How to Get a Criminal Record Expunged in Mississippi Before It Costs You Another Job

If a single arrest or conviction is showing up on background checks years after the case is closed, you already know how much damage a Mississippi criminal record can do — denied jobs, denied apartments, denied loans, and a constant feeling that one mistake is following you everywhere.

The good news is that Mississippi expungement law gives many people a path to clear their record. Done correctly, an expungement removes the case from public criminal databases, lets you legally answer “no” to most questions about the offense, and stops it from showing up on standard background checks.

Here’s how Mississippi expungement actually works, who qualifies, and the most common mistakes people make trying to do it themselves.

What “Expungement” Actually Means in Mississippi

In Mississippi, an expungement is a court order that directs law enforcement and the courts to remove a criminal record from public access. After an expungement is granted:

• The arrest and conviction are sealed from public view
• The records are removed from court databases that feed background check companies
• For most purposes, you can lawfully say the offense did not occur
• The offense generally cannot be considered by employers, landlords, or licensing boards

Expungement is not the same as a pardon, and it’s not automatic. You have to petition the court, meet the statutory requirements, and follow specific procedures.

Who Qualifies for Expungement Under Mississippi Law

Mississippi expungement law is scattered across several statutes — primarily Miss. Code Ann. §§ 99-19-71, 99-15-26, and 99-15-59 — and each covers different categories of offenses. The most common pathways:

• First-offense misdemeanor expungement under § 99-19-71(1). Most first-offense misdemeanors can be expunged after the case is fully resolved (fines paid, probation completed).
• First-offense felony expungement under § 99-19-71(2). One first-offense felony from a defined list of nonviolent offenses can be expunged five years after completion of all conditions.
• Non-adjudication expungement under § 99-15-26. If your case was non-adjudicated and you completed the conditions, the matter can be expunged.
• Pre-trial intervention expungement under § 99-15-59. Cases successfully completed through pretrial diversion can be expunged.
• DUI first-offense expungement under § 63-11-39. A first-offense DUI in Mississippi may be eligible after a five-year wait, with strict conditions.
• Dismissed charges and not-guilty verdicts can typically be expunged regardless of category.

What Cannot Be Expunged in Mississippi

Some convictions are categorically barred from expungement, including:

• Crimes against a person — most violent felonies
• Crimes involving a child as a victim
• Crimes involving a deadly weapon in many cases
• Sex offenses that require registration
• Felonies that resulted in serious bodily injury or death
• Most second or subsequent felonies

If you don’t know whether your specific charge qualifies, the safest answer is to have an attorney pull the disposition and review it against the current statute. Expungement law in Mississippi has been amended several times in the last decade, and what wasn’t eligible five years ago may be eligible now.

How a Mississippi Criminal Record Hurts You — Even Years Later

A criminal record on a background check can cost you:

• Job offers — many employers run background checks before hiring
• Promotions — internal background screenings happen at promotion time, too
• Professional licenses — nursing, teaching, real estate, contracting, and others
• Housing applications — landlords run criminal background checks alongside credit and rental history
• Federal student aid for some drug-related offenses
• Concealed-carry permits
• Custody and divorce proceedings

Read more about background check errors that can cost you a job.

When Background Checks Show Records That Should Already Be Expunged

This is where Mississippi expungement law and the Fair Credit Reporting Act (FCRA) intersect — and where consumers most often get hurt.

Even after a Mississippi court grants an expungement, third-party background check companies don’t always update their databases. They aggregate data from court records, news sources, and other databases, and an old arrest record can keep showing up on background checks for years after it was legally expunged.

That’s a violation of the FCRA. Background check companies are required to:

• Report accurate, complete, and up-to-date information
• Reinvestigate disputes within 30 days
• Remove information they cannot verify
• Notify employers when an adverse action is taken based on a report

If a background check company is reporting an expunged offense, you can dispute it under the FCRA — and if they refuse to remove it, you can sue them for damages. Read more about FCRA violations and how to enforce them.

The Mississippi Expungement Process Step by Step

The process generally follows this pattern, though specific requirements vary by court and case type:

• Pull your complete criminal record. You can request a copy from the Mississippi Department of Public Safety. You need every disposition for every charge, not just the ones you remember.
• Identify the charge or charges that qualify under the relevant Mississippi expungement statute.
• Verify the waiting period has passed. Most expungements require completion of all conditions and a waiting period (zero years for first-offense misdemeanors in many cases, five years for many first-offense felonies and DUIs).
• File a petition for expungement in the court of conviction. The petition must comply with the formal requirements of the statute.
• Serve the prosecuting attorney. The State has the right to respond and, in some cases, to object.
• Pay the filing fee — typically $150 for misdemeanor petitions and higher for felonies, though fees vary.
• Attend the hearing if one is scheduled.
• Obtain certified copies of the order once granted, and use them to push background check companies and licensing agencies to update their records.

The Mistakes That Get Petitions Denied

The most common reasons expungement petitions fail in Mississippi:

• Filing in the wrong court — petitions must be filed in the court of conviction
• Misidentifying the statute — the wrong statutory citation can sink an otherwise valid petition
• Failing to disclose all related charges — judges expect a complete record
• Filing before the waiting period has run
• Failing to satisfy outstanding conditions — unpaid fines, incomplete probation, missing classes
• Filing when the offense is statutorily excluded from expungement
• Inadequate proof of rehabilitation in cases where the statute requires it

Talk to a Mississippi Attorney Before You File

A denied expungement petition can be hard to refile. The court fee isn’t refundable, and a denial in some cases creates issues with refiling later. The right move is to have an attorney pull the record, confirm eligibility, and prepare the petition correctly the first time.

If you’re tired of an old Mississippi case showing up on background checks and costing you opportunities, contact Ware Law Firm for a confidential review. And if a background check company is reporting an offense that has already been expunged, contact us about your FCRA rights — you may be entitled to damages from the company that broke the law.