Expunging a Criminal Record in Mississippi (2026)
Reviewed by DocDraft Legal Team · Mississippi · Last updated August 19, 2026
Mississippi calls its main record-clearing relief expungement, and it is one of the more restrictive systems in the country. Under Miss. Code 99-19-71, a first offender may petition to expunge misdemeanors, and a person may expunge only one eligible felony conviction, generally five years after completing all terms of the sentence and paying all fines and costs. Many serious felonies are categorically excluded, including crimes of violence, drug trafficking, and repeat DUI. Non-convictions and dismissals can be expunged under separate statutes. Mississippi has no automatic clean-slate sealing, so every case requires a petition to the court and the state repository is the Mississippi Department of Public Safety.
Find out where you stand in Mississippi
What are you trying to clear?
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What record-clearing relief does Mississippi offer and what is it called?
Mississippi calls it expungement, governed mainly by Miss. Code 99-19-71. An expungement orders the offense removed from public records and lets you legally treat it as if it never happened for most purposes. It is petition-based; Mississippi has no automatic clean-slate sealing that clears records without a court filing.
What is eligible for expungement in Mississippi and what is the waiting period?
Under Miss. Code 99-19-71, a first offender may expunge misdemeanors, and may expunge one eligible felony conviction five years after completing all sentence terms and paying all fines and costs. Non-convictions and dismissals can be expunged under Miss. Code 99-15-26 and 99-15-59, generally without the five-year felony wait.
Can you expunge or seal a felony in Mississippi?
Yes, but narrowly. Under Miss. Code 99-19-71, a person may expunge only one eligible felony, five years after completing the sentence. Excluded felonies include crimes of violence, first-degree arson, drug trafficking, third or subsequent DUI, felon in possession of a firearm, and failure to register as a sex offender.
Does Mississippi have automatic 'clean slate' record sealing?
No. Mississippi has not enacted an automatic clean-slate or auto-sealing law, so no eligible record is cleared on its own. Every expungement in Mississippi requires filing a petition in the court where the case was handled and obtaining a court order under Miss. Code 99-19-71 or the non-conviction statutes.
Is felony expungement in Mississippi a one-time, lifetime opportunity?
Effectively yes for felonies. Miss. Code 99-19-71 lets a person expunge only one eligible felony conviction, so it functions as a once-in-a-lifetime felony expungement. If you use it on one felony, you cannot later expunge a different felony conviction. Misdemeanor and non-conviction expungements follow their own rules.
Mississippi's One-Felony First-Offender Expungement Under Miss. Code 99-19-71
Mississippi record-clearing is called expungement and is deliberately narrow. Under Miss. Code 99-19-71, a first offender may petition to expunge misdemeanor convictions, and a person may petition to expunge only one eligible felony conviction, five years after successfully completing all terms and conditions of the sentence and paying all criminal fines and costs. Because only one felony can ever be cleared, it operates as a one-time, lifetime opportunity for felonies. The statute categorically excludes serious felonies: crimes of violence, arson in the first degree, drug trafficking, a third, fourth, or subsequent DUI, felon in possession of a firearm, and failure to register as a sex offender. Ordinary DUI has its own separate and limited relief through non-adjudication under Miss. Code 63-11-30 rather than 99-19-71 expungement. Arrests and charges that did not end in conviction are handled under different statutes: non-adjudication and dismissal expunction under Miss. Code 99-15-26 and expunction of dismissed or acquitted cases under Miss. Code 99-15-59, which generally do not require the five-year felony wait. Mississippi has no automatic clean-slate sealing, so every case requires a petition filed in the court that handled the matter, typically the circuit court for felonies and the justice, municipal, or county court for misdemeanors. Once a court grants the order, the record is updated at the state repository, the Mississippi Department of Public Safety.
Relevant Laws
Expungement of Misdemeanors and One Felony (Miss. Code 99-19-71)
Mississippi's main expungement statute. A first offender may expunge misdemeanors, and a person may expunge one eligible felony conviction five years after completing all sentence terms and paying all fines and costs. Excludes crimes of violence, arson, trafficking, repeat DUI, felon-in-possession, and failure to register.
No Automatic Clean-Slate Relief in Mississippi
Mississippi has not enacted an automatic clean-slate or auto-sealing law. All expungement is petition-only: an eligible person must file in the court that handled the case and obtain a signed order under Miss. Code 99-19-71 or the non-conviction statutes. No record clears without a petition.
Non-Convictions, Non-Adjudication, and Dismissals (Miss. Code 99-15-26 and 99-15-59)
Cases that did not end in conviction have their own relief. Miss. Code 99-15-26 governs non-adjudication and dismissal after conditions are met, and Miss. Code 99-15-59 allows expunction of dismissed or acquitted charges, generally without the five-year felony waiting period.
No General Federal Expungement; DUI Non-Adjudication (Miss. Code 63-11-30)
There is no general federal expungement of Mississippi state convictions; relief comes from state law. Ordinary DUI is handled separately: first-offense DUI non-adjudication under Miss. Code 63-11-30 is the limited path, since 99-19-71 excludes third or subsequent DUI.
Regional Variances
Mississippi Expungement Eligibility Table
Relief type and name
Mississippi calls its relief expungement, governed mainly by Miss. Code 99-19-71. A granted order removes the offense from public records and lets you treat it as if it did not occur for most purposes. There is no separate 'sealing' or 'set-aside' track for convictions; expungement is the mechanism.
Eligible offenses (misdemeanors)
Under Miss. Code 99-19-71(1), a first offender who has no prior felony conviction may petition to expunge misdemeanor convictions. Misdemeanors are the most broadly expungeable category and do not carry the five-year felony waiting period, though the petition must still be filed and granted by the court.
Eligible offenses and waiting period (one felony)
Under Miss. Code 99-19-71(2) and (3), a person may expunge only one eligible felony conviction, five years after successfully completing all terms and conditions of the sentence and paying all criminal fines and costs. Because only one felony can ever be cleared, it functions as a one-time, lifetime opportunity.
Non-convictions and dismissals
Arrests and charges that did not end in conviction are cleared under separate statutes: non-adjudication and dismissal under Miss. Code 99-15-26 and expunction of dismissed or acquitted cases under Miss. Code 99-15-59. These generally do not require the five-year felony wait that applies to felony convictions.
Excluded offenses
Miss. Code 99-19-71 categorically bars expungement of a felony that is a crime of violence, arson in the first degree, drug trafficking, a third, fourth, or subsequent DUI, felon in possession of a firearm, or failure to register as a sex offender. Ordinary DUI relief runs through non-adjudication under Miss. Code 63-11-30 instead.
Automatic clean-slate status
None. Mississippi has not enacted automatic clean-slate or auto-sealing legislation, so no eligible record clears on its own. Every expungement requires a petition filed in the court that handled the case, and the state repository, the Mississippi Department of Public Safety, updates the record only after the court signs the order.
Suggested Compliance Checklist
Confirm eligibility and the felony waiting period under Miss. Code 99-19-71
Before drafting the petition days after startingVerify the offense is not an excluded felony (crime of violence, arson, trafficking, repeat DUI, felon-in-possession, failure to register) and that at least five years have passed since you completed all sentence terms and paid all fines. Confirm you have not already used your one-felony expungement.
Obtain your Mississippi criminal history from DPS
Early in the process days after startingRequest your record from the Mississippi Department of Public Safety so you know each case, its court, and whether it was a conviction, non-adjudication, or dismissal. This determines whether you proceed under Miss. Code 99-19-71 or the non-conviction statutes 99-15-26 and 99-15-59.
Prepare the petition to expunge
Before filing days after startingDraft a petition that identifies the cause number, offense, sentence-completion date, and the exact statute you rely on. There is no statewide form number, so the petition must state the eligibility facts. An attorney can help confirm the petition satisfies the 99-19-71 requirements.
File in the correct court and serve the district attorney
When the petition is ready days after startingFile in the court that handled the case, generally circuit court for felonies and justice, municipal, or county court for misdemeanors, and pay or seek a waiver of the filing fee. Serve or notify the district attorney, who may respond, and attend any hearing the court sets.
Confirm the order reaches the state repository
After the court signs the order days after startingEnsure the clerk transmits the signed expungement order to the Mississippi Department of Public Safety and any other record-holder, and keep a certified copy. Verify later that the entry is actually removed, since the expungement is not effective until the repository updates the record.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm eligibility and the felony waiting period under Miss. Code 99-19-71 | Verify the offense is not an excluded felony (crime of violence, arson, trafficking, repeat DUI, felon-in-possession, failure to register) and that at least five years have passed since you completed all sentence terms and paid all fines. Confirm you have not already used your one-felony expungement. | - | Before drafting the petition |
| Obtain your Mississippi criminal history from DPS | Request your record from the Mississippi Department of Public Safety so you know each case, its court, and whether it was a conviction, non-adjudication, or dismissal. This determines whether you proceed under Miss. Code 99-19-71 or the non-conviction statutes 99-15-26 and 99-15-59. | - | Early in the process |
| Prepare the petition to expunge | Draft a petition that identifies the cause number, offense, sentence-completion date, and the exact statute you rely on. There is no statewide form number, so the petition must state the eligibility facts. An attorney can help confirm the petition satisfies the 99-19-71 requirements. | - | Before filing |
| File in the correct court and serve the district attorney | File in the court that handled the case, generally circuit court for felonies and justice, municipal, or county court for misdemeanors, and pay or seek a waiver of the filing fee. Serve or notify the district attorney, who may respond, and attend any hearing the court sets. | - | When the petition is ready |
| Confirm the order reaches the state repository | Ensure the clerk transmits the signed expungement order to the Mississippi Department of Public Safety and any other record-holder, and keep a certified copy. Verify later that the entry is actually removed, since the expungement is not effective until the repository updates the record. | - | After the court signs the order |
Frequently Asked Questions
You pay the court's civil filing fee for the petition, which varies by court, plus any cost the clerk charges to certify and transmit the order. If you cannot afford the fee, ask the Mississippi court about proceeding in forma pauperis with a fee waiver. Budget separately for a certified copy of the final order.
After you file, the district attorney is given time to respond and the court may set a hearing, so the process commonly runs from a couple of months to several months. It depends on the court's docket and whether the prosecutor objects. Separately, remember the felony petition itself cannot be filed until five years after you complete the sentence.
Sometimes. An expungement under Miss. Code 99-19-71 removes the offense from public records, but law enforcement and courts may retain nonpublic access, and certain licensing, firearm, and background contexts can still consider it. Expungement is not always a complete erasure, so confirm how it applies to your specific license or clearance before relying on it.
For most purposes, yes. Once a court grants expungement, Mississippi generally allows you to treat the matter as if it did not occur, so you can answer 'no' on many private job applications. But some applications, licensing forms, and firearm questions require disclosure, so read each question carefully and get advice before answering under oath.
Not through ordinary 99-19-71 relief. A third, fourth, or subsequent DUI is a categorically excluded felony that cannot be expunged. A first-offense DUI has its own limited path through non-adjudication under Miss. Code 63-11-30, which has strict conditions and is separate from the general expungement statute. Confirm your specific DUI history before assuming relief is available.
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