Expungement / Record Sealing Petition and Eligibility Memo — Mississippi

Mississippi § 99-19-71 Expunction Petition and Eligibility Memo

Quick Reference

PART A — ELIGIBILITY MEMORANDUM

To: [________________________________]

From: [________________________________]

Date: [__/__/____]

Re: § 99-19-71 eligibility of [CLIENT NAME]

I. Matter Reviewed

Client: [________________________________]

Court: [________________________________]

Cause No.: [________________________________]

Arrest date: [__/__/____]

Disposition / conviction date: [__/__/____]

Offense and statute: [________________________________]

Documents reviewed:

• ☐ certified disposition or sentencing order;
• ☐ clerk payment record;
• ☐ proof of completion of sentence terms and conditions;
• ☐ criminal-history record;
• ☐ prior expunction orders or petitions;
• ☐ charging instrument and related case records; and
• ☐ other: [________________________________].

II. Identify the Statutory Track

A. Misdemeanor First-Offender Track — § 99-19-71(1)

The client must have been convicted of a misdemeanor that is not a traffic violation and must be a first offender. The petition is filed in the justice, county, circuit, or municipal court in which the conviction occurred.

B. Felony Track — § 99-19-71(2)

For a petition filed under the law effective July 1, 2026, the client must have paid all criminal fines and court costs, successfully completed every term and condition of the sentence, and waited three years after completion. The requested conviction must not fall within an excluded felony category. Only one felony expunction is available under this paragraph.

If multiple convictions are involved, determine whether they arose from a common nucleus of operative facts. Under § 99-19-71(2)(a), that determination is committed to the court's discretion and controls whether the convictions are included as one conviction / one felony expunction.

C. Non-Conviction Track — § 99-19-71(4)

This track requires an arrest followed by release and one of the listed outcomes: dismissal, dropped charges, no disposition, or a not-guilty finding at trial.

III. Felony Exclusion Checklist

The following felony classifications are ineligible under § 99-19-71(2)(a):

• ☐ (i) crime of violence under § 97-3-2;
• ☐ (ii) first-degree arson under §§ 97-17-1 and 97-17-3;
• ☐ (iii) trafficking in controlled substances under § 41-29-139;
• ☐ (iv) third, fourth, or subsequent DUI under § 63-11-30(2)(c) or (2)(d);
• ☐ (v) felon in possession of a firearm under § 97-37-5;
• ☐ (vi) failure to register as a sex offender under § 45-33-33;
• ☐ (vii) voyeurism under § 97-29-61;
• ☐ (viii) witness intimidation under § 97-9-113;
• ☐ (ix) abuse, neglect, or exploitation of a vulnerable person under § 43-47-19;
• ☐ (x) embezzlement under § 97-11-25 or § 97-23-19;
• ☐ (xi) felony procuring prostitution under § 97-29-51; or
• ☐ (xii) promoting prostitution under § 97-29-51.

If any box is checked, the felony is not eligible under § 99-19-71(2)(a).

IV. Felony Notice and Rehabilitation Showing

For a felony petition, confirm:

• ☐ written notice will be given to the district attorney at least ten days before the hearing;
• ☐ the proof will permit the court to determine, on the record or in writing, that the applicant is rehabilitated from the offense; and
• ☐ the proposed order provides space for specific findings.

Rehabilitation facts:

V. Public-Official Limitation

Is the client a public official, and is the conviction related to official duties? ☐ No ☐ Yes

Analysis: [________________________________].

If yes, § 99-19-71(5) makes the client ineligible under this section.

VI. Conclusion

The client is:

• ☐ eligible under § 99-19-71(1) for a misdemeanor first-offender petition;
• ☐ eligible under § 99-19-71(2) for a felony petition;
• ☐ eligible under § 99-19-71(4) for a non-conviction petition;
• ☐ not eligible under § 99-19-71; or
• ☐ not yet eligible because: [________________________________].

Recommended filing and proof plan: [________________________________].

PART B — PETITION

IN THE ☐ JUSTICE ☐ COUNTY ☐ CIRCUIT ☐ MUNICIPAL COURT OF [________________________________], MISSISSIPPI

Cause No.: [________________________________]

PETITION FOR EXPUNCTION UNDER MISS. CODE ANN. § 99-19-71

COMES NOW [PETITIONER FULL LEGAL NAME] ("Petitioner"), by and through ☐ undersigned counsel ☐ self-representation, and petitions for expunction under Miss. Code Ann. § 99-19-71. In support, Petitioner states:

1. Petitioner and Case Information

1. Petitioner's full legal name is [________________________________].

2. Petitioner's other names or aliases are [________________________________].

3. Petitioner's date of birth is [__/__/____].

4. Petitioner's current address is [________________________________].

5. The case was filed in this Court as Cause No. [________________________________].

6. The offense and statutory citation were [________________________________].

7. The relevant disposition occurred on [__/__/____] and was: [________________________________].

2. Ground for Relief

Petitioner proceeds under:

• ☐ § 99-19-71(1), misdemeanor first offender;
• ☐ § 99-19-71(2), felony conviction; or
• ☐ § 99-19-71(4), non-conviction case.

A. Misdemeanor First-Offender Allegations

8. ☐ The conviction was for a misdemeanor.

9. ☐ The misdemeanor was not a traffic violation.

10. ☐ Petitioner is a first offender.

11. ☐ This is the justice, county, circuit, or municipal court in which the conviction occurred.

B. Felony Allegations

12. ☐ Petitioner paid all criminal fines and court costs imposed in the sentence. Supporting proof is attached as Exhibit [____].

13. ☐ Petitioner successfully completed all terms and conditions of the sentence on [__/__/____]. Supporting proof is attached as Exhibit [____].

14. ☐ At least three years have elapsed since that completion date.

15. ☐ Petitioner seeks expunction of one conviction, including the following convictions alleged to arise from a common nucleus of operative facts: [________________________________].

16. ☐ Petitioner has not previously received a felony expunction under § 99-19-71(2)(a).

17. ☐ The conviction is not classified as any felony listed in § 99-19-71(2)(a)(i)-(xii).

18. ☐ Petitioner is rehabilitated from the offense because: [STATE FACTS, NOT CONCLUSIONS: ________________________________________________].

19. ☐ Petitioner gave the district attorney ten days' written notice before the hearing. Proof of notice is attached as Exhibit [____].

C. Non-Conviction Allegations

20. ☐ Petitioner was arrested in this case and was released.

21. After release:

• ☐ the case was dismissed;
• ☐ the charges were dropped;
• ☐ there was no disposition; or
• ☐ Petitioner was found not guilty at trial.

22. Supporting records are attached as Exhibit [____].

3. Public-Official Limitation

23. ☐ Petitioner is not a public official seeking expunction of a conviction related to official duties.

4. Requested Relief

WHEREFORE, Petitioner asks the Court to:

1. set any hearing required or appropriate for this petition;
2. find that Petitioner satisfies the selected subsection of Miss. Code Ann. § 99-19-71;
3. for a felony petition, find on the record or in writing that Petitioner is rehabilitated from the offense;
4. enter an order expunging the conviction or case from all public records as authorized by § 99-19-71;
5. retain and permit retention of any nonpublic record required or authorized by § 99-19-71(3); and
6. grant such further relief as the statute permits.

Respectfully submitted,

Date: [__/__/____]

Signature: [________________________________]

[ATTORNEY OR PETITIONER NAME]

Mississippi Bar No. (if counsel): [________________________________]

[ADDRESS]

[TELEPHONE] | [EMAIL]

Certification

I certify that the factual statements in this petition are true and correct to the best of my knowledge and belief.

Date: [__/__/____]

Signature: [________________________________]

[PETITIONER FULL LEGAL NAME]

PART C — FELONY NOTICE CERTIFICATE

I certify that on [__/__/____], at least ten days before the hearing scheduled for [__/__/____], I gave written notice of the petition and hearing to:

District Attorney [NAME]

[JUDICIAL DISTRICT / COUNTY]

[ADDRESS]

Method: ☐ authorized electronic service ☐ certified mail ☐ hand delivery ☐ other: [________________________________].

Date: [__/__/____]

Signature: [________________________________]

[ATTORNEY OR PETITIONER NAME]

PART D — PROPOSED ORDER

IN THE ☐ JUSTICE ☐ COUNTY ☐ CIRCUIT ☐ MUNICIPAL COURT OF [________________________________], MISSISSIPPI

Cause No.: [________________________________]

ORDER ON PETITION FOR EXPUNCTION

The Court considered Petitioner's request under Miss. Code Ann. § 99-19-71, the case record, the evidence presented, and any response.

The Court finds:

1. The petition proceeds under ☐ subsection (1) ☐ subsection (2) ☐ subsection (4).

2. The Court has reviewed the following offense, conviction, arrest, or case: [________________________________].

3. For a misdemeanor petition:

• ☐ Petitioner was convicted of a misdemeanor that was not a traffic violation; and
• ☐ Petitioner is a first offender.

4. For a felony petition:

• ☐ all criminal fines and court costs were paid;
• ☐ all sentence terms and conditions were successfully completed on [__/__/____];
• ☐ at least three years elapsed after completion;
• ☐ the conviction is not excluded by § 99-19-71(2)(a)(i)-(xii);
• ☐ Petitioner has not previously received a felony expunction under § 99-19-71(2)(a);
• ☐ the following convictions arose from a common nucleus of operative facts: [________________________________];
• ☐ the district attorney received ten days' written notice before the hearing; and
• ☐ Petitioner is rehabilitated from the offense for these specific reasons: [________________________________].

5. For a non-conviction petition:

• ☐ an arrest was made and Petitioner was released; and
• ☐ the case was dismissed ☐ the charges were dropped ☐ there was no disposition ☐ Petitioner was found not guilty at trial.

6. ☐ Petitioner is not barred by § 99-19-71(5).

IT IS THEREFORE ORDERED:

1. The petition is ☐ GRANTED ☐ DENIED.

2. If granted, the following conviction or case shall be expunged from all public records as authorized by Miss. Code Ann. § 99-19-71: [________________________________].

3. Any nonpublic record required or authorized by § 99-19-71(3) may be retained for the purposes stated in that subsection.

4. If denied, the Court's specific findings are: [________________________________].

SO ORDERED on [__/__/____].

Signature: [________________________________]

JUDGE [NAME]

PART E — FILING CHECKLIST

All Tracks

• ☐ obtain the charging instrument and final disposition;
• ☐ confirm the exact court and cause number;
• ☐ identify the correct subsection of § 99-19-71;
• ☐ check whether the public-official limitation applies;
• ☐ confirm local caption, filing, hearing, and service requirements;
• ☐ file the petition and proposed order; and
• ☐ obtain certified copies of any entered order.

Misdemeanor Track

• ☐ confirm the conviction is a misdemeanor;
• ☐ confirm it is not a traffic violation; and
• ☐ document first-offender status.

Felony Track

• ☐ confirm all fines and court costs are paid;
• ☐ confirm successful completion of all sentence terms and conditions;
• ☐ calculate three years from the completion date;
• ☐ compare the exact conviction statute to all twelve exclusions;
• ☐ investigate any prior felony expunction;
• ☐ analyze common-nucleus treatment if multiple convictions are involved;
• ☐ gather rehabilitation evidence;
• ☐ give the district attorney ten days' written notice before the hearing; and
• ☐ preserve proof of notice.

Non-Conviction Track

• ☐ confirm an arrest and release;
• ☐ document dismissal, dropped charges, no disposition, or a not-guilty finding; and
• ☐ attach the official case disposition or docket record.

Sources and References

• Official HB 1546 enrolled text — amendments to § 99-19-71
• Official HB 1546 PDF
• Official HB 1546 history — approved by Governor March 30, 2026; effective July 1, 2026; chapter 430