Mississippi Legal FAQs
Expunging or Sealing Criminal Records in Mississippi
Information from Mississippi expungement lawyer Thomas V. Alonzo about the expungement process in Mississippi, including what criminal record expungement is, misdemeanors and felonies that can be expunged, eligibility requirements, and the process of sealing a record.
1. What does it mean to “expunge a criminal record”?
This is a court order for local, Mississippi and federal law enforcement agencies to destroy all public records related to your arrest and conviction.
2. Does record expungement mean that the charge no longer exists?
No – the charge still exists but cannot be viewed on public records. Law enforcement agencies will still have access to your record, but a search of public records will not show your charge.
3. Will the public record of my arrest disappear if charges against me are dropped?
No, your arrest will still exist in your criminal record. You must petition the court to expunge your arrest.
4. When my record is sealed, will I have to admit that I have been arrested or convicted on job, apartment, professional license and college applications?
This is a gray area. There is no specific law in Mississippi about this, but the goal of an expunged record is to restore you to the position you were in before your arrest and conviction, so practically speaking, you can answer “No” to questions about criminal history on applications. You will need to admit your arrest and conviction when applying to federal jobs, law enforcement and the military, however. Certain professional licenses may also require you to list a sealed criminal record.
5. Who can get their record cleared?
- Anyone who is arrested but not convicted of any kind of charge can have
the arrest expunged after the charge is dismissed or the time delays have expired. - Anyone who has a misdemeanor or felony charge “non-adjudicated” may apply for expunction, with the exception of crimes against a person.
- First time offenders convicted of most misdemeanors and certain felonies will also be eligible for expunction.
6. What misdemeanor convictions are eligible to be expunged in Mississippi?
If you are a first time offender and have fulfilled your sentence and have no additional charges, you will be eligible to expunge all misdemeanor charges with the exception of traffic violations (which includes DWIs).
7. What convictions are eligible for felony expungement in Mississippi?
As of July 1, 2010, the Mississippi expungement law has been amended to allow the following felony charges to be expunged: felony false pretense, felony bad checks, felony shoplifting, felony larceny, and felony malicious mischief. Felony drug possession of controlled substances, including marijuana, and paraphernalia may also be sealed.
8. My charge is eligible, are there any other expungement requirements I need to know about?
There can be no pending charges, and all requirements of conviction must be fulfilled including classes, probation, and the payment of fines and restitution. Also, you must not get any additional charges for a certain period of time – for example, you must wait 5 years from the completion of your sentence before you can petition for a felony expungement.
9. What is the expungement process in Mississippi?
Your Mississippi expungement attorney can help you file a petition in the county where your arrest and conviction took place. The judge will then review the petition. Once the judge has signed the expungement petition, your expungement lawyer will forward copies of the expungement to the local authorities, and the Mississippi Department of Safety will forward the order to state and federal authorities. The whole process usually takes about 60 – 90 days.
If you have any other questions about criminal expungement in Mississippi or Louisiana or if you need help clearing a felony or misdemeanor record, please contact my criminal defense law practice at (601) 944-1980 in Jackson, Mississippi. The initial consultation is free.