Expunging a Felony in Mississippi: What You Need to Know

If you have a felony conviction under Mississippi law, you may be wondering whether you can have it expunged from your record. Like many legal questions, the answer is: “It depends!”

Expungement is the legal process of removing a conviction from your record, meaning it will no longer appear on most background checks. A conviction means you were found guilty of a crime, either by pleading guilty or being convicted at trial. Expungement can give you a fresh start, but not all felonies can be expunged.

Which Felonies Cannot Be Expunged?

Under Mississippi law, certain felony convictions cannot be expunged, including:

• Violent Crimes: Aggravated Assault, Arson, Burglary of a Dwelling, Carjacking, Kidnapping, Manslaughter, Murder, Poisoning, Robbery, Drive-by Shooting, Shooting into a Dwelling
  
• Sex Crimes & Crimes Against Children: Child Abuse, Child Exploitation, Gratification of Lust, Human Trafficking, Rape, Sexual Battery, Voyeurism
  
• Gun & Explosive-Related Crimes: Felon in Possession of a Firearm, Explosives or Weapons of Mass Destruction
  
• Drug & DUI Offenses: Trafficking a Controlled Substance, DUI – Third Offense
  
• Financial & Other Serious Offenses: Embezzlement, Failure to Register as a Sex Offender, Abuse/Neglect of a Vulnerable Adult, Witness Intimidation, Killing of an Unborn Child

Eligibility Requirements for Felony Expungement in Mississippi

• All fines, court costs, and restitution must be paid in full. Any outstanding financial obligations related to your conviction must be settled before you can seek expungement.
  
• A five-year waiting period must have passed. You must wait at least five (5) years after successfully completing all terms and conditions of your sentence before applying for expungement.
  
• You must be rehabilitated. Mississippi law requires that you be “deemed rehabilitated from the offense.” This means demonstrating that you have led a law-abiding life and distanced yourself from past criminal behavior.
  
• You cannot have a prior felony expungement. Expungement is a one-time opportunity for felony convictions. If you have already expunged a prior felony, you are ineligible for another.
  
• Public officials convicted of crimes related to their office are ineligible. If you were convicted of a felony while serving as a public official, you cannot have that conviction expunged.

The Expungement Process

If you meet the requirements, the expungement process is generally straightforward, though the specifics may vary depending on the sentencing judge.

At McCormick Lawrence, PLLC, we guide our clients through each step, beginning with gathering all necessary documents, including your conviction record, sentencing order, and discharge paperwork.

Next, we file a motion for expungement with the court. In some cases, the judge may require a hearing. Other times, the judge may grant the motion without a hearing if the prosecuting attorney notes no objection to the expungement.

Need Help Expunging a Felony?

If you believe you qualify for felony expungement, we can help you navigate the process and ensure everything is handled correctly. Contact our office today to discuss your case and take the first step toward a clean record.