Mississippi: Adult Convictions (MS-C-1)

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).

Record Detail(s)

Youthful offense

Misdemeanor

First offense

Previous Conviction Disqualifying

Yes, all

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Traffic violations are ineligible for expungement under this section. Miss. Code Ann. § 21-23-7(7).

Procedure General

Petition must be filed in the court where the conviction occurred. For the specific procedure, see Miss. Code Ann. §§ 21-23-7(7), 99-19-71.

Fees

There is a $150 filing fee per petition filed. Miss. Code Ann. § 99-19-72.

Effect

The person is restored, in the contemplation of the law, to pre-arrest status, with certain exceptions. An employer can ask a prospective employee if they have had a record expunged. Miss. Code Ann. § 99-19-71(3).

Waiting Periods

There is no statutory language regarding a waiting period.

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