A criminal record can follow you long after a case is resolved, showing up on employment background checks, housing applications, professional license reviews, and university admissions. It can also prevent you from owning businesses in certain industries. In many cases, Mississippi law allows that record to be cleared through expungement, restoring you to the legal status you had before the arrest or conviction and eliminating your obligation to disclose it in most circumstances.

At Tollison & Webb P.A., we handle expungements for clients throughout Oxford, Lafayette County, and North Mississippi. We evaluate your eligibility, prepare the petition, and represent you through the process from start to finish. If a past charge or conviction is holding you back, contact us to find out whether expungement is an option.

What Expungement Does

Expungement is the legal process of removing criminal records from public view. Under Mississippi Code § 99-19-71, a successful expungement removes all records related to the arrest, court proceedings, and sentence. After an expungement is granted, the record will not appear on most background checks conducted by employers, landlords, lenders, or academic institutions. In most circumstances, you are not required to disclose the expunged conviction when asked about your criminal history.

It is important to understand what expungement does not do. The district attorney’s office retains a non-public record of the offense. Law enforcement agencies may retain internal records. An expunged record can also be considered in subsequent criminal proceedings if you are charged with a new offense. Expungement clears your public record. It does not erase the event entirely from every government database.

A common misconception worth addressing directly: if your charges were dropped or dismissed, that does not mean the record disappeared. Your arrest and the charge filed against you remain on your record until you actively petition for expungement. Many people carry arrest records from dismissed cases for years without realizing it. Expunging a dismissed charge is generally straightforward and can often be done immediately.

What Can Be Expunged in Mississippi

Non-Conviction Records

If your case was dismissed, the charges were dropped, you were acquitted at trial, the case was nonadjudicated, or you completed a pretrial diversion program, you are generally eligible to expunge the arrest and case records immediately. You do not need to wait a specified period, and you do not need to demonstrate rehabilitation. These are among the most straightforward expungements available under Mississippi law, and there is no good reason to leave a dismissed case on your public record.

Misdemeanor Convictions

A first-time misdemeanor conviction, other than a traffic violation, is generally eligible for expungement in Mississippi. The petition is filed in the court where the conviction occurred, whether that is Justice Court, Municipal Court, or another court of competent jurisdiction.

Additional misdemeanor convictions beyond a first offense may also be eligible for expungement, even if you are not a first-time offender, provided you can demonstrate rehabilitation and two years of good conduct following the conviction. This gives repeat misdemeanor offenders a meaningful path to clearing their record that many people are not aware of.

Felony Convictions

Mississippi allows expungement of one felony conviction in a lifetime. To be eligible, five years must have passed since you completed all terms and conditions of your sentence, including incarceration, probation, and payment of all fines and fees. You must also demonstrate to the court’s satisfaction that you have been rehabilitated.

The following felony offenses are not eligible for expungement under Mississippi law:

• Crimes of violence as defined in Miss. Code Ann. § 97-3-2
• First degree arson
• Drug trafficking
• Third or subsequent DUI offense
• Felon in possession of a firearm
• Failure to register as a sex offender
• Voyeurism
• Witness intimidation
• Abuse, neglect, or exploitation of a vulnerable person
• Embezzlement

If your felony conviction is not on this list, expungement may be available. We evaluate every client’s specific conviction against the eligibility requirements and advise honestly on the likelihood of success.

DUI Convictions

A first-offense DUI conviction is eligible for expungement in Mississippi under specific conditions. All of the following must be true:

• Five years have passed since successful completion of all sentence conditions
• You did not refuse to submit to a blood or breath test, or the test was not offered
• Your BAC was below .16% if test results are available
• You have no prior DUI convictions
• You have no pending DUI charges
• You do not hold a commercial driver’s license

Only one DUI expungement is available in a lifetime. If you meet all of these conditions, expungement can remove a DUI conviction from your public record and eliminate the obligation to disclose it in most circumstances.

Minor in Possession Convictions

A person charged with or convicted of minor in possession of alcohol can petition for expungement one year after the final adjudication of the charge, whether it resulted in a conviction or a dismissal. Given the prevalence of MIP charges in Oxford and the significant consequences they can carry for Ole Miss students, this is one of the most frequently sought expungements we handle.

Drug Court Completions

If you successfully completed the terms of a drug court program, Mississippi law requires that your conviction be expunged. This is automatic upon completion and does not require a separate petition, though we can assist in ensuring the expungement is properly processed and reflected in the relevant records.

The Expungement Process in Mississippi

Expungement in Mississippi is a court process, not an administrative form. It requires filing a formal petition in the court where the original charge or conviction was entered, serving the district attorney’s office, and in some cases appearing before a judge. The process is not insurmountable, but it has specific procedural requirements that must be followed correctly.

Step 1: Verify Eligibility

Before anything else, we review your complete record and confirm eligibility. This includes verifying the nature of the offense, the outcome of the case, your criminal history, and whether sufficient time has passed. Getting this step right matters. Filing an ineligible petition wastes time and money and can complicate future attempts.

Step 2: Obtain Your Records

We obtain copies of the relevant court records, including the charging document, disposition, and sentencing order. These are required attachments to the expungement petition and must accurately reflect the case history.

Step 3: Prepare and File the Petition

We prepare the expungement petition, which sets out the relevant facts, the legal basis for eligibility, and the specific relief requested. The petition is filed with the clerk of the court where the original case was heard, and the district attorney’s office is served with a copy. Under Mississippi law, the filing fee for an expungement petition is $150.

Step 4: Hearing and Order

In some cases the court grants the expungement without a hearing. In others, particularly felony expungements and cases where the district attorney objects, a hearing is scheduled at which we present the case for expungement. If the petition is granted, the court enters an order directing all relevant agencies to expunge the records. We follow up to ensure the order is properly transmitted and complied with.

Expungement for Ole Miss Students and Recent Graduates

Oxford’s identity as a college town means that a significant portion of the criminal charges processed here involve students, recent graduates, or young professionals in the early stages of their careers. MIP charges, fake ID convictions, minor drug possession, simple assault, and disorderly conduct charges from college years can surface years later on background checks at exactly the wrong moment: during a job search, a graduate school application, a professional license review, or a housing application.

If you were charged or convicted of an offense while a student at Ole Miss or any other institution, and sufficient time has passed, expungement may be available. We work with former students who are now years removed from an incident but still carrying it on their record, as well as current students who want to address a recent charge before it becomes a long-term problem. A clean record at the start of a career is worth the investment of the expungement process.

Frequently Asked Questions

How long does an expungement take in Mississippi?

The timeline varies depending on the court and whether a hearing is required. Straightforward non-conviction expungements can sometimes be resolved in a matter of weeks. Felony expungements and cases where the district attorney raises an objection take longer, sometimes several months. We move cases as efficiently as the court’s schedule allows and keep clients informed throughout the process.

Do I need an attorney to file for expungement in Mississippi?

You are not legally required to have an attorney. However, the expungement process involves court filings, service on the district attorney, and in some cases a hearing where you must present evidence of rehabilitation. Errors in the petition or failure to meet procedural requirements can result in denial. An attorney who handles expungements regularly knows what courts expect and how to present a petition that is likely to succeed.

Will an expunged record show up on a background check?

After a successful expungement, the record should not appear on standard background checks conducted by employers, landlords, or academic institutions. Some background check services that rely on older or cached data occasionally surface expunged records in error. If that happens, you have legal recourse. Federal background checks for certain federal employment, security clearances, and law enforcement positions may surface expunged records, as federal agencies are not bound by state expungement orders.

Can I expunge a record if I moved out of Mississippi?

Yes. The expungement petition is filed in the Mississippi court where the original charge or conviction was entered, regardless of where you currently live. We handle expungements for former Mississippi residents who have since moved and want to clear a record from their time in the state. You generally do not need to appear in person for a non-conviction expungement, and we can often handle felony expungement hearings with your participation by arrangement.

Does expungement restore my right to possess a firearm?

Under Mississippi law, a felony expungement restores civil rights including the right to possess a firearm under state law. However, federal firearms law is separate, and a state expungement does not automatically restore federal firearms rights for persons with felony convictions. If restoring firearms rights is important to you, we advise on both the state and federal dimensions of that question as part of the expungement process.

What is the cost of an expungement in Mississippi?

Mississippi law sets the court filing fee for an expungement petition at $150. Attorney fees are separate and vary based on the complexity of the case. Misdemeanor and non-conviction expungements are generally straightforward and less costly. Felony expungements, contested petitions, and cases requiring a hearing involve more work and are priced accordingly. We discuss fees transparently at the outset so there are no surprises.

Speak With an Expungement Attorney in Oxford Today

If you have a criminal record in Mississippi and want to know whether expungement is an option, contact Tollison & Webb P.A. for a consultation. We will review your record, give you an honest assessment of your eligibility, and handle the process if you decide to move forward.

Call us at (662) 234-7070 or contact us online to get started.