped or dismissed, there is no disposition, or the person is found not guilty at trial will be expunged by the municipal court judge. Miss. Code Ann. § 21-23-7(13).
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Juvenile Record Clearance Overview

Court Records

Below is a general overview of when juvenile records can be sealed or destroyed in Mississippi. Please note that the Clean Slate Clearinghouse does not provide legal advice.

Read the legal policies and statutes for detailed statutory information.

Juvenile Record Clearance Policies Overview

Most juvenile records can be sealed.

If your case was dismissed or the adjudication (conviction) was set aside, your record can be sealed at any time. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.
If you were adjudicated (found guilty), your record can be sealed after you turn 20. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.

You can submit a request to the court to have your juvenile records destroyed at any time, but it is up to the judge whether or not to grant your request.

Most juvenile sex offense cases cannot be sealed or destroyed.

Find a Lawyer

If you think you might be eligible to have your record sealed or destroyed, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.

Juvenile Record Clearance Policies

Court Records and Law Enforcement Records

Records relating to matters that the youth court dismissed or set aside may be sealed. Miss.Code Ann. § 43-21-263(1)(b), (c).
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Records relating to any youth court matters can be sealed so long as the person has reached 20 years of age. Miss. Code Ann. § 43-21-263(1)(a).
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Records relating to any youth court matters can be destroyed. Miss. Code Ann. § 43-21-265.
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Find A Lawyer

Legal service providers located in the state.

Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

Mississippi Center for Justice

Service area: Statewide

Court Forms & Resources

Mississippi: Economic Justice – Expungement Services