Expungement: Clear your past arrest and conviction record

A misdemeanor arrest, charge, and conviction can be expunged from a person’s record in Mississippi. A misdemeanor is a “minor” crime, or one which does not result in prison time. A misdemeanor can carry up to a year in the County Jail and a fine. So, misdemeanors are not really “minor” crimes. The majority of people who encounter the criminal justice system are charged with misdemeanors and these charges can be devastating on a person’s future.

First Offense: Pursuant to Miss. Code Ann. §99-19-71(1), “Any person who is 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 in which the conviction was had for an order to expunge any such conviction from all public records.” There are some situations that provide for expungement of additional misdemeanor convictions obtained in municipal court. Miss. Code Ann. § 21-23-7(6) provides that upon prior notice to the prosecuting attorney and upon a showing in open court of (1) rehabilitation, (2) good conduct for a period of 2 years since the last conviction in any court and (3) that the best interest of society would be served, the court may, in its discretion, order the record of conviction of a person of any or all misdemeanors in that court expunged.

Non-Adjudication: Under Mississippi law a misdemeanor charge that has been non-adjudicated shall be dismissed upon successful completion of court-imposed conditions. Upon dismissal, Mississippi law directs the Court to expunge the record upon petition to the Court. However, Courts and prosecutors do not expunge or erase your record for you. You must do it yourself.

Expungement after Dismissal or No Charge: Mississippi law requires the Court, upon petition, to expunge the record in which an arrest was made, the individual was released and the case was dismissed or the charges were dropped or there was no disposition of the case or the individual was not formally charged within 12 months of being arrested.

Expungement of Minor in Possession Charge: A minor in possession of light wine and beer conviction may be expunged in certain circumstances but no “sooner than one (1) year after the dismissal of the charge or completion of any sentence and/or payment of any fine.” Miss. Code Ann. § 67-3-70(6).