Mississippi Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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US-02243BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

Upon petition to the Court, Mississippi law requires the Court to expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of the case. Miss. Code Ann. § 99-19-71(4).

The standard filling fee for expungement is under $150 under the state statute, plus the costs of hiring an attorney. You must retain a Mississippi expungement lawyer or attorney and a Petition for Expungement must be filed.

House Bill 122. AN ACT TO AMEND SECTION 99-19-71, MISSISSIPPI CODE OF 1972, TO AUTHORIZE EXPUNGEMENT FOR UP TO THREE FELONY CONVICTIONS IF 15 YEARS OR MORE HAVE PASSED SINCE A PERSON'S LAST FELONY CONVICTION; TO PROVIDE RESTRICTIONS FOR SUCH EXPUNGEMENT; AND FOR RELATED PURPOSES.

The standard filling fee for expungement is under $150 under the state statute, plus the costs of hiring an attorney. You must retain a Mississippi expungement lawyer or attorney and a Petition for Expungement must be filed.

For example, the person seeking to expunge the record must wait five years after the successful completion of all terms and conditions of the sentence of conviction prior to seeking expungement of the record.

You may be eligible for an expungement of a conviction if you have misdemeanor convictions or a single felony conviction under Mississippi law. You may only have one felony offense expunged.

A misdemeanor stays on your record for life unless you successfully petition for expungement. There is no preset ?expiration date? for misdemeanor crimes. Even though misdemeanor offenses are less serious than felonies, they are still serious breaches in the eyes of the law.

Persons convicted of a felony may not possess a firearm unless pardoned, granted federal relief under 18 U.S.C. § 925(c), or granted a ?certificate of rehabilitation? by a court. See Miss. Code Ann.

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Mississippi Petition for Expungement of Record in Case of Acquittal and Release without Conviction