Get Your Mississippi Rap Sheet
Mississippi Expungement Forms
The following forms are utilized in filing for an expungement in Mississippi. We have not found any of these posted on-line, so you will need to obtain them directly from the District Court.
- Affidavit in Support of Motion to Order Expungement of Criminal Record
- Motion to Expunge
- Order Expunging Record
- Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction
- Petition for Expungement of Record in Case of Acquittal and Release without Conviction
- Motion to Expunge Criminal Offender Record due to Charges having been Dismissed
Mississippi Expungement Law in a Nutshell
Mississippi’s expungement statute was amended in 2010 to include nonviolent felonies of theft and controlled substance charges.
Expungement of first offender misdemeanor and some drug-related convictions – Miss. Code Sections 99-19-71
Misdemeanors and minor convictions are the main offenses available for expungement under Mississippi law. To obtain an expungement you must:
- Not commit any further offenses
- Show you have been rehabilitated
- Prove good behavior post-conviction
Misdemeanors committed by first-time offenders may be eligible for expungement under Mississippi law. The charge must not be for a traffic related offense.
Generally, felony convictions are not covered under expungement law in Mississippi. In some instances, a pardon may be available to seal the record of a felony conviction.
Mississippi’s general misdemeanor expungement statute does not allow for traffic offenses to be expunged; however, minors may be able to get their DUI convictions expunged.
An expunged record is not available to the public in Mississippi, and you have the same standing in society as someone who has never been convicted of a crime, provided that you do not have any other (non-expunged) convictions. Police may view your non-public records.
To obtain expungment in Mississippi, you must demonstrate good conduct and rehabilitation post-conviction. This may mean the payment of court fines, and completion of any sentencing requirements. The municipal court in the county where the offense occurred or the prosecutor’s office can provide information about obtaining an expungement.
Section 99-19-72 requires the circuit clerk to collect a $150.00 filing fee upon the filing of a petition for expungement pursuant to Section 99-19-71.
With respect to Section 9-23-23, which pertains to drug courts, expungement is automatic upon completion of the court’s requirements, thus no petition is filed, and there is no filing fee.
Under Sections 41-29-150 and 99-15-26, the $85.00 filing fee pursuant to Section 25-7-13(1)(a) would only be collected if the application for expungement is filed as a new case.
If the new document is filed as part of the original case, the $85.00 fee would not be applicable.
“The effect of [an expungement] 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 [a couple of little reasons]. Miss. Code Ann. § 99-19-71.
For expungement of criminal records of non-conviction, see Miss. Code Section 99-15-59
Free Mississippi Self-Help & Do-It-Yourself Guides
Mississippi Expungement Process
Mississippi Expungement Law
Expungement Programs in Mississippi
Free Mississippi Statewide Forms & Instructions
Free Mississippi County Specific Forms & Instructions
Rankin County Justice Court: Order Granting Expunction of Record
Madison County: Petition to Expunge Record
Other Free Mississippi Legal Resources
The Steps Coalition mission is to build a democratic movement to create a healthy, just and equitable Mississippi Gulf Coast by developing local leadership, supporting communities to advocate for their needs and by facilitating communication, coordination, and collaboration among its membership.
With offices in Jackson, Biloxi and Indianola, the Mississippi Center for Justice seeks systemic solutions that promote educational opportunity, protect the rights of consumers, secure access to healthcare, ensure equity in disaster recovery and put affordable housing within the reach of all Mississippians.