Clearing a DUI From Your Record in Mississippi
Whether a DUI or DWI conviction can be expunged or sealed in Mississippi, and what to do instead if it can't.
Short answer: 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; Miss. Code §§ 99-19-71(1), (2)(a)(iv); 99-15-26(1)(d)
| 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. |
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| 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) |
Where to get help in Mississippi
More Mississippi expungement & criminal records
- Getting a Copy of Your Mississippi Criminal Record
- Expunging or Sealing a Felony in Mississippi
- How to File for Expungement in Mississippi
- All Mississippi expungement & criminal records rules
FAQ
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.
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.