Mississippi Expungement: HB 1352 Expansion and How to File
Mississippi expanded felony expungement under HB 1352 to cover most non-violent first offenses. Here is who qualifies under Miss. Code 99-19-71 and how to file.
Mississippi was historically one of the most restrictive states for expungement. For years, only a handful of specific offenses — bad checks, shoplifting, drug possession, and a few others — could be expunged. HB 1352 changed that by expanding felony expungement eligibility to cover most non-violent first offenses. If you were told years ago that your Mississippi conviction could not be expunged, the law may have changed since then.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
What HB 1352 changed
Before HB 1352, Mississippi's felony expungement law was extremely narrow. Only five specific felony offenses could be expunged: bad checks, false pretenses, grand larceny, shoplifting, and drug possession. Everything else was permanent on your record, no matter how long ago it happened or how your life had changed.
HB 1352 replaced that short list with a broad category: most non-violent first offenses. Instead of listing the few offenses that qualify, the law now lists the offenses that do not qualify — and everything else is eligible. That is a fundamental shift in approach, and it dramatically expanded who can petition for expungement.
There are still important limits. You can only expunge one felony conviction per lifetime. The conviction must be a first offense. And violent offenses, sex offenses, trafficking, and a few other categories remain permanently excluded.
Who qualifies — and who does not
The HB 1352 expansion made eligibility about what is excluded rather than what is included. If your conviction is not on the exclusion list, it may qualify. Here is the overview.
May qualify
- First offense misdemeanor conviction — after 5 years from sentence completion
- First offense non-violent felony conviction — after 5 years (expanded by HB 1352)
- Drug possession convictions (first offense)
- Property crimes including grand larceny, bad checks, false pretenses, shoplifting (first offense)
- Drug/intervention court completions — upon successful completion (§ 9-23-23)
- Non-adjudication (first offender probation) — upon completion of probation
- Dismissed charges and acquittals — immediately
- Arrests with no charges filed (after 12 months)
Generally does not qualify
- Crimes of violence (as defined by Mississippi law)
- First-degree arson
- Drug trafficking offenses
- Third, fourth, or subsequent DUI
- Felon in possession of a firearm
- Failure to register as a sex offender
- Sex offenses
- Any conviction that is not a first offense — Mississippi limits felony expungement to first offenders only
- Anyone who has already received one felony expungement (one per lifetime)
The 'first offense' requirement is strict. If you have any prior conviction — even a minor misdemeanor — it may affect your eligibility. Mississippi courts interpret 'first offender' based on your complete criminal history. Consult a lawyer or Mississippi Legal Services if you have multiple entries on your record.
Drug court and intervention court — a separate pathway
Mississippi has a separate expungement pathway for people who successfully complete drug court or intervention court programs. Under Miss. Code § 9-23-23, if you successfully complete the requirements of a drug court or intervention court program, the court may enter an order expunging the criminal record associated with that case.
This pathway does not have a 5-year waiting period — expungement is available upon successful completion of the program. If you went through drug court in Mississippi, talk to your drug court coordinator about the expungement process.
Waiting periods
Mississippi measures the waiting period from the date you completed all conditions of your sentence — including probation, parole, payment of all fines, and payment of all restitution. If any of those are outstanding, the clock has not started.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
First offense misdemeanor conviction
Clock starts: Date all conditions of sentence are satisfied (probation, fines, restitution)
Must be a first offense. All financial obligations must be paid in full.
First offense non-violent felony conviction
Clock starts: Date of successful completion of all terms of sentence
Expanded by HB 1352 to cover most non-violent felonies. Limited to one felony expungement per lifetime.
Drug court or intervention court completion
Clock starts: Date of successful completion of drug/intervention court requirements
Under Miss. Code § 9-23-23. The court enters an order of expunction upon successful completion.
Non-adjudication (first offender status)
Clock starts: Date of successful completion of probation conditions
If the court placed you on probation without entering a formal conviction (non-adjudication), expungement is available upon completion.
Dismissed charges or acquittal
Clock starts: Date of dismissal or acquittal
No waiting period for non-conviction records.
Arrest with no charges filed (more than 12 months)
Clock starts: Date of arrest
If 12 months pass from the arrest date and no charges are filed, you may petition for expungement.
How to file for expungement in Mississippi
The Mississippi expungement process
- 1
Get your Mississippi criminal history
1-3 weeks$32Request your official criminal history from the Mississippi Department of Public Safety, Criminal Information Center. This shows every Mississippi arrest and conviction and is the authoritative record for confirming your eligibility.
Contact the Mississippi Criminal Information Center at dps.ms.gov. You will need to submit fingerprints for the official record.
- 2
Determine your eligibility
1-2 hoursFreeMississippi has multiple expungement pathways. The most common are: first offense misdemeanor (§ 99-19-71), first offense non-violent felony (§ 99-19-71 as expanded by HB 1352), drug/intervention court completion (§ 9-23-23), and non-adjudication. Identify which pathway applies to your specific case.
The first-offense requirement is strict. If you have any prior conviction — even a minor one — it may disqualify you from using the first-offense pathway. Check your complete criminal history first.
- 3
Prepare the petition for expungement
1-2 hoursFreeDraft a Petition for Expungement and file it with the circuit court in the county where the conviction or arrest occurred. Mississippi does not have a single statewide form — some counties have local forms, and others accept petitions in a general format. Contact the circuit clerk to ask what format they require.
Include your case number, the offense, the disposition, the date you completed your sentence, and the statutory basis for your petition (cite the specific code section).
- 4
File the petition and pay the filing fee
1 day$150-$250 (varies by county)File the petition with the circuit clerk. Mississippi charges a filing fee that varies by county — typically between $150 and $250. The clerk will assign a hearing date.
Ask about fee waivers or payment plans when you file. Some counties offer fee waivers for indigent petitioners.
- 5
Serve the District Attorney
30 days for DA reviewService fees varyServe a copy of the petition on the District Attorney for the county. The DA reviews the petition and may object. If the DA does not file an objection, the court may grant the petition without a contested hearing.
- 6
Attend the hearing
15-30 minutesFreeMississippi courts typically schedule a hearing for expungement petitions. The judge reviews your eligibility, considers the DA's position, and decides whether to grant the expungement. Bring documentation of your sentence completion and evidence of your rehabilitation.
Dress professionally and bring proof of sentence completion, employment records, and any documentation of community involvement or rehabilitation since your conviction.
- 7
Court issues the expungement order
30-90 days for records to updateFreeIf the court grants the petition, it issues an Order of Expungement directing the Mississippi Department of Public Safety, the arresting agency, and other relevant entities to expunge the record. The record is removed from public access.
Keep certified copies of the order. Send copies to private background check companies if they still show the record after 90 days.
Costs
Filing fees in Mississippi vary by county, typically ranging from $150 to $250. There is also the $32 fee for your criminal history from the Department of Public Safety. The total out-of-pocket cost without a lawyer is roughly $200-$300.
Fee waivers may be available for indigent petitioners — ask the circuit clerk when you file. Mississippi Legal Services may also be able to help cover filing costs for qualifying clients.
- After expungement, the record is removed from public access in Mississippi state databases
- You can legally deny the conviction on most job and housing applications
- Federal records (FBI/NCIC) are not affected — federal background checks may still show the record
- Immigration consequences remain — federal immigration law does not recognize state expungement
- Law enforcement retains access to expunged records for law enforcement purposes
- Private background check companies may take 60-90 days to update — send the court order directly
- You are limited to one felony expungement per lifetime under Mississippi law
Free legal help in Mississippi
- Mississippi Center for Legal Services — free civil legal help for income-eligible residents: mscenterforlegalservices.org or 1-800-498-1804
- North Mississippi Rural Legal Services: nmrls.com or 1-800-898-8731
- Mississippi Volunteer Lawyers Project: mvlp.net — pro bono legal help
- Mississippi Bar Association Lawyer Referral Service: msbar.org — reduced-fee consultations
- Mississippi Department of Public Safety: dps.ms.gov — criminal history requests
- ExpungeMississippi.com — community resource with Mississippi expungement information
Mississippi Center for Legal Services handles expungement cases for income-eligible residents. Contact them to see if you may be eligible — they can help determine your eligibility and assist with the petition.
Ready to file? We handle the paperwork.
Pre-filled court forms, step-by-step checklist, text reminders at every milestone. $149.