Expungement

When a person has been arrested but not convicted, the original arrest may be expunged (erased) from the person’s criminal history. Expunction of an arrest from the NCIC, FBI, Triple I (Interstate Identification Index), or local criminal history must be done in accordance with Mississippi law. Special rules apply to expungement of drug convictions for youthful offenders. Expungement may be available when a felony arrest has been concluded as a misdemeanor, pre-trial diversion, or non-adjudication. There are different expungement statutes and laws for felonies and misdemeanors, and different courts.

Generally, first offenders may have a felony expunged as long as the charge is not violence, sex offense, or sale or possession with intent to distribute drugs. Expungement may depend on the age of the offender at the time of arrest. There are several misdemeanor statutes which apply in various Justice and Municipal Courts. In some cases, the person’s age at the time of arrest can be factor granting expungement.