Expungement Details

An expungement is a mechanism provided under Mississippi statute that allows a way to "seal" or "clear" an eligible criminal charge or conviction. Whether you seek peace of mind, or a clean record for a potential employer, an expungement allows one to restore his or herself to the same status they held before the charge. Upon successful expungement, one is no longer required to disclose or acknowledge the underlying arrest or conviction in most circumstances.

Misdemeanors

Under Mississippi law, one may be eligible for an expungement if:

  • you are a first offender, convicted of a misdemeanor other that a traffic violation;
  • the charge against you was dismissed, remanded, or retired to the file; OR
  • the charge against you has been nonadjudicated, and you have completed all court ordered terms and conditions.

Under the new House Bill 412, which went into effect on October 1, 2014, any person who has been convicted of a DUI-1st offense may be eligible for an expungement if:

you did not refuse to submit to a breath or blood test;

  • your blood alcohol concentration (BAC) tested below 0.16% if the results are available;
  • you are not a holder of a commercial driver's license or commercial learning permit;
  • more than five (5) years have passed since you have successfully completed all court ordered terms and conditions; AND
  • you have not been convicted of or have pending any other offense of driving under the influence.

Felonies

Under Mississippi law, you may be eligible for an expungement if:

  • the charge against you was dismissed, remanded, or retired to the file;
  • the charge against you has been nonadjudicated, and you have completed all court ordered terms and conditions; OR
  • you are a first offender, convicted of one of the below felonies, and more than five (5) years have passed since you have successfully completed all court ordered terms and conditions:
    • bad check
    • possession of a controlled substance or paraphernalia
    • false pretense
    • larceny
    • malicious mischief
    • shoplifting
    • OR; you were under 18 at the time you committed a nonviolent felony.