Mississippi » Expungement of Mississippi Criminal Records
If you were arrested and the charges were dropped or if you were found innocent at trial, you may be eligible for expungement. You must not have been charged or convicted of a crime within twelve months after the conviction to be expunged.
Expungement of Mississippi Criminal Records 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 Criminal Records 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 therefore, 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.
Expungement of Mississippi Criminal Records Requirements
When your Mississippi arrest record is expunged, all official public records and all records relating to arrest, indictment, trial, sentence, and disposition of case are destroyed. However, some mental health examinations records may not be expunged, depending on the situation. No expunction of any implied consent violation is allowed. Certain sex offenses will not be able to be expunged.
If you were arrested and the charges were dropped or if you were found innocent at trial, you may be eligible for expungement. You must not have been charged or convicted of a crime within twelve months after the conviction to be expunged.
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.