Mississippi » Expungement of Mississippi Convictions
If you have been arrested, issued a citation, or held for any misdemeanor and not formally charged or prosecuted with an offense within twelve months of arrest, or receives a dismissal of the charge, you must petition the court for an expungement order. Granting of the order is discretionary. A person who was dismissed and the proceedings against them discharged or convicted for certain drug offenses, and were under twenty-six (26) years old at the time of the offense may petition the court for an order of expungement, which must be granted. A person who had satisfactorily served his sentence or period of probation and parole, had not turned 26 at the time of the offense may petition the court for an order of expungement, but it is discretionary for the court to grant the order. A person convicted of a misdemeanor drug offense of marijuana possession which is a 1st or 2nd conviction will have records of conviction expunged as a matter of law without petition to the court after two years.
Expungement of Mississippi Convictions Benefits
- Tell employers that you were not convicted of a crime
- Become eligible for some professional licenses
- Apply for a change in immigrant status more confidently
- Tell friends and family that you have not been convicted of a crime
- Stop fearing or being embarrassed when someone does a background check on you.
Expungement of Mississippi Convictions Requirements
In order to expunge your record or misdemeanor in Mississippi, you must meet certain requirements. If you fall under any of the categories below, you may be able to expunge your records.
- You are a first-time misdemeanor offender (except with traffic violations).
- You have already finished your sentence or probation and parole.
- You are a juvenile that was arrested and released and whose case was dismissed, without any pending charges.
- You haven’t been formally charged or prosecuted within twelve months of your conviction.
- Your case was drug-related (certain controlled circumstances, and with certain amounts).
- A person who was dismissed and the proceedings against them discharged or convicted for certain drug offenses and had not reached their twenty-sixth birthday at the time of the offense, or a person who had satisfactorily served his sentence or period of probation and parole, had not turned 26 at the time of the offense.
If you were convicted of a misdemeanor drug offense of marijuana possession, and it was only your 1st or 2nd conviction, your records will automatically be expunged after two years.
Expungement of Mississippi Convictions Law
SEC. 43-21-263. Sealing of records.
(1) The youth court may order the sealing of records involving children:
(a) if the child who was the subject of the cause has attained twenty (20) years of age;
(b) if the youth court dismisses the cause; or
(c) if the youth court sets aside an adjudication in the cause.
(2) The youth court may, at any time, upon its own motion or upon application of a party to a youth court cause, order the sealing or unsealing of the records involving children.
SEC. 43-21-265. Destruction of records.
The youth court, in its discretion, may order the destruction of any records involving children except medical or mental health examinations as defined in section 43-21-253. This order shall be directed to all persons maintaining the records, shall order their physical destruction by an appropriate means specified by the youth court and shall require the persons to file with the youth court a written report of compliance with the order. No records, however, may be destroyed without the approval of the director of the department of archives and history.
SEC. 99-19-71. Expunction of misdemeanor conviction of first offender upon petition.
(1) Any person who has been convicted of a misdemeanor, excluding a conviction for a traffic violation, and who is a first offender, may petition the justice, county, circuit or municipal court, as may be applicable, for an order to expunge any such conviction from all public records. Upon entering such order, a nonpublic record thereof shall be retained by the court and by the Mississippi Criminal Information Center solely for the purpose of determining whether, in subsequent proceedings, such person is a first offender. The effect of such order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest. No person as to whom such order has been entered shall be held thereafter under any provision of law to be guilty of perjury or to have otherwise given a false statement by reason of his failure to recite or acknowledge such arrest or conviction in response to any inquiry made of him for any purpose, except for the purpose of determining in any subsequent proceedings under this section, whether such person is a first offender.
(2) Upon petition therefor, a justice, county, circuit or municipal court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.
Whats on your record?
The first step to removing your criminal record is to find out what, if anything, is showing up on your criminal background. If you are unsure of what exactly is holding you back from jobs or any of lives other opportunities we highly recommend visiting our partner, BackgroundChecks.com, where you can get a full national criminal history background check for a super low price.