PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD

(Miss. Code Ann. §§ 99-15-59; 99-19-71)

[// GUIDANCE: File in the court that handled the original charge/conviction. Most felony and misdemeanor matters are filed in the Circuit Court; Justice or Municipal Courts retain jurisdiction over certain misdemeanors.]

IN THE [CIRCUIT/MUNICIPAL/JUSTICE] COURT OF

[__] COUNTY, MISSISSIPPI

[PETITIONER FULL LEGAL NAME],
Petitioner,

v. Civil Action No. _/20_

STATE OF MISSISSIPPI,
Respondent.

PETITION FOR ORDER OF EXPUNGEMENT AND SEALING OF RECORDS

COMES NOW Petitioner, by and through undersigned counsel, and, pursuant to Mississippi Code Annotated §§ 99-15-59 and/or 99-19-71, respectfully petitions this Honorable Court for an Order expunging and sealing all arrest, booking, charging, conviction, and probation records identified herein. In support thereof, Petitioner states the following:

I. PARTIES, JURISDICTION, AND VENUE

1. Petitioner. [PETITIONER NAME] (“Petitioner”) is an adult resident of [COUNTY] County, Mississippi, residing at [ADDRESS].
2. Respondent. The Respondent is the State of Mississippi, appearing by and through the [DISTRICT ATTORNEY/MUNICIPAL PROSECUTOR] of [COUNTY/CITY], Mississippi.
3. Jurisdiction. This Court has subject-matter jurisdiction over expungement proceedings pursuant to Miss. Code Ann. §§ 99-15-59 and 99-19-71.
4. Venue. Venue properly lies in this Court because the underlying [arrest/charge/conviction] occurred within its territorial jurisdiction.

II. DEFINITIONS

[// GUIDANCE: Delete any unused definitions.]
“Applicable Statutes” means Miss. Code Ann. §§ 99-15-59 and 99-19-71, together with all related rules and constitutional provisions governing expungement in Mississippi.
“Eligible Offense” means an offense statutorily eligible for expungement, including (i) any misdemeanor (other than traffic violations) under § 99-19-71(1); (ii) a first-time, non-violent felony listed in § 99-19-71(2); or (iii) an arrest or charge dismissed or nolle prosequi under § 99-15-59.

III. FACTUAL BACKGROUND

5. Arrest/Charge Information.
   a. Date of arrest: [MM/DD/YYYY]
   b. Arresting agency: [AGENCY]
   c. Original charge(s): [STATUTE & OFFENSE]
   d. Court cause number: [__]
6. Disposition.
   a. Disposition date: [MM/DD/YYYY]
   b. Disposition type: [“Dismissed,” “Nolle Prosequi,” “Guilty Plea,” “Conviction After Trial,” etc.]
   c. Sentence imposed (if any): [INCARCERATION/PROBATION/FINE/OTHER]
7. Completion of Sentence/Conditions. Petitioner completed all terms and conditions of the sentence on [MM/DD/YYYY], including payment of fines, fees, restitution, and completion of any probation or community-service requirements.

IV. STATUTORY ELIGIBILITY AND WAITING PERIODS

8. Statutory Basis.
   a. Arrests/Charges Dismissed → § 99-15-59.
   b. Misdemeanor Convictions → § 99-19-71(1).
   c. First-time Non-Violent Felony Convictions → § 99-19-71(2).
9. Waiting Period.
   a. Misdemeanor: No mandatory waiting period after completion of sentence (§ 99-19-71(1)).
   b. Eligible Felony: Five (5) years have elapsed since completion of all terms of the sentence (§ 99-19-71(2)(a)).
10. First-Offense Certification. Petitioner has not been previously convicted of any other felony in any state or federal jurisdiction.
11. Absence of Pending Charges. Petitioner has no criminal charges presently pending.

V. SEALED RECORD ACCESS

12. Petitioner acknowledges that, even if the Court grants this Petition, certain law-enforcement and prosecutorial agencies may retain non-public access to sealed records as expressly permitted by statute. Petitioner affirmatively consents to such limited access.

VI. GROUNDS FOR RELIEF

13. Public Policy Considerations. Expungement will promote the public interest by enabling Petitioner to obtain gainful employment, secure housing, and fully reintegrate into society.
14. Rehabilitation. Petitioner has demonstrated rehabilitation through [EMPLOYMENT, EDUCATION, COMMUNITY SERVICE, ETC.].
15. Interests of Justice. No legitimate public purpose would be served by continued public availability of the subject records.

VII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that this Court enter an Order:
A. Granting this Petition in its entirety;
B. Directing the [COURT CLERK], [MISSISSIPPI BUREAU OF INVESTIGATION], and all pertinent law-enforcement agencies to expunge and seal all records relating to the arrest, charge, conviction, and sentence identified herein;
C. Requiring said agencies to remove the records from public dissemination and any publicly accessible database;
D. Permitting non-public inspection only as authorized by Applicable Statutes; and
E. Granting such additional relief as the Court deems just and proper.

Respectfully submitted this ___ day of ____, 20__.
text

[ATTORNEY NAME] (MSB #_____)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
COUNSEL FOR PETITIONER

VIII. VERIFICATION

I, [PETITIONER NAME], being first duly sworn, do hereby verify that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

text

[PETITIONER NAME], Petitioner
Subscribed and sworn before me this ___ day of ____, 20__.

text

NOTARY PUBLIC
My Commission Expires: ____

IX. CERTIFICATE OF SERVICE

I hereby certify that I have this day served a true and correct copy of the foregoing Petition upon the following by [U.S. Mail / hand delivery / MEC electronic filing]:

• [Name], District Attorney, [ADDRESS]
• [Arresting Agency] Records Custodian, [ADDRESS]

This the ___ day of ____, 20__.

text

[ATTORNEY NAME]

EXHIBIT “A” – PROPOSED ORDER

[// GUIDANCE: File proposed order as a separate, editable document if local rules require.]

IN THE [CIRCUIT/MUNICIPAL/JUSTICE] COURT OF

[__] COUNTY, MISSISSIPPI

[PETITIONER NAME]
v. Civil Action No. _/20_
STATE OF MISSISSIPPI

ORDER GRANTING PETITION FOR EXPUNGEMENT

THIS MATTER came before the Court on the Petition of [PETITIONER NAME] for expungement pursuant to Miss. Code Ann. §§ 99-15-59 and/or 99-19-71. Having considered the Petition, the evidence presented, and the lack of opposition thereto, the Court finds as follows:

1. Jurisdiction and venue are proper.
2. Petitioner meets all statutory prerequisites for expungement, including completion of the requisite waiting period and the absence of disqualifying convictions.
3. Expungement serves the ends of justice and the public interest.

IT IS, THEREFORE, ORDERED AND ADJUDGED that:

A. The Petition is GRANTED.
B. The Clerk of this Court shall immediately seal all court files, pleadings, orders, and other documents relating to the above-styled matter.
C. The Mississippi Bureau of Investigation, the Mississippi Department of Public Safety, the [ARRESTING AGENCY], and any other entity in possession of records pertaining to the subject arrest, charge, conviction, or sentence shall expunge and seal such records from public view within thirty (30) days of entry of this Order.
D. Access to the sealed records shall be permitted only for lawful criminal-justice purposes as expressly authorized by Mississippi law.

SO ORDERED, this the ___ day of ____, 20__.

text

JUDGE
[PRINTED NAME OF JUDGE]

[// GUIDANCE:
1. Confirm local filing fees and ensure any required MS Attorney General notice is provided.
2. Some counties require a separate Motion and Order; others accept a combined Petition.
3. Verify no outstanding restitution, fines, or court costs remain unsatisfied.
4. Attach certified completion records (probation termination, payment receipts) as exhibits.
5. For felony expungements, include the specific subsection of § 99-19-71(2) under which relief is sought.
6. Retain proof of service on all agencies; some agencies require certified copies of the signed Order for processing.
]