Expunging a Criminal Conviction

Expungement laws in Mississippi offer individuals the opportunity to remove certain criminal offenses from their public record, essentially giving them a fresh start. In terms of eligibility, Mississippi law is specific about which convictions can be expunged.

Any person who has been convicted of a misdemeanor, that is not a traffic violation, and who is a first offender, may petition the court in which the conviction was had for an order to expunge any such conviction from all public records. (Section 99-19-71 of the Mississippi Code of 1972, as amended.)

Any person who has been convicted of a felony and who has paid all criminal fines and costs of court imposed in the sentence of conviction may petition the court in which the conviction was had for an order to expunge one (1) conviction from all public records five (5) years after the successful completion of all terms and conditions of the sentence for the conviction upon a hearing as determined in the discretion of the court. The terms "one (1) conviction" means and includes all convictions that arose from a common nucleus of operative facts as determined in the discretion of the court. (Section 99-19-71 of the Mississippi Code of 1972, as amended.)

However, a person is not eligible to expunge the following felonies:

• A crime of violence as provided in Section 97-3-2

• Arson, first degree

• Trafficking in controlled substances

• A third, fourth or subsequent offense DUI

• Felon in possession of a firearm

• Failure to register as a sex offender

• Voyeurism

• Witness intimidation

• Abuse, neglect or exploitation of a vulnerable person

• Embezzlement

The process for an expungement requires the petitioner to give ten days' written notice to the district attorney before any hearing on the petition. The decision to grant an expungement is at the discretion of the court, based on whether it determines the applicant has been rehabilitated. Upon granting an expungement, a nonpublic record is retained by the Mississippi Criminal Information Center for determining if the individual is a first offender in subsequent proceedings. It is important to note that an expungement order does not prevent an employer from asking about expunged convictions for purposes other than determining first-offender status in subsequent legal proceedings​​.

The specifics of expungement laws in Mississippi highlight the state's approach to giving individuals a second chance, while also maintaining certain restrictions to balance public safety concerns. Individuals seeking expungement should carefully review their eligibility and follow the prescribed legal process, possibly with the assistance of legal counsel to navigate the complexities of the law.