When you file an expungement petition in Mississippi, do you pay just the $150 statutory fee or are there other civil filing fees on top of it?

Plain-English summary

The Greene County circuit clerk asked a deceptively simple question: when somebody files a petition for expungement under § 99-19-71, what fees do you collect? Is the $150 statutory fee in § 99-19-72 the whole bill, or do the regular civil filing fees apply on top?

Background. The Administrative Office of Courts (AOC) issued a directive that expungement petitions should be filed as civil actions. That changed the operational picture for clerks and petitioners. Under the AOC directive, the expungement petition opens a new civil case file rather than reactivating the original criminal case file.

The AG could not opine on the AOC directive itself (the AG cannot opine on rules and regulations of other agencies under § 7-5-25), so it answered the underlying statutory fee question.

§ 99-19-72(1) levies a $150 fee on each expungement petition under § 99-19-71. The fee splits: $100 to the Judicial System Operation Fund, $40 to the District Attorneys Operation Fund, $10 retained by the clerk for administration. That's the expungement-specific fee, owed always.

§ 25-7-13 sets fees for civil case filings in circuit court. Subsection (1)(a) requires $85 "for docketing, filing, marking, and registering each complaint, petition and indictment." Subsection (1)(c) requires $10 for the Comprehensive Electronic Court Systems Fund. Subsection (1)(d) requires $40 for the Judicial System Operation Fund. § 37-26-3(1) layers on $2 for court education and training.

The AG had previously addressed an analogous question for § 99-15-26 expungements (the statute covering arrest-only or dismissed-charge cases) in MS AG Op., French (July 1, 2011). The French opinion said: if the expungement petition is filed as a new matter, you charge the new-filing fees; if it is filed inside the original criminal case, you don't charge the new-filing fees.

The AG applied the same logic to § 99-19-71 / § 99-19-72 expungements. Inside the original criminal case: $150 only. As a new civil filing: $150 plus all the regular civil filing fees ($85 + $10 + $40 + $2 = $137 in additional fees, for a total of $287).

The AG did not say which way the petition has to be filed. The statutes don't require either approach. The choice rests with the petitioner and the local court, and the AOC's directive sits on top.

What this means for you

If you are filing an expungement petition in Mississippi

If you are filing under § 99-19-71 (the general expungement statute), the fee structure depends on how you file. Filing inside the original criminal case (if the original case is still open in the system or is reopened): $150. Filing as a new civil action (which the AOC directive contemplates): $150 plus about $137 in standard civil filing fees, totaling roughly $287.

Ask the circuit clerk how the local court handles expungement petitions. Some courts may require the new-civil-filing approach per the AOC directive. Some may allow filing in the original criminal case. The fee you pay tracks the filing path.

If cost is a concern, ask whether you qualify for an in forma pauperis (IFP) waiver. § 11-53-17 provides for IFP filings in civil cases on a showing of inability to pay. Expungement petitioners who are indigent may qualify.

If the original case is in a different court (justice court, municipal court), the expungement petition may need to be filed in that court rather than circuit court, which would change the fee schedule.

If you are a criminal defense attorney advising a client on expungement

Cost is part of the cost-benefit analysis for an expungement client. Quote the full potential fee ($287 if filed as a new civil action; $150 if filed in the original criminal case), plus your own fees. Confirm the local court's filing convention before quoting.

If the client has multiple cases to expunge, each petition gets its own fee. Bundling petitions in one filing does not reduce the per-petition fees set by § 99-19-72. Clarify the per-petition vs per-filing nature of the fees with the local clerk before you file.

For § 99-15-26 expungements (no-disposition or dismissed cases), the French (2011) opinion provides parallel analysis. Same logic.

If you are a circuit clerk

Charge the $150 § 99-19-72 fee on every § 99-19-71 expungement petition, regardless of how it is filed. If the petition is filed as a new civil action under the AOC directive, also charge:
- $85 (docketing fee, § 25-7-13(1)(a))
- $10 (electronic court systems fund, § 25-7-13(1)(c))
- $40 (judicial system operation fund, § 25-7-13(1)(d))
- $2 (court education and training, § 37-26-3(1))

Total: $287 if filed as new civil action, $150 if filed in the original criminal case.

The fund splits matter for your monthly remittance:
- $100 of the $150 → Judicial System Operation Fund
- $40 of the $150 → District Attorneys Operation Fund
- $10 of the $150 → retained by your office
- Plus the standard fund splits for the civil filing fees if charged

Document the fee category for each petition you process. State Auditor field examiners check this.

If you are an indigent expungement petitioner

Mississippi allows in forma pauperis filing under § 11-53-17 on showing of inability to pay. File a sworn statement of indigency with your petition. The court can waive the filing fees. The $150 expungement fee may be subject to similar treatment (different statute, different waiver mechanism); ask the clerk and consider speaking with a legal aid organization.

The Mississippi Volunteer Lawyers Project, the Mississippi Center for Justice, and local legal aid clinics handle expungement cases for indigent clients in some counties.

If you are an Administrative Office of Courts staff member

The Bounds opinion explicitly does not address the AOC directive's authority. The AG was clear that it cannot opine on another agency's rules and regulations. The opinion only resolves the underlying statutory fee question. If clerks need clarification on the AOC directive itself, that is an internal AOC matter.

If you are an employer or licensing agency relying on background checks

Expungement under § 99-19-71 prevents the offense from being reported in most contexts. The fee structure does not affect the substantive expungement effect.

Common questions

Q: What is the total cost of an expungement in Mississippi?
A: It depends on the filing path. Filed in the original criminal case: $150. Filed as a new civil action: roughly $287. Plus attorney fees if you hire counsel.

Q: Why does it cost more if filed as a new civil action?
A: The new civil case triggers the standard civil filing fees in § 25-7-13 plus the court education fee in § 37-26-3. Those fees apply to "every civil case filed."

Q: Can the court waive the fees if I cannot afford them?
A: Generally yes for indigent petitioners. § 11-53-17 provides the in forma pauperis framework. File a sworn affidavit of indigency with your petition.

Q: Does this fee apply to expungements under other statutes (juvenile, drug court, first-time offender)?
A: This opinion specifically addresses § 99-19-71 expungements and the related § 99-19-72 fee. Other expungement statutes may have different fee structures. The French (2011) opinion addressed § 99-15-26 (arrest-only or dismissed-case) expungements.

Q: Where do my fees go?
A: From the $150: $100 to the state Judicial System Operation Fund, $40 to the District Attorneys Operation Fund, $10 to the local circuit clerk's office. The civil filing fees go to a similar split of state and local funds.

Q: Can I file multiple expungement petitions at once?
A: Yes, but each petition typically gets its own filing fee. Confirm with the local clerk before filing.

Q: Does this opinion say I must file expungement petitions as new civil actions?
A: No. The AG explicitly declined to opine on the AOC directive that contemplates the new-civil-filing approach. The opinion only addresses the fee implications of either path.

Q: What if my expungement is denied? Do I get my fees back?
A: No. Filing fees are non-refundable. The clerk has earned the fees by docketing the petition.

Background and statutory framework

Mississippi expungement law is scattered across several statutes. § 99-19-71 is the general expungement statute (offenses that meet eligibility criteria). § 99-19-72 sets the $150 fee on each § 99-19-71 petition and specifies the fund splits. § 99-15-26 covers arrest-only or dismissed cases. Other statutes cover juvenile records, drug court completion, and other specialized categories.

Civil filing fees in circuit court are set by § 25-7-13. The relevant subsections for civil cases:
- (1)(a): $85 docketing/filing/marking/registration fee
- (1)(c): $10 to the Comprehensive Electronic Court Systems Fund (§ 9-21-14)
- (1)(d): $40 to the Judicial System Operation Fund (§ 9-21-45)

§ 37-26-3(1) adds a $2 court education and training fee on civil cases in chancery, circuit, county, justice, and municipal courts.

§ 7-5-25 limits the AG to questions of state law and excludes opinions on rules and regulations of other agencies. This is why the AG could not opine on the AOC directive directly.

The French (2011) opinion provided the analytical framework: if a post-judgment petition (like expungement) is filed as a new civil matter, it triggers the new-filing fees; if it is filed inside the original case, it does not. The Bounds (2023) opinion applies that framework to § 99-19-71 expungements.

Citations

• Miss. Code Ann. § 7-5-25 (limits on AG opinion authority)
• Miss. Code Ann. § 9-21-14 (Comprehensive Electronic Court Systems Fund)
• Miss. Code Ann. § 9-21-45 (Judicial System Operation Fund)
• Miss. Code Ann. § 25-7-13 (circuit clerk civil case fees)
• Miss. Code Ann. § 25-7-13(1)(a) ($85 docketing fee)
• Miss. Code Ann. § 25-7-13(1)(c) ($10 electronic court systems fund)
• Miss. Code Ann. § 25-7-13(1)(d) ($40 judicial system operation fund)
• Miss. Code Ann. § 37-26-3(1) ($2 court education and training cost)
• Miss. Code Ann. § 99-15-26 (expungement of arrest-only or dismissed cases)
• Miss. Code Ann. § 99-19-71 (general expungement statute)
• Miss. Code Ann. § 99-19-72 ($150 expungement filing fee)
• MS AG Op., French (July 1, 2011) (filing fees for § 99-15-26 expungement petitions)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/01/C.Bounds-January-19-2023-Fees-to-be-Collected-Upon-Filing-Petition-for-Expungement.pdf

Original opinion text

January 19, 2023
The Honorable Cecelia Bounds
Circuit Clerk, Greene County
Post Office Box 310
Leakesville, Mississippi 39451
Re:

Fees to be Collected Upon Filing Petition for Expungement

Dear Ms. Bounds:
The Office of the Attorney General has received your request for an official opinion.

Question Presented
Is the $150.00 filing fee in Mississippi Code Annotated Section 99-19-72 the sole fee to be
collected upon filing a petition for expungement pursuant to Section 99-19-71 if filed as a new
civil filing?
Brief Response
If a petition for expungement pursuant to Section 99-19-71 is filed as part of the original criminal
filing, then only the $150.00 fee enumerated in Section 99-19-72 shall be collected. However, if
the petition for expungement is filed as a new civil filing, all other applicable, statutorily required
fees that a circuit clerk must charge when a civil case is filed shall be collected in addition to the
$150.00 fee required by Section 99-19-72.
Applicable Law and Discussion
Your request details a new directive from the Administrative Office of Courts regarding the filing
of expungement petitions as civil actions. However, this office is limited to opining on prospective
questions of state law only and cannot opine on rules and regulations of other state agencies. Miss.
Code Ann. § 7-5-25. To the extent your request asks about a rule or regulation handed down from
another state agency, we must decline to respond by official written opinion. We offer the
following statutory interpretation for prospective purposes only.

Section 99-19-72(1) provides, in relevant part, "[a] filing fee of One Hundred Fifty Dollars
($150.00) is hereby levied on each petition to expunge an offense under Section 99-19-71 to be
collected by the circuit clerk. . . ." One hundred dollars ($100.00) is to be deposited into the
Judicial System Operation Fund, forty dollars ($40.00) is to be deposited into the District
Attorneys Operation Fund, and ten dollars ($10.00) is to be retained by the circuit clerk collecting
the fee for administration purposes. Id.
Section 25-7-13 provides a list of fees that shall be charged by the clerks of the circuit court, which
includes certain fees to be charged for every civil case filed. First, the clerks of the circuit court
shall charge eighty-five dollars ($85.00) for "docketing, filing, marking, and registering each
complaint, petition and indictment." Miss. Code Ann. § 25-7-13(1)(a). Second, Section 25-7-13(1)(c) requires a ten-dollar ($10.00) fee be charged "[f]or every civil case filed," which must
"be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in
Section 9-21-14." Third, "[f]or every civil case filed, an additional fee to be deposited to the credit
of the Judicial System Operation Fund established in Section 9-21-45" in the amount of forty
dollars ($40.00) shall be charged by the circuit clerk pursuant to Section 25-7-13(1)(d).
Additionally, Section 37-26-3 provides, in relevant part:
In addition to any other fees or costs now or as may hereafter be provided by law,
there is hereby charged in all civil cases in the chancery, circuit, county, justice and
municipal courts of this state a court education and training cost in the amount of
Two Dollars ($2.00). . . . Such cost shall be collected by the clerk or judicial officer
from the party bringing the civil action at the time of filing and taxed as costs.
Miss. Code Ann. § 37-26-3(1).
The statutes do not impose a requirement that petitions for expungement be filed as a new civil
matter. This office was previously asked whether the fees for civil filings in Section 25-7-13 would
apply to petitions for expungement pursuant to Section 99-15-26, which provides for the
expungement of the record in a case where 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.
MS AG Op., French at 1 (July 1, 2011). In response, we opined that "[i]f the matter returns to
court as a new matter under a new petition, the $85.00 filing fee pursuant to Section 25-7-13(1)(a)
shall be charged. If the new document is being filed as part of the original case, the $85.00 would
not be applicable." French at 1. We are still of the same opinion that if a petition for expungement
under Section 99-19-71 is filed as part of the original criminal case, then only the $150.00 fee
under Section 99-19-72(1) is required. If such petition is filed as a new civil case, then the
applicable filing fees for a civil action shall apply in addition to the $150.00 fee required under
Section 99-19-72(1).

If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By:

/s/ Abigail C. Overby
Abigail C. Overby
Special Assistant Attorney General