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Mississippi

Below is a general overview of when criminal records can be expunged or vacated in Mississippi. Please note that the Clean Slate Clearinghouse does not provide legal advice.

Read the legal policies and statutes for detailed statutory information.

Adult Criminal Record Clearance Policies Overview

Adult criminal records for cases in which you were convicted are eligible for expungement or vacating in some situations. In most instances, you have to file a petition in court to start the process.

  • With certain exceptions, if you were convicted of a first-time offender misdemeanor in municipal court before you were 23, the record can be expunged after you complete your sentence. It is up to the judge whether or not to grant your petition.
  • If you were convicted of any offense in municipal court, the record can be expunged two years after the last conviction. You likely do not have to file a petition in court to start the process, but it is up to the judge whether or not to expunge the record.
  • With certain exceptions, if you were convicted of a first-time offender misdemeanor, the record can be expunged after you complete your sentence. It is up to the judge whether or not to grant your petition.
  • With certain exceptions, if you were convicted of one qualifying felony, the record can be expunged five years after you complete your sentence. It is up to the judge whether or not to grant your petition.
  • With certain exceptions, if you were convicted of a nonviolent felony committed before you were 21, the record can be expunged five years after you complete your sentence. It is up to the judge whether or not to grant your petition.
  • If you were convicted of underage purchase or possession of alcohol, the record can be expunged one year after you complete your sentence. If you meet the criteria, the judge has to grant your petition.
  • If you were convicted of a first-time offense for driving under the influence, the record can be expunged five years after you complete your sentence, unless you had a learner’s permit or commercial driver’s license at the time of the offense. It is up to the judge whether or not to grant your petition.
  • If you were convicted of any crime under the Mississippi Human Trafficking Act because you were the victim of human trafficking, your conviction can be vacated immediately. It is up to the judge whether or not to grant your petition.

If you were the victim of identity theft and someone used your name when committing a crime, the record can be expunged immediately. You have to file a petition in court to start the process.

If you successfully completed a diversion or deferral program, the record can be expunged in some situations.

  • With certain exceptions, if your case was dismissed after you successfully completed court-imposed conditions, the record can be expunged immediately. You have to file a petition in court to start the process, and if you meet the criteria, the judge has to grant your petition.
  • With certain exceptions, if you successfully completed a pre-trial intervention program, the record can be expunged immediately. You have to file a petition in court to start the process, and if you meet the criteria, the judge has to grant your petition.
  • With certain exceptions, if your case was dismissed after you successfully completed a drug court program, the record should be expunged immediately.

Adult criminal records for arrests for which you were never convicted are eligible for expungement in some situations.

  • If you were arrested for a misdemeanor but no charges were filed, the record can be expunged one year after the arrest. You have to file a petition in court to start the process, and if you meet the criteria, the judge has to grant your petition.
  • If your misdemeanor charge was dismissed, the record can be expunged immediately. You have to file a petition in court to start the process, and if you meet the criteria, the judge has to grant your petition.
  • In a municipal court case, if the charges are dropped or dismissed, the record should be expunged immediately.

Other criminal records, including conviction information, are likely not eligible for expungement or vacating.

Find a Lawyer

If you think you might be eligible to have your record expunged or vacated, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.

Created on July 10, 2017

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