How to File for Expungement in Mississippi
How to apply to clear a criminal record in Mississippi: the petition, court, fee and fee waiver, and what happens at the hearing.
Short answer: 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. Miss. Code § 99-19-71(1), (2)
| 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) |
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| 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. |
| 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 |
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
- Clearing a DUI From Your Record in Mississippi
- All Mississippi expungement & criminal records rules
FAQ
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.
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.
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.
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.