Can I Get a Felony Expunged in Mississippi?

Can You Get a Felony Expunged in Mississippi?

In Mississippi, certain felonies can be expunged under state law. But eligibility is limited. You must file a petition in the court where the conviction occurred. Under Mississippi law, a person convicted of a felony may petition for expungement of one conviction from all public records. Not every felony qualifies. The court has discretion to grant or deny the petition.

Can I get an expungement for a felony? Three things decide whether you qualify: the offense itself, your record, and whether you have met every step the statute sets out. This article covers general information about Mississippi's expungement law. It is not legal advice for any specific case. A criminal law attorney can review your record and tell you where you stand.

Which Felonies Qualify for Expungement in Mississippi?

Mississippi law allows one felony expungement per person. The offense must also fall outside ten excluded categories. These felonies cannot be expunged:

• A crime of violence. The list takes in murder, rape, robbery, kidnapping, aggravated assault, manslaughter, carjacking, and burglary of a dwelling, among others.
• First-degree arson, which covers the willful burning of a home, a state-supported school building, or a place of worship.
• Trafficking in controlled substances, which the statute sets by the weight or the dosage units involved.
• A third, fourth, or subsequent offense DUI, each of which the statute makes a felony.
• Felon in possession of a firearm, or of certain knives, metallic knuckles, or a silencer.
• Failure to register as a sex offender, which also takes in false or forged registry information.
• Voyeurism, which the statute defines as peeping or spying for a lewd purpose.
• Witness intimidation, such as a threat meant to shape or to silence testimony.
• Abuse, neglect, or exploitation of a vulnerable person.
• Embezzlement, whether by a public officer or by anyone trusted with money through a job.

If your conviction does not fall in one of these ten categories, you may be eligible. Two further limits still apply. A judge may classify a felony that is not on the list as a crime of violence. That can happen at sentencing, in a case that carries at least five years, where the facts show the use or the threat of force. And no public official may expunge a conviction tied to their official duties.

The statute also treats "one conviction" as taking in all convictions that arose from a common nucleus of operative facts. The court decides that question in its discretion. A Mississippi criminal defense attorney can read your conviction against the statute and tell you whether the offense qualifies.

Charges that never became convictions are a separate matter. If you were arrested and the case was dismissed, the charges were dropped, there was no disposition, or a court found you not guilty, the court must expunge that record when you petition for it.

Waiting Periods and Eligibility Requirements

Meeting the offense test is only the first step. Mississippi law sets more conditions before a person may file a felony expungement petition.

Under Mississippi law, you must wait five years after successfully completing all terms and conditions of your sentence. That means you have finished any jail or prison time, probation, parole, and every other condition the court set. You must also have paid all criminal fines and court costs imposed in the sentence of conviction.

The statute limits each person to one felony expungement. If you have already had a felony expunged under this section, you cannot get a second one. Pending charges or later convictions may affect your eligibility. The court reviews each petition on its own facts and may grant it or deny it.

Before you file, check that every part of your sentence is complete. Make sure the full five-year wait has passed. A lawyer can help you check the dates and spot anything in your criminal record that could stand in the way.

How to Expunge a Misdemeanor in Mississippi

A misdemeanor follows a separate path, and the test is broader than the one for a felony. Which path you take depends on the court that entered the conviction.

Under Mississippi law, a first-time offender convicted of a misdemeanor that is not a traffic violation may petition the court of conviction. The petition asks for an order to expunge that conviction from all public records. This applies to convictions in justice, county, circuit, or municipal courts.

For municipal court convictions, under Mississippi law you must show rehabilitation and good conduct for two years since the last conviction in any court. You must also show that the best interest of society would be served. You make that showing in open court, after notice to the municipal prosecuting attorney. The court may then order the record of conviction expunged, though the choice rests with the judge. Such an order does not reach the confidential files of law enforcement, and it has no effect on your driving record.

It is important to distinguish true expungement from first-offender nonadjudication. Under that statute, a court may hold off on accepting a guilty plea. The court may impose conditions such as restitution, public service, treatment, or a term of good behavior. If you meet those conditions, the court dismisses the case. This is not the same as expunging a conviction. Instead, it keeps the conviction from being entered at all. Nonadjudication is closed to crimes against the person and to crimes of violence. It is also closed to drug trafficking, to funds taken through a public office or a job, and to offenses under the Mississippi Implied Consent Law. A person who has already used the statute cannot use it again for a repeat offense.

The Felony Expungement Petition Process

Filing a felony expungement petition in Mississippi takes several steps. Each one has its own statutory demands.

Gather Your Records

Start by getting certified copies of the conviction record from the court where the conviction was entered. You will also need proof that all fines, costs, and sentence conditions have been met. These records are the base of your petition.

Draft and File the Petition

The petition must be filed in the court where the conviction occurred. It should identify the conviction. It must show that the offense qualifies under Mississippi law. It must show that the five-year wait has passed. The petition must also show that all criminal fines and court costs have been paid. Under Mississippi law, a filing fee of one hundred fifty dollars is assessed on each expungement petition.

Serve the District Attorney

The statute requires you to give the district attorney ten days' written notice before any hearing on the petition. The district attorney may read the petition and object. An objection can rest on a failure to meet the statutory test. Other concerns about the petition may also support one.

Attend the Hearing

At the hearing, the judge weighs your eligibility and your proof of rehabilitation. The court must determine, on the record or in writing, that you are rehabilitated from the offense. The district attorney may raise objections. The judge has full discretion to grant or deny the petition. If the court denies the petition, its findings must be identified specifically, not generally.

Receive the Court's Order

If the court grants the petition, it enters an order of expungement. The conviction is then removed from all public records. A nonpublic record stays with the Mississippi Criminal Information Center, used only to decide first-offender status in a later case. The district attorney's office may also keep a nonpublic record for law enforcement purposes only.

What an Expungement Does – And Does Not – Do

An order of expungement carries real weight. It also has limits. You should know both before you file.

Under Mississippi law, an expungement order restores you to the status you occupied before any arrest or indictment for the conviction. After expungement, you are not guilty of perjury for failing to disclose the arrest, indictment, or conviction in response to most inquiries.

However, several exceptions apply:

• Law enforcement access. The Mississippi Criminal Information Center keeps a nonpublic record. The district attorney's office may keep one for law enforcement purposes.
• Employer inquiries. An employer may ask a job seeker whether an expunction order has been entered on their behalf. The statute does not bar the question.
• Jury service. If you are called as a prospective juror and the court asks, you must advise the judge in camera of the previous conviction and expungement. The judge then tells the lawyers, before the jury is picked.
• Firearm rights. The expungement statute says nothing about guns. Mississippi's weapons statute bars anyone convicted of a felony from having a firearm unless they hold a pardon, a certificate of rehabilitation, or relief from disability under federal law. Ask a lawyer about your own record first.
• Future proceedings. The nonpublic record exists to show whether you count as a first offender in any later petition.

Common Reasons Expungement Petitions Are Denied

Mississippi courts turn down expungement petitions for several reasons. Knowing them can help you avoid a denial you could have prevented.

• Ineligible offense. The conviction falls in an excluded category, such as a crime of violence, trafficking, or embezzlement.
• Incomplete sentence. You have not finished every term of the sentence, among them jail time, probation, or parole.
• Unpaid fines or costs. The statute requires payment of all criminal fines and court costs before a petition may be filed.
• Waiting period not met. Five years have not passed since you completed the sentence.
• Prior felony expungement. You have already had one felony expunged and cannot get a second.
• Insufficient rehabilitation evidence. The court must find that you are rehabilitated. If the proof falls short, the judge may turn the petition down.
• District attorney objection. The district attorney may object and argue that the petition should be denied.
• Incomplete paperwork. Missing papers, a failure to give the ten-day notice to the district attorney, or other defects of procedure can lead to a denial.

A lawyer can spot the gaps before you file. This step protects your time and money. Early preparation matters, because the court must be able to find on the record that you are rehabilitated.

Get Expungement Help From a Mississippi Defense Attorney

If you believe you may qualify for felony or misdemeanor expungement, contact an experienced Mississippi defense attorney. At Vic Carmody, Jr., P.A., we focus on criminal defense in Mississippi courts. We handle felony expungement petitions in circuit courts.

A free consultation covers reviewing your conviction and confirming whether your offense qualifies under the statute. We assess whether the five-year waiting period has passed. We discuss whether filing a petition makes sense for your situation. Every case is different. What you qualify for turns on the conviction, on how the sentence ended, and on the rest of your record.

We cannot guarantee any outcome – the court has discretion over every expungement petition. But we can help you weigh your options and prepare the strongest petition possible. Contact Vic Carmody, Jr., P.A. today to discuss your case.

Frequently Asked Questions About Mississippi Expungement

How Long Does the Felony Expungement Process Take in Mississippi?

The timeline varies by court. After filing the petition, you must give the district attorney at least ten days' written notice before the hearing. The court then sets a hearing when its calendar allows. The process may take several weeks to several months from filing to a final order. The court's docket and whether the district attorney objects affect the timeline.

How Much Does It Cost to Expunge a Felony in Mississippi?

Under Mississippi law, the filing fee for an expungement petition is one hundred fifty dollars. You may also pay for certified copies of conviction records and for attorney's fees. The circuit clerk collects the fee, keeps ten dollars of it for administration, and the rest goes to the State General Fund.

Can I Expunge More Than One Felony in Mississippi?

Mississippi law allows only one felony expungement per person. The statute treats "one conviction" as taking in all convictions that arose from a common nucleus of operative facts. The court makes that call in its discretion. So several charges from the same incident may count as a single conviction for this purpose.

Will an Expunged Felony Show Up on a Background Check?

An expunged felony is removed from all public records. It should not show up on a standard background check. Law enforcement agencies do keep a nonpublic record. The statute also lets an employer ask whether you have had an expunction order entered on your behalf.

Does Expungement Restore My Right to Own a Firearm?

An expungement order restores you, in the eyes of the law, to the status you held before the arrest. The expungement statute itself says nothing about guns. Mississippi's weapons statute bars anyone convicted of a felony from having a firearm unless they hold a pardon, a certificate of rehabilitation, or relief from disability under federal law. Ask a Mississippi attorney about your own record before you possess a firearm.