MISSISSIPPI
How to Clear Your Criminal Record
in Mississippi
A free, plain English guide to Mississippi expungement — one lifetime felony expungement after 5 years, first-offender misdemeanor expungement, mandatory dismissal expungement, and expungemississippi.com eligibility tools under Miss. Code § 99-19-71.
LEGAL TERM
Expungement / Expunction
FILING FEE
$150 minimum
GOVERNING LAW
Miss. Code § 99-19-71
What You Need to Know First

Mississippi uses both "expungement" and "expunction" interchangeably. After expungement, you are restored to pre-arrest status as a matter of law. You will never be guilty of perjury or false statement for failing to mention an expunged arrest or conviction. The court must expunge dismissed and acquitted case records — that expungement is mandatory, not discretionary.

One lifetime felony expungement — use it carefully. Mississippi allows only one felony expungement per person. Multiple convictions arising from the same facts or occurrence count as one for this limit, but separate incidents each use the single lifetime allowance. Misdemeanor expungements have separate rules and do not affect the felony limit.

Free online eligibility checker available. Visit expungemississippi.com to determine your eligibility and find local free expungement clinics and legal aid organizations near you.

What Can — and Can't — Be Expunged
ELIGIBLE FOR EXPUNGEMENT
  • Dismissed charges / acquittals — mandatory, no waiting period
  • No charges filed within 12 months of arrest — after 12 months
  • First-offender misdemeanor (non-traffic) — no waiting period stated; court discretion
  • Additional misdemeanors — justice/municipal court discretion after 2 years of good conduct
  • One eligible felony conviction — after 5 years from completion of all terms
  • Felony conviction under age 21 — after 5 years
  • Drug court / intervention court completion — petition available
  • Minor in possession of alcohol — dismissal and discharge available
NOT ELIGIBLE FOR EXPUNGEMENT
  • Crimes of violence (§ 97-3-2)
  • First degree arson
  • Drug trafficking convictions
  • Third, fourth, or subsequent DUI conviction
  • Felon in possession of a firearm
  • Failure to register as a sex offender
  • Carjacking
  • Public officials — convictions related to official duties
  • Traffic violations
  • Second felony conviction (lifetime limit exhausted)
Waiting Periods
Dismissed / acquitted — mandatory expungement
No wait
Arrest — no charges filed
12 months
Additional misdemeanors — good conduct shown
2 years
One eligible felony conviction
5 years
How to File — Step by Step
1
Check Your Eligibility at expungemississippi.com
Visit expungemississippi.com to use the free online eligibility tool. The site also lists free expungement clinics, legal aid organizations, and upcoming expungement workshops across Mississippi. If eligible, you can also find the forms and process information there.
2
File a Petition in the Court of Conviction
File your petition for expungement in the justice, county, circuit, or municipal court where the conviction or dismissal occurred. Pay the minimum $150 filing fee (§ 99-19-72). For dismissal/acquittal expungements — which are mandatory — the court shall enter the order. For conviction expungements, the court exercises discretion and must find rehabilitation.
3
Notice to District Attorney
Give 10 days written notice to the district attorney before any hearing on the petition. The DA has the opportunity to respond. For felony expungements, the court must determine on the record or in writing that you are rehabilitated from the offense. Come prepared with evidence of rehabilitation — employment, community involvement, and clean record since the conviction.
4
Order Issued — Mississippi Criminal Information Center Updated
Upon an expunction order, the circuit clerk sends a certified copy to the Mississippi Criminal Information Center. Under 2025 legislation, the Department of Public Safety must then remove the individual's criminal history record information, conviction information, and disposition form from the Mississippi central criminal database within 45 days of receiving the order.
Official Forms and Resources
Expunge Mississippi — Free Eligibility Tool
Free online Mississippi expungement eligibility checker and clinic locator — supported by Mississippi Center for Justice
Visit expungemississippi.com →
Mississippi Center for Justice — Expungement Services
Free expungement services and eligibility determination from the Mississippi Center for Justice
Visit mscenterforjustice.org →
Mississippi Courts — Find Your Court
Find the justice, county, circuit, or municipal court where your conviction occurred
Visit courts.ms.gov →
Mississippi Volunteer Lawyers Project
Free expungement workshops and online video guide — plus pro bono attorney assistance
Visit mvlp.net →
Helpful Resources
FREE LEGAL HELP
Mississippi Center for Justice
Free expungement services, eligibility forms, and legal clinics throughout Mississippi
mscenterforjustice.org →
FREE LEGAL HELP
Mississippi Volunteer Lawyers Project
Free legal help and expungement workshops for low-income Mississippians statewide
mvlp.net →
ELIGIBILITY TOOL
Expunge Mississippi
Free online eligibility checker — find out if you qualify and locate free clinics near you
expungemississippi.com →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
LEGAL AID
Mississippi Legal Services
Free civil legal help for low-income Mississippians — including criminal record assistance
mslegalservices.org →
Frequently Asked Questions
Can an employer ask if I've had a record expunged? +
Yes — Mississippi law has an unusual provision at § 99-19-71(3): an employer CAN ask a prospective employee if they have had a record expunged. This is different from most states where asking about expunged records is prohibited. However, after expungement you are restored to pre-arrest status and may otherwise respond as if the conviction never occurred — except in response to the specific employer question about expungements. Be aware of this when applying for jobs in Mississippi.
My charges were dismissed. Is expungement automatic? +
Not automatic — but mandatory once you petition. Under § 99-19-71(4), the court "shall" expunge the record of any case where you were arrested, released, and the case was dismissed, charges were dropped, there was no disposition, or you were found not guilty. The word "shall" means the court has no discretion to deny it once you petition. There is no waiting period and the minimum $150 fee applies. File your petition in the court where the charges were filed.
Can I expunge a second felony conviction? +
No — Mississippi allows only one felony expungement per lifetime. Once you have used your single felony expungement, no additional felony convictions can be expunged. The exception is for convictions arising from the same facts or occurrence — those count as one expungement together. For people under 21 at the time of offense, one felony conviction can be expunged after 5 years, with the exception that crimes of violence and drug distribution-related felonies (at the court's discretion) are excluded.
Is there a free way to get help with Mississippi expungement? +
Yes — Mississippi has unusually strong free resources. The Mississippi Center for Justice provides free expungement services and operates expungement clinics across the state. The Mississippi Volunteer Lawyers Project has an online expungement workshop and video. And expungemississippi.com provides a free eligibility checker and lists upcoming clinics. Legal representation is not required but strongly recommended for felony expungements where rehabilitation must be demonstrated to the court.
After Your Record Is Expunged

After expungement in Mississippi, you are restored to pre-arrest status as a matter of law. You will never be guilty of perjury or false statement for failing to mention the expunged arrest or conviction — with the exception that employers may ask if you have ever had a record expunged.

For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.

This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your court clerk or a licensed attorney in your state before filing.