In Mississippi, your criminal record may be expunged—that is, erased or sealed—under the circumstances described below. If your record is expunged, it will be hidden from public view, but law enforcement agencies will still have access to it. In most cases, you will be permitted to say that you were not arrested or convicted of a crime.
You were arrested and released. You may petition to have your arrest record expunged if:
(Miss. Code Ann. §§ 99-15-26(5), 99-19-71(4) (2018).)
You were arrested, cited, or detained for a misdemeanor. You may petition to have your record expunged if:
(Miss. Code Ann. § 99-15-59 (2018).)
Misdemeanor offenses. If you were convicted of a misdemeanor, other than a traffic violation, and you are a first offender, you may petition to have your conviction expunged. (Miss. Code Ann. § 99-19-71(1) (2018).)
Felony offenses. Five years after successfully completing the terms of your sentence, you may petition to expunge your conviction if it is one of the following felonies, as described in the Mississippi Code:
You are eligible for only one expungement under this law.
(Miss. Code Ann. § 99-19-71(2)(a) (2018).)
Felony offenses if you were under the age of 21 at the time of the offense. Five years after successfully completing the terms of your sentence, you may petition to expunge your felony conviction if you were under the age of 21 at the time you committed the crime. Convictions for violent felonies, including murder, manslaughter, rape, burglary of a dwelling, and robbery, cannot be expunged.
You are eligible for only one expungement under this law.
(Miss. Code Ann. §§ 97-3-2, 99-19-71(2)(b) (2018).)
Controlled substance violations. For most controlled substance violations, if you have successfully completed an assigned period of probation or treatment under a suspended sentence, you may petition to have your conviction expunged. (Miss. Code Ann. § 41-29-150 (2018).)
Sex offenses. If you were required to register as a sex offender, the underlying conviction cannot be expunged. (Miss. Code Ann. § 45-33-55 (2018).)
Public officials. Public officials who were convicted of offenses related to their official duties are not eligible to have their records expunged. (Miss. Code Ann. § 99-19-71(5) (2018).)
Cleaning up a criminal record can be complicated. If you are not sure whether your record qualifies for expungement in Mississippi—or for advice about your personal situation—you should contact a qualified criminal defense attorney. A good lawyer can guide you each step of the way.
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