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Mississippi: Adult Non-Conviction Arrests (MS-NC-1)

Mississippi: Adult Non-Conviction Arrests (MS-NC-1)

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).
Record Detail(s)
Charges not filed
Previous Conviction Disqualifying
No statutory language
Mandatory / Discretionary
Mandatory
Hearing
No statutory language
Clearance Process
Petition-based
Remedy
Expunge
Ineligible Category or Citation
There is no statutory language regarding ineligible offenses.
Procedure General
The petition must be filed with the court that had jurisdiction over the charge. For the specific procedure, see Miss. Code Ann. §§ 99-15-59, 99-19-71.
Fees
There is no statutory language regarding fees.
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
The petition can be filed 12 months after the arrest or citation.

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