Pick an answer above to see your routes, waits and costs.
At a glance
A first-offender misdemeanor conviction can be expunged, and one felony conviction can be expunged 3 years after the sentence is complete (down from 5 years since July 1, 2026), unless it is on a long list of excluded offenses. Arrests that ended in dismissal or acquittal, completed nonadjudication and some first-offense drug and DUI cases can also be cleared. Almost nothing is cleared automatically: the exception is a first or second conviction for possessing 30 grams or less of marijuana, which the drug law says is expunged 2 years after the conviction. For everything else you have to petition the court.1,2,3,4
- Fee waiver
- Not confirmed
Expungement
Felony expunction
The order removes the conviction from all public records and restores you, in the eyes of the law, to the status you had before the arrest or indictment. You cannot later be held guilty of perjury or of giving a false statement for not mentioning the arrest, indictment or conviction when asked, except when a court is deciding whether you are a first offender in a later case. A nonpublic record is kept by the Mississippi Criminal Information Center and the district attorney's office, and if you are called for jury duty you must tell the court privately about it if asked. The statute also says an expunction does not stop an employer from asking whether you have had an expunction order (Miss. Code Ann. § 99-19-71(3)). Expunged convictions can still be used to decide habitual-offender status and law enforcement certification (§ 45-27-21).1,2,3
What it's for: One felony conviction (or several that arose from the same set of facts), once the sentence is complete and fines and court costs are paid.
Who can use it
- You were convicted of a felony and have paid all criminal fines and court costs imposed in the sentence (§ 99-19-71(2)(a)).
- At least 3 years have passed since you successfully completed all terms and conditions of the sentence. The wait was 5 years until HB 1546 took effect on July 1, 2026.
- You can expunge only one felony conviction under this section. Convictions that arose from a common nucleus of operative facts count as one, as the court decides (§ 99-19-71(2)(a)).
- The court may grant the petition if it finds, on the record or in writing, that you are rehabilitated from the offense. If it denies the petition, it must give specific findings (§ 99-19-71(2)(b)).
What doesn't qualify
- Crimes of violence listed in § 97-3-2, including murder, aggravated assault, manslaughter, kidnapping, human trafficking, rape, robbery, sexual battery, carjacking, felony child abuse, burglary of a dwelling, drive-by shooting, shooting into a dwelling, child exploitation, touching a child for lustful purposes, statutory rape (a judge can rule otherwise at a hearing), aggravated DUI, meaning DUI that negligently causes a death or a serious, permanent injury (§ 63-11-30(5)), and DUI while carrying a child under 16 that seriously injures or kills the child (§ 63-11-30(12)(d)). A judge can also label another felony with a maximum sentence of 5 years or more a crime of violence at sentencing if force was used or threatened (§ 97-3-2(2)).
- First-degree arson, trafficking in controlled substances (§ 41-29-139), felon in possession of a firearm (§ 97-37-5), failure to register as a sex offender, voyeurism, witness intimidation, abuse, neglect or exploitation of a vulnerable person, and embezzlement (§§ 97-11-25, 97-23-19) (§ 99-19-71(2)(a)).
- A third, fourth or later DUI offense (§ 63-11-30(2)(c)-(d)).
- Felony procuring prostitution and promoting prostitution (§ 97-29-51), added to the excluded list by HB 1546 effective July 1, 2026.
- A public official's conviction related to official duties (§ 99-19-71(5)).
- A second felony, if you have already used your one felony expunction.
How long you have to wait
| Record | Waiting period |
|---|---|
| Felony conviction | 3 years after you complete all terms and conditions of the sentenceAll criminal fines and court costs must be paid. The wait was 5 years before July 1, 2026 (HB 1546, 2026 Regular Session). |
How to apply
- Check that the conviction is not on the excluded list and that 3 years have passed since you finished every part of the sentence, including fines and court costs.
- Gather the case number, the court and the date the sentence was completed.
- File a petition for expunction in the court where you were convicted.
- Pay the $150 filing fee to the circuit clerk. More fees apply if the clerk opens the petition as a new civil case.
- Give the district attorney written notice at least 10 days before any hearing (§ 99-19-71(2)(b)).
- If the court sets a hearing, be ready to show you are rehabilitated.
- If the order is granted, the circuit clerk sends a certified copy to the Mississippi Criminal Information Center (§ 45-27-21).
- Where to file
- The court in which you were convicted (§ 99-19-71(2)(a)). The filing fee is collected by the circuit clerk (§ 99-19-72).
- Cost
- Section 99-19-72 sets a $150 filing fee for each petition to expunge under § 99-19-71, collected by the circuit clerk ($100 to the Judicial System Operation Fund, $40 to the District Attorneys Operation Fund and $10 kept by the clerk). A January 19, 2023 Attorney General opinion says that if the petition is filed in the original criminal case, only the $150 is collected, but if it is filed as a new civil case, the clerk also collects the usual civil filing charges: an $85 docket fee, $10, $40 and a $2 court education cost.
- Court hearing
- Sometimes
Expungement
Misdemeanor expunction for first offenders
Same effect as a felony expunction: the conviction is removed from public records and you are restored to the status you had before the arrest, but a nonpublic record is kept to decide whether you are a first offender in any later case, and an employer may still ask whether you have had an expunction order (§ 99-19-71(3)).1,3,7
What it's for: A misdemeanor conviction that is not a traffic violation, for a person who is a first offender.
Who can use it
- You were convicted of a misdemeanor that is not a traffic violation, and you are a first offender (§ 99-19-71(1)).
- The statute sets no waiting period.
- If you were convicted in justice court or municipal court before your 23rd birthday, the justice and municipal court statutes point you to this same route (§§ 9-11-15(4), 21-23-7(7)).
What doesn't qualify
- Traffic violations (§ 99-19-71(1)).
- People who are not first offenders. The state keeps a confidential record of expunctions and nonadjudications so that first-offender status is used only once (§ 45-27-21). If you have more than one misdemeanor, the justice or municipal court route may fit instead.
- A public official's conviction related to official duties (§ 99-19-71(5)).
How long you have to wait
| Record | Waiting period |
|---|---|
| Misdemeanor conviction, first offender | No waiting period is stated in the statute |
How to apply
- Get the case number and the name of the court where you were convicted.
- File a petition for an order to expunge the conviction in that justice, county, circuit or municipal court.
- Ask the clerk what fee applies (see cost).
- The court decides whether to grant the order.
- Where to file
- The justice, county, circuit or municipal court where you were convicted (§ 99-19-71(1)). A July 15, 2026 Attorney General opinion says the municipal court that entered a conviction keeps the power to expunge it unless a statute says otherwise.
- Cost
- Section 99-19-72 sets a $150 fee on each petition under § 99-19-71, to be collected by the circuit clerk. For municipal court, a 2020 Attorney General opinion says the court may not charge a filing fee for an expungement, because § 21-23-7(11) says no filing fee shall be imposed for bringing an action in municipal court. We did not confirm the fee for a petition filed in justice court, so check with the clerk of the court where you file.
Expungement
Justice or municipal court expunction of misdemeanors
After the order you legally stand as though you had never been convicted of the misdemeanor or misdemeanors and may lawfully say so when asked about prior convictions. The order does not apply to the confidential records of law enforcement agencies and does not change your driving record (§§ 9-11-15(3), 21-23-7(6)).3,7
What it's for: Any or all misdemeanor convictions from one justice court or municipal court, after 2 years of good conduct, whether or not you are a first offender.
Who can use it
- The misdemeanor conviction or convictions were entered in the justice court or municipal court you are asking.
- You show in open court that you are rehabilitated, that you have had good conduct for 2 years since your last conviction in any court, and that expunging the record would serve the interest of society (§§ 9-11-15(3), 21-23-7(6)).
- Prior notice goes to the county prosecutor (justice court) or the municipal prosecuting attorney (municipal court).
- The judge may clear any or all misdemeanors from that court. The decision is up to the judge.
What doesn't qualify
- Convictions from a different court: each justice or municipal court can expunge only the misdemeanors entered in that court.
- Driving records kept under Title 63 and the confidential records of law enforcement agencies are not affected.
How long you have to wait
| Record | Waiting period |
|---|---|
| Misdemeanor convictions in justice or municipal court | 2 years of good conduct since your last conviction in any court |
How to apply
- Contact the justice court or municipal court where you were convicted and ask how it handles requests to expunge misdemeanors. We found no statewide form.
- Make sure the prosecutor gets notice before the hearing.
- At the hearing, show your rehabilitation and 2 years of good conduct since your last conviction.
- Where to file
- The justice court or municipal court that entered the conviction (§§ 9-11-15(3), 21-23-7(6)).
- Cost
- We did not find a fee set by statute for this route. For municipal court, a 2020 Attorney General opinion says the court may not charge a filing fee for an expungement (§ 21-23-7(11): no filing fee shall be imposed for bringing an action in municipal court). For justice court, ask the clerk.
- Court hearing
- Yes
Expungement
Expunction of arrests, dismissals and acquittals
The court orders the record of the case expunged. When the Mississippi Criminal Information Center receives a lawful expunction order, it must purge and destroy its records of an arrest that ended in release without charge or in being cleared in court (§ 45-27-9(2)(a), (4)).1,3,9
What it's for: Arrests that ended in release with a dismissal, dropped charges, no disposition or a not-guilty verdict, misdemeanor arrests not charged within 12 months, and completed pretrial intervention.
Who can use it
- You were arrested and released, and the case was dismissed, the charges were dropped, there was no disposition, or you were found not guilty at trial. On petition, the justice, county, circuit or municipal court shall expunge the record (§ 99-19-71(4); see also §§ 99-15-57(2) and 21-23-7(13)).
- You were arrested, cited or held for a misdemeanor and were not formally charged or prosecuted within 12 months of the arrest, or the charge was dismissed. You may apply to the court with jurisdiction over the matter (§ 99-15-59).
- You completed a district attorney's pretrial intervention program. The court makes a noncriminal disposition of the charge, and on petition it shall expunge the record of the dismissed case (§ 99-15-123).
What doesn't qualify
- Cases that ended in a conviction. Use the misdemeanor or felony routes instead.
How long you have to wait
| Record | Waiting period |
|---|---|
| Dismissal, dropped charges, no disposition or acquittal | No waiting period is stated§ 99-19-71(4) |
| Misdemeanor arrest with no formal charge | 12 months from the arrest, or as soon as the charge is dismissed§ 99-15-59 |
How to apply
- Get the arrest date, the case number if there is one, and proof of how the case ended (dismissal, nolle prosequi or acquittal).
- File a petition to expunge in the court that handled the case.
- Pay the fee the clerk charges (see cost).
- Once the order is entered, it goes to the Mississippi Criminal Information Center, which purges the records (§§ 45-27-9, 45-27-21).
- Where to file
- The justice, county, circuit or municipal court that handled the case (§ 99-19-71(4)); for a misdemeanor arrest with no charge, the court with jurisdiction over the matter (§ 99-15-59).
- Cost
- Section 99-19-72 levies a $150 fee on each petition under § 99-19-71, collected by the circuit clerk, and the Attorney General's 2023 opinion says a petition filed as a new civil case also carries the usual civil filing charges. But a 2020 Attorney General opinion says that when a case was dismissed or ended in acquittal, so there is no conviction, the court may not charge the person any fees or fines associated with the case (Miss. Const. art. 14, § 261), and that a municipal court may not charge a filing fee for an expungement. Section 99-15-59 itself sets no fee. Ask the clerk which fees, if any, apply.
Dismissal
Nonadjudication
The court withholds acceptance of your guilty plea while you complete conditions. If you complete them, the court dismisses and closes the case, and on petition it shall expunge the record (§ 99-15-26(4)-(5)). A certified copy of every nonadjudication order goes to a confidential state database that prosecutors and the Attorney General can see on written request; it can be used for habitual-offender status, law enforcement certification and to make sure first-offender status is used only once (§ 45-27-21).3,5,7
What it's for: Felony or misdemeanor cases where the judge holds off on accepting a guilty plea until you complete conditions. It can be used only once.
Who can use it
- In circuit or county court: felony or misdemeanor charges other than crimes against the person, crimes of violence (§ 97-3-2), violations of § 97-11-31, and crimes of taking or misusing funds received through a public office or public employment (§ 99-15-26(1)(a)).
- In justice or municipal court: misdemeanor charges other than crimes against the person (§ 99-15-26(1)(b)).
- Misdemeanor domestic violence charges in any of these courts (§ 99-15-26(1)(c)).
- Conditions can include restitution, up to 960 hours of community service, a fine, treatment, and a period of good behavior of up to 5 years (circuit or county court) or 2 years (justice or municipal court) (§ 99-15-26(2)).
What doesn't qualify
- Anyone who has already received nonadjudication under this section (§ 99-15-26(1)(d)).
- Trafficking in controlled substances under § 41-29-139(f).
- DUI and other implied consent charges, which can be nonadjudicated only under § 63-11-30 (see the DUI section).
- Crimes against the person and crimes of violence.
How long you have to wait
| Record | Waiting period |
|---|---|
| Nonadjudicated case after conditions are completed | No wait after the dismissalThe conditions themselves can last up to 5 years in circuit or county court, or 2 years in justice or municipal court (§ 99-15-26(2)). |
How to apply
- Nonadjudication is decided by the judge in your criminal case when a guilty plea is entered (§ 99-15-26(1)).
- Complete every condition the court sets.
- When the court dismisses the case, file a petition with the same court to expunge the record (§ 99-15-26(5)).
- Where to file
- The circuit, county, justice or municipal court handling the criminal case.
- Cost
- The Attorney General's 2023 opinion repeats a 2011 opinion that a petition to expunge a dismissed case filed as a new matter carries the $85 circuit clerk filing fee (§ 25-7-13(1)(a)), but not if it is filed in the original case. A 2020 Attorney General opinion says that when a case is dismissed without a conviction, including under § 99-15-26(5), the court may not charge the person any fees or fines associated with the case. Ask the clerk.
- The law
- Miss. Code Ann. § 99-15-26
Expungement
First-offense drug possession discharge and expunction
Discharge and dismissal happens without a finding of guilt and is not a conviction for disqualifications or any other purpose, though a nonpublic record is kept. After an expunction order, you are restored to the status you had before the arrest or indictment and cannot be held guilty of perjury for not mentioning the arrest, indictment or trial, though you must tell the court privately if asked while being considered as a juror (§ 41-29-150(d)).11,12
What it's for: A first drug possession or drug paraphernalia case handled with probation instead of a judgment of guilt.
Who can use it
- You have never been convicted under § 41-29-139 or any federal or other state drug law, and you are found guilty, after trial or a guilty plea, of violating § 41-29-139(c) (simple possession) or (d) (drug paraphernalia) (§ 41-29-150(d)(1)).
- With your consent, the court defers the case and places you on probation for up to 3 years without entering a judgment of guilt.
- If you complete probation, the court discharges you and dismisses the case. You may then apply for an expunction order, which the court enters after a hearing if it finds you were discharged and dismissed (§ 41-29-150(d)(2)).
What doesn't qualify
- Anyone with a prior drug conviction.
- Anyone who has already received a discharge and dismissal under this section, since it can happen only once.
- Violations other than § 41-29-139(c) or (d).
How long you have to wait
| Record | Waiting period |
|---|---|
| After discharge and dismissal | No waiting period is statedProbation lasts up to 3 years. |
How to apply
- The judge decides on deferral in your drug case, with your consent.
- Complete the probation conditions.
- After the case is dismissed, apply to the same court for an order of expunction and attend the hearing.
- Where to file
- The court that handled the drug case (§ 41-29-150(d)).
- Cost
- We did not find a fee set out for this route. Ask the court clerk.
- Court hearing
- Yes
Expungement
Automatic expunction of small marijuana possession convictions
For a first or second conviction for possessing 30 grams or less of marijuana (or 10 grams or less of synthetic cannabinoids), the court reports the conviction to the Mississippi Bureau of Narcotics, which keeps a private, nonpublic record for up to 2 years that courts use only to set the penalty for a later conviction. The statute says that record does not count as a criminal record for private or administrative inquiries and that the record of each conviction shall be expunged 2 years after the date of the conviction (Miss. Code Ann. § 41-29-139(c)(2)(A)1.).12
What it's for: First and second convictions for possessing 30 grams or less of marijuana or 10 grams or less of synthetic cannabinoids.
Who can use it
- You were convicted of possessing 30 grams or less of marijuana or 10 grams or less of synthetic cannabinoids, and it was your first or second conviction under § 41-29-139(c)(2)(A).
- Two years have passed since the date of the conviction.
What doesn't qualify
- A third or later conviction under this paragraph: the statute's 2-year record rule covers only first and second convictions.
- Possession of larger amounts of marijuana, and other drugs.
How long you have to wait
| Record | Waiting period |
|---|---|
| First or second conviction for possessing 30 grams or less of marijuana | 2 years from the date of the conviction§ 41-29-139(c)(2)(A)1. |
Happens automatically. The statute says the record of each conviction shall be expunged at the end of 2 years and describes no petition. It does not say whether court records, and not only the Bureau of Narcotics record, are cleared, so check your record after 2 years.
How to apply
- No filing is described in the statute.
- After 2 years, check whether the conviction still appears, for example with the clerk of the court that convicted you.
- If it still appears, ask the clerk or a legal aid office whether to petition under the first-offender misdemeanor route (§ 99-19-71(1)).
- Where to file
- No filing is described. The court that convicted you reports the conviction to the Mississippi Bureau of Narcotics.
- Cost
- The statute describes no fee for this expunction.
- How long it takes
- 2 years after the date of the conviction (§ 41-29-139(c)(2)(A)1.).
Expungement
Intervention court completion
If you complete all intervention court requirements, including paying fines and fees the court did not waive, the charge is dismissed. If you were sentenced when you pleaded guilty, completing the program and the rest of your probation or suspended sentence results in the conviction or adjudication being expunged (§ 9-23-23).11
What it's for: Charges and convictions of people who complete an intervention court (such as drug court) program.
Who can use it
- You complete all requirements of the intervention court, including payment of fines and fees that were not waived (§ 9-23-23).
- If you had not yet been sentenced, the charge is dismissed. If you were sentenced at your guilty plea, the conviction is expunged once you complete the program and probation.
What doesn't qualify
- Implied consent (DUI) violations cannot be expunged through intervention court (§ 9-23-23).
How long you have to wait
| Record | Waiting period |
|---|---|
| Intervention court completion | No waiting period is stated |
How to apply
- Complete every requirement of your intervention court program.
- Ask the intervention court or its coordinator to confirm the dismissal or expunction order was entered.
- Where to file
- The intervention court that supervised you.
- Cost
- We did not find a separate expunction fee for this route.
- The law
- Miss. Code Ann. § 9-23-23
Expungement
First-offense DUI expunction
The record of the conviction is expunged. The Department of Public Safety keeps a permanent confidential registry of DUI expunctions, used only to decide eligibility for a later expunction, nonadjudication or first-offender treatment (§ 63-11-30(13)(b)).11
What it's for: A first-offense DUI conviction for a driver who did not hold a commercial driver's license or learner's permit.
Who can use it
- You were convicted of a first-offense DUI under § 63-11-30(2) or (3) and did not hold a commercial driver's license or commercial learning permit at the time.
- At least 5 years have passed since you successfully completed all terms and conditions of the sentence.
- You did not refuse a blood or breath test, and any test showed a blood alcohol concentration below .16%.
- You have no other DUI conviction or pending DUI charge, and you have never had a DUI nonadjudication or expunction.
- You give the court a justification for why the conviction should be expunged (§ 63-11-30(13)(a)).
What doesn't qualify
- Commercial driver's license or commercial learning permit holders at the time of the offense.
- Anyone who refused a blood or breath test, or whose test showed .16% or more.
- Anyone with a second DUI conviction or a pending DUI charge, or a prior DUI nonadjudication or expunction.
- A second DUI expunction: only one is allowed (§ 63-11-30(13)(b)).
How long you have to wait
| Record | Waiting period |
|---|---|
| First-offense DUI conviction | 5 years after you complete all terms and conditions of the sentence |
How to apply
- Wait 5 years after completing the sentence.
- File a petition to expunge in the circuit court of the county where you were convicted.
- Explain to the court why the conviction should be expunged.
- If granted, the court states its reasons in writing and sends the order to the Department of Public Safety within 5 days (§ 63-11-30(13)(c)).
- Where to file
- The circuit court of the county where the conviction was entered (§ 63-11-30(13)(a)).
- Cost
- We did not confirm the fee for a DUI expunction petition. The $150 fee in § 99-19-72 is written for petitions under § 99-19-71. Ask the circuit clerk.
Vacating a conviction
Vacatur and expunction for human trafficking survivors
The court can vacate (cancel) a conviction or delinquency adjudication under Mississippi's human trafficking law if your participation was the result of being a trafficking victim (§ 97-3-54.6(5)). Since July 1, 2026, the court can also expunge other misdemeanor and non-violent felony convictions that happened while you were being trafficked and as a direct result of it (§ 97-3-54.6(6), added by HB 1546).1,2
What it's for: Convictions of trafficking survivors that resulted from their trafficking.
Who can use it
- Vacatur: at any time after a conviction or delinquency adjudication under the human trafficking law, the court may vacate it on motion if it finds your participation in the offense was the result of being a victim (§ 97-3-54.6(5)).
- Expunction: at any time after a conviction or delinquency adjudication for a misdemeanor, or a felony that is not a crime of violence under § 97-3-2, the court may expunge it on motion if it finds by a preponderance of the evidence that your participation happened while you were being trafficked and was a direct result of the trafficking (§ 97-3-54.6(6), effective July 1, 2026).
- Official documentation from a federal, state or local government agency that you were a victim creates a presumption in your favor, but it is not required.
- Not raising the trafficking defense at trial, or losing on it, does not stop you from asking for expunction (§ 97-3-54.6(7)(b)).
What doesn't qualify
- Crimes of violence listed in § 97-3-2 cannot be expunged under subsection (6).
How long you have to wait
| Record | Waiting period |
|---|---|
| Conviction or adjudication linked to trafficking | None: you may file at any time after the conviction |
How to apply
- File a motion to vacate or expunge in the court where the conviction or adjudication was entered.
- Include any official documentation of your status as a trafficking victim, if you have it.
- Where to file
- The court in which the conviction or adjudication of delinquency was entered (§ 97-3-54.6(5)-(6)).
- Cost
- We did not find a fee set out for these motions.
Automatic clearing
Mississippi has no Clean Slate law, and almost every route needs a petition or motion. The one automatic rule we found is in the drug law: for a first or second conviction for possessing 30 grams or less of marijuana (or 10 grams or less of synthetic cannabinoids), the Bureau of Narcotics keeps a private, nonpublic record for up to 2 years, and the statute says the record of each conviction shall be expunged 2 years after the conviction (Miss. Code Ann. § 41-29-139(c)(2)(A)1.). We could not confirm when that rule took effect, so no date is given. The intervention court statute (§ 9-23-23) says completion will result in expunction but does not say whether a filing is needed. Bills to create broader automatic expungement died in both recent sessions: HB 497, HB 1116 and HB 1117 in 2025, and HB 455, HB 456, HB 757 and HB 1344 in 2026.12,13,14
DUI and DWI records in Mississippi
A first-offense DUI conviction can be expunged once, 5 years after you complete the sentence, by petition to the circuit court of the county of conviction. You must not have held a commercial driver's license or permit, must not have refused a blood or breath test, must have tested below .16% (if tested), must have no other DUI conviction or pending charge and no prior DUI nonadjudication or expunction, and must give the court a justification (Miss. Code Ann. § 63-11-30(13)). Instead of a conviction, a first DUI can also be nonadjudicated once, but not for commercial license holders or anyone with a prior or pending DUI charge; the case goes into a permanent confidential registry kept by the Department of Public Safety (§ 63-11-30(14)). DUI cannot be handled under the general nonadjudication law (§ 99-15-26(1)(d)) or expunged through intervention court (§ 9-23-23). The general misdemeanor expunction law excludes traffic violations (§ 99-19-71(1)). A third or later DUI felony cannot be expunged, and aggravated DUI that negligently causes a death or a serious, permanent injury (§ 63-11-30(5)) and DUI while carrying a child under 16 that seriously injures or kills the child (§ 63-11-30(12)(d)) are crimes of violence that are excluded from felony expunction (§§ 99-19-71(2)(a), 97-3-2(1)(a)). A July 15, 2026 Attorney General opinion, citing a 2020 opinion, says a first-offense DUI conviction must be expunged in circuit court, but a municipal court can expunge a first-offense DUI charge that it nonadjudicated.1,3,4,8,11
Arrests and dismissed charges
If you were arrested and released and the case was dismissed, the charges were dropped, there was no disposition, or you were found not guilty, the justice, county, circuit or municipal court must expunge the record when you petition (Miss. Code Ann. § 99-19-71(4)). A misdemeanor arrest that was not formally charged within 12 months can be expunged on application (§ 99-15-59). Completed nonadjudication (§ 99-15-26) and pretrial intervention (§ 99-15-123) end in dismissal, and the record can then be expunged on petition. The state crime information center must purge and destroy its records once it receives the order (§ 45-27-9). A $150 fee applies to petitions under § 99-19-71 (§ 99-19-72).1,3,10
Marijuana records
A first offense of possessing 30 grams or less of marijuana (or 10 grams or less of synthetic cannabinoids) is punished by a $100 to $250 fine. For a first or second such conviction, the court reports it to the Mississippi Bureau of Narcotics, which keeps a private, nonpublic record for up to 2 years. The statute says that record does not count as a criminal record for private or administrative inquiries and that the record of each conviction shall be expunged 2 years after the conviction (Miss. Code Ann. § 41-29-139(c)(2)(A)1.). It does not say whether court records are cleared too. Other marijuana cases can go through the first-offense drug possession discharge and expunction process (§ 41-29-150(d)), and a misdemeanor conviction may qualify for first-offender misdemeanor expunction (§ 99-19-71(1)) or justice or municipal court expunction. Bills in 2025 and 2026 to make small-amount possession a civil penalty or to legalize marijuana died.11,12,15
What employers can see afterward
After an expunction under § 99-19-71, you cannot be held guilty of perjury or of giving a false statement for not mentioning the arrest, indictment or conviction in response to an inquiry, except when a court is deciding first-offender status. But the same law says an expunction order does not stop an employer from asking a job applicant whether an expunction order has been entered for them (Miss. Code Ann. § 99-19-71(3)). Expunged and nonadjudicated records stay in a confidential state database that the Law Enforcement Standards and Training Board can use for officer certification (§ 45-27-21). We found no Mississippi law limiting when private employers may ask about criminal records. A 2025 bill to create a Ban-the-Box Act for state employers (HB 34) died in committee, and it would not have applied to private employers.1,3,16
Free help in Mississippi
- Mississippi Center for Justice: Expungement
Nonprofit legal services for expungement in all 82 counties, including for people facing financial hardship. As of October 22, 2026, it had paused new eligibility forms while it works through its waitlist.
- MSLegalServices.org
Statewide legal aid site for North Mississippi Rural Legal Services (intake 1-800-898-8731; its online intake was temporarily closed as of October 22, 2026) and Mississippi Center for Legal Services (intake 1-800-519-2915). We found no expungement guide on the site.
Before you file
- You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.18,19,20
- The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.21,22
This page explains Mississippi's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.
Spot something out of date? Tell us at contact@secondchanceindex.com.
Cite this page
Second Chance Index, "Can I clear my record in Mississippi?" https://secondchanceindex.com/record-clearing/mississippi, checked October 22, 2026.
Sources
Each source was opened and checked on October 22, 2026.
- Miss. Code Ann. §§ 99-19-71(2)-(5) (as amended by HB 1546, 2026) and 99-19-72
- House Bill 1546 history: approved by Governor 03/30/2026, effective July 1, 2026Mississippi Legislature
- House Bill 455 (As Introduced, died in committee), 2026: reprints current §§ 99-19-72, 45-27-21, 99-15-26, 99-15-59, 9-11-15 and 21-23-7 with proposed changes markedMississippi Legislature
- Senate Bill 2261 (As Introduced, died in committee), 2023: reprints the list of crimes of violence in § 97-3-2Mississippi Legislature
- Opinion to Hon. Cecelia Bounds: Fees to be Collected Upon Filing Petition for Expungement (January 19, 2023)Mississippi Attorney General's Office
- Pauper's Right to Waiver of Filing FeesMississippi Judiciary
- Opinion to Hon. David F. Delgado: Fees for Expungement (June 26, 2020)Mississippi Attorney General's Office
- Opinion to Hon. Rebecca Phipps: Jurisdiction to Expunge Municipal Court Convictions (July 15, 2026)Mississippi Attorney General's Office
- House Bill 757 (As Introduced, died in committee), 2026: reprints current § 99-15-57Mississippi Legislature
- House Bill 1751 (As Introduced, died on calendar), 2026: reprints current § 99-15-123 (pretrial intervention)Mississippi Legislature
- Miss. Code Ann. § 41-29-150(d)
- House Bill 1613 (As Sent to Governor, approved April 8, 2026), 2026 Regular Session: reprints current § 41-29-139, including the marijuana record rule in (c)(2)(A)1. and paraphernalia in (d)Mississippi Legislature
- All measures, 2026 Regular Session (status of expungement bills)Mississippi Legislature
- All measures, 2025 Regular Session (status of expungement bills)Mississippi Legislature
- 2026 Regular Session bills affecting § 41-29-139Mississippi Legislature
- House Bill 34 (As Introduced, died in committee), 2025: Ban-the-Box Act for public employersMississippi Legislature
- Senate Bill 2228 (Committee Substitute, died on calendar), 2026: reprints § 99-19-71 as it stood before HB 1546Mississippi Legislature
- List of consumer reporting companiesConsumer Financial Protection Bureau
- What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
- Employer Background Checks and Your RightsFederal Trade Commission
- 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
- Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)