Which court can expunge a Mississippi municipal court conviction: the municipal court itself?

Plain-English summary

A Corinth municipal court judge asked the Mississippi Attorney General whether the power to expunge a conviction stays with the municipal court that entered the original judgment, unless a statute says otherwise. The answer was yes.

The opinion pointed to Mississippi Code Annotated Section 99-19-71(1), which lets a first offender convicted of a non-traffic misdemeanor petition the justice, county, circuit, or municipal court "in which the conviction was had" for an order to expunge the conviction from public records. Section 21-23-7(1) gives municipal courts jurisdiction over municipal ordinance violations and state misdemeanors made offenses against the municipality. Read together, the court where the conviction happened keeps jurisdiction to expunge it, unless a statute provides otherwise.

The opinion flagged one notable statutory exception: a first-offense DUI. Under Section 63-11-30(13)(a), an eligible person petitions the circuit court of the county where the DUI conviction happened, not the municipal court. Even so, a municipal court retains authority to expunge a first-offense DUI charge that the municipal court itself nonadjudicated.

What this means for you

Municipal judges and court clerks

For an ordinary first-offense misdemeanor handled in your court, expungement petitions belong in your court, the one where the conviction was entered. Watch for the statutory carve-outs: a first-offense DUI conviction is expunged in circuit court, though you keep authority over a first-offense DUI your court nonadjudicated.

People seeking to clear a record

File your expungement petition in the court where you were convicted, unless a specific statute routes it elsewhere. A first-offense DUI conviction is the main example that goes to circuit court instead.

Common questions

Q: Which court can expunge a municipal conviction?
A: The municipal court in which the person was convicted maintains jurisdiction to expunge it, unless otherwise provided by statute.

Q: What does Section 99-19-71 allow?
A: A first offender convicted of a non-traffic misdemeanor may petition the justice, county, circuit, or municipal court in which the conviction was had for an order to expunge the conviction from all public records.

Q: Is there an exception?
A: Yes. For a first-offense DUI, Section 63-11-30(13)(a) directs the eligible person to petition the circuit court of the county where the conviction occurred.

Q: Can a municipal court ever handle a first-offense DUI expungement?
A: Yes, the municipal court keeps authority to expunge a first-offense DUI charge that the municipal court nonadjudicated.

Background and statutory framework

Mississippi Code Annotated Section 99-19-71(1) permits a first offender convicted of a non-traffic misdemeanor to petition the justice, county, circuit, or municipal court in which the conviction was had for expungement. Section 21-23-7(1) grants municipal courts jurisdiction over violations of municipal ordinances and state misdemeanor laws made offenses against the municipality. Section 63-11-30(13)(a) provides that an eligible first-offense DUI conviction is expunged on petition to the circuit court of the county where the conviction occurred. A prior opinion recognizes that a municipal court still has authority to expunge a first-offense DUI charge it nonadjudicated.

Citations and references

Statutes:
- Mississippi Code Annotated Section 99-19-71(1), first-offender misdemeanor expungement petition
- Mississippi Code Annotated Section 21-23-7(1), municipal court jurisdiction over ordinance and state misdemeanor cases
- Mississippi Code Annotated Section 63-11-30(13)(a), first-offense DUI expungement in circuit court

Prior AG opinions referenced: Booker (Sept. 29, 2020)

Source

• Index page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2026/07/R.-Phipps-July-15-2026-Jurisdiction-to-Expunge-Municipal-Court-Convictions.pdf

Original opinion text

July 15, 2026

The Honorable Rebecca Phipps
Judge, Corinth Municipal Court
Post Office Box 669
Corinth, Mississippi 38835-0669

Re: Jurisdiction to Expunge Municipal Court Convictions

Dear Judge Phipps:

The Office of the Attorney General has received your request for an official opinion.

Question Presented

Does expungement authority remain exclusively with the municipal court that rendered the original judgment, unless otherwise provided by statute?

Brief Response

Yes, the municipal court in which an individual was convicted maintains jurisdiction to expunge such conviction unless otherwise provided by statute.

Applicable Law and Discussion

Mississippi Code Annotated Section 99-19-71(1) provides that "[a]ny person who has been convicted of a misdemeanor that is not a traffic violation, and who is a first offender, may petition the justice, county, circuit or municipal court in which the conviction was had for an order to expunge any such conviction from all public records." (emphasis added). Section 21-23-7(1) provides municipal courts with "the jurisdiction to hear and determine, without a jury and without a record of the testimony, all cases charging violations of the municipal ordinances and state misdemeanor laws made offenses against the municipality and to punish offenders therefor as may be prescribed by law." Accordingly, it is the opinion of this office that, pursuant to Section 99-19-71, the municipal court in which an individual was convicted maintains jurisdiction to expunge such conviction unless otherwise provided by statute.

A notable statutory mandate where the municipal court would not retain jurisdiction is the expungement of a first-offense DUI conviction. Pursuant to Section 63-11-30(13)(a), eligible individuals "may petition the circuit court of the county in which the [first-offense DUI] conviction was had for an order to expunge the record of the conviction." This said, a municipal court maintains the "authority to expunge a first-offense DUI charge that was nonadjudicated by that [municipal] court." MS AG Op., Booker at *1 (Sept. 29, 2020).

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/ Maggie Kate Bobo

Maggie Kate Bobo
Special Assistant Attorney General