Mississippi Expungement Laws: How to Clear or Seal a Criminal Record
How to expunge or seal a criminal record in Mississippi: arrests, misdemeanors, felonies, DUI, juvenile records, waiting periods, fees and how to file.
Quick answers for Mississippi
- What relief the state offers
- Mississippi uses "expunction": a court order expunging a conviction or case from all public records. A nonpublic record is kept for limited purposes. Miss. Code §§ 99-19-71, 99-15-26
- Misdemeanor convictions
- A first offender convicted of a misdemeanor that is not a traffic violation may petition the court where the conviction happened to expunge it from all public records. The statute sets no waiting period for misdemeanors. Miss. Code § 99-19-71(1), (2)(b), (5)
- Felony convictions
- A person convicted of a felony who has paid all criminal fines and court costs may petition to expunge one felony conviction, 5 years after successfully completing all terms of the sentence. The court decides after a hearing. Miss. Code § 99-19-71(2)(a)
- Automatic (clean slate) relief
- No. The expunction provisions reviewed all require a petition to the court; no automatic or "clean slate" record clearing was found. Miss. Code §§ 99-19-71, 99-15-26(5)
Last verified: 2026-10-27
Who qualifies
| What relief the state offers | Mississippi uses "expunction": a court order expunging a conviction or case from all public records. A nonpublic record is kept for limited purposes. Expunction is available for dismissed or dropped cases and acquittals, for a first misdemeanor conviction that is not a traffic violation, and for one eligible felony. Separately, nonadjudication lets a court hold a guilty plea and dismiss the case after conditions are completed. The Governor can grant pardons. The text of § 99-19-71 was read from a 2026 Senate bill (SB 2228, which died on the calendar) that reprints the section as it stands, with proposed changes marked; the description here reflects existing law, not the bill's proposed changes. Source: Miss. Code §§ 99-19-71, 99-15-26 |
|---|---|
| Arrests and dismissed charges | On petition, a justice, county, circuit or municipal court must expunge the record of any case where an arrest was made, the person was released, and the case was dismissed, the charges were dropped, there was no disposition, or the person was found not guilty at trial. |
| Misdemeanor convictions | A first offender convicted of a misdemeanor that is not a traffic violation may petition the court where the conviction happened to expunge it from all public records. The statute sets no waiting period for misdemeanors. The court may grant the petition if it finds the person is rehabilitated from the offense. Public officials cannot expunge convictions related to their official duties. |
| Felony convictions | A person convicted of a felony who has paid all criminal fines and court costs may petition to expunge one felony conviction, 5 years after successfully completing all terms of the sentence. The court decides after a hearing. All convictions arising from a common set of facts count as one. A person may get only one felony expunction. Not eligible: crimes of violence, first-degree arson, drug trafficking, third or later DUI, felon in possession of a firearm, failure to register as a sex offender, voyeurism, witness intimidation, abuse or exploitation of a vulnerable person, and embezzlement. Source: Miss. Code § 99-19-71(2)(a) |
| DUI / DWI convictions | A third or later DUI (a felony) cannot be expunged. Misdemeanor expunction under § 99-19-71 does not cover traffic violations. DUI and other Implied Consent Law cases cannot use general nonadjudication; they can be nonadjudicated only under the DUI statute, § 63-11-30. The nonadjudication rule is from the 2019 enrolled Criminal Justice Reform Act (HB 1352): https://billstatus.ls.state.ms.us/documents/2019/html/HB/1300-1399/HB1352SG.htm. |
How to apply
| How to apply | File a petition in the court where the conviction happened (justice, county, circuit or municipal court). The person must give the district attorney 10 days' written notice before any hearing. The court may grant the petition if it finds, on the record or in writing, that the person is rehabilitated; if it denies the petition, it must state specific findings. Source: Miss. Code § 99-19-71(1), (2) |
|---|---|
| Automatic (clean slate) relief | No. The expunction provisions reviewed all require a petition to the court; no automatic or "clean slate" record clearing was found. |
| Getting a copy of your criminal record | The Mississippi Department of Public Safety's Criminal Information Center keeps state criminal history records. DPS offers an online Name-Based Background Check that only the person the record belongs to can start or authorize; businesses and other third parties cannot request it. Each request costs $32.00, payable by Visa, Mastercard, Discover or American Express credit or debit card. Results can be sent to you or released to a third party you name (by mail or fax), and requests may take up to 30 calendar days. Criminal Information Center: https://www.dps.ms.gov/investigation/criminal-information-center |
After your record is cleared
| What clearing a record does | An expunction order restores the person, in the eyes of the law, to the status they had before the arrest or indictment. The person is not guilty of perjury or a false statement for not mentioning the arrest, indictment or conviction in response to inquiries, except when determining first-offender status in later proceedings. The Mississippi Criminal Information Center keeps a nonpublic record only to decide whether the person is a first offender later. District attorneys may keep a nonpublic record for law enforcement purposes. Employers may still ask whether a person has had an expunction order. When called as a prospective juror, the person must tell the court privately about the expunged conviction if asked. The statute does not address firearm rights or immigration; state expunction may not control how federal authorities treat a record. Source: Miss. Code § 99-19-71(3) |
|---|---|
| Pardons | The Mississippi Constitution gives the Governor the power to grant clemency, including pardons and commutations. According to the Mississippi Department of Corrections, a person applies to the Governor's Office (Legal Division) and must publish notice for 30 days in a newspaper in the county where the crime was committed. A pardon is available after the sentence is completed and all fines and court costs are paid. The Governor may grant, deny or take no action, with no deadline. A pardon forgives the crime. |
Where to get help in Mississippi
Expungement & Criminal Records FAQ
Can you get a criminal record expunged in Mississippi?
Mississippi uses "expunction": a court order expunging a conviction or case from all public records. A nonpublic record is kept for limited purposes. Expunction is available for dismissed or dropped cases and acquittals, for a first misdemeanor conviction that is not a traffic violation, and for one eligible felony. Separately, nonadjudication lets a court hold a guilty plea and dismiss the case after conditions are completed. The Governor can grant pardons.
Can you clear an arrest or dismissed charge in Mississippi?
On petition, a justice, county, circuit or municipal court must expunge the record of any case where an arrest was made, the person was released, and the case was dismissed, the charges were dropped, there was no disposition, or the person was found not guilty at trial.
Can a misdemeanor be expunged in Mississippi?
A first offender convicted of a misdemeanor that is not a traffic violation may petition the court where the conviction happened to expunge it from all public records. The statute sets no waiting period for misdemeanors. The court may grant the petition if it finds the person is rehabilitated from the offense. Public officials cannot expunge convictions related to their official duties.
Can a felony be expunged in Mississippi?
A person convicted of a felony who has paid all criminal fines and court costs may petition to expunge one felony conviction, 5 years after successfully completing all terms of the sentence. The court decides after a hearing. All convictions arising from a common set of facts count as one. A person may get only one felony expunction. Not eligible: crimes of violence, first-degree arson, drug trafficking, third or later DUI, felon in possession of a firearm, failure to register as a sex offender, voyeurism, witness intimidation, abuse or exploitation of a vulnerable person, and embezzlement.
Does Mississippi have automatic record clearing (clean slate)?
No. The expunction provisions reviewed all require a petition to the court; no automatic or "clean slate" record clearing was found.
Can a DUI be expunged in Mississippi?
A third or later DUI (a felony) cannot be expunged. Misdemeanor expunction under § 99-19-71 does not cover traffic violations. DUI and other Implied Consent Law cases cannot use general nonadjudication; they can be nonadjudicated only under the DUI statute, § 63-11-30.
How do you file for expungement in Mississippi?
File a petition in the court where the conviction happened (justice, county, circuit or municipal court). The person must give the district attorney 10 days' written notice before any hearing. The court may grant the petition if it finds, on the record or in writing, that the person is rehabilitated; if it denies the petition, it must state specific findings.
What happens after a record is expunged or sealed in Mississippi?
An expunction order restores the person, in the eyes of the law, to the status they had before the arrest or indictment. The person is not guilty of perjury or a false statement for not mentioning the arrest, indictment or conviction in response to inquiries, except when determining first-offender status in later proceedings. The Mississippi Criminal Information Center keeps a nonpublic record only to decide whether the person is a first offender later. District attorneys may keep a nonpublic record for law enforcement purposes. Employers may still ask whether a person has had an expunction order. When called as a prospective juror, the person must tell the court privately about the expunged conviction if asked.
How do you get a pardon in Mississippi?
The Mississippi Constitution gives the Governor the power to grant clemency, including pardons and commutations. According to the Mississippi Department of Corrections, a person applies to the Governor's Office (Legal Division) and must publish notice for 30 days in a newspaper in the county where the crime was committed. A pardon is available after the sentence is completed and all fines and court costs are paid. The Governor may grant, deny or take no action, with no deadline. A pardon forgives the crime.
How do I check my own criminal record in Mississippi?
The Mississippi Department of Public Safety's Criminal Information Center keeps state criminal history records. DPS offers an online Name-Based Background Check that only the person the record belongs to can start or authorize; businesses and other third parties cannot request it. Each request costs $32.00, payable by Visa, Mastercard, Discover or American Express credit or debit card. Results can be sent to you or released to a third party you name (by mail or fax), and requests may take up to 30 calendar days.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.