If You Were Not Convicted of a Crime

You were arrested and released. You may petition to have your arrest record expunged if:

• the case was dismissed
• the charges were dropped, or
• there was no disposition of the case.

(Miss. Code Ann. §§ 99-15-26(5), 99-19-71(4) (2018).)

You were arrested, cited, or detained for a misdemeanor. You may petition to have your record expunged if:

• you were not formally charged or prosecuted within 12 months of your arrest, or
• the charges against you were dismissed.

(Miss. Code Ann. § 99-15-59 (2018).)

If You Were Convicted of a Crime

Misdemeanor offenses. If you were convicted of a misdemeanor, other than a traffic violation, and you are a first offender, you may petition to have your conviction expunged. (Miss. Code Ann. § 99-19-71(1) (2018).)

Felony offenses. Five years after successfully completing the terms of your sentence, you may petition to expunge your conviction if it is one of the following felonies, as described in the Mississippi Code:

• a bad check offense under Section 97-19-55
• possession of a controlled substance or paraphernalia under Section 41-29-139(c)
• false pretense under Section 97-19-39
• larceny under Section 97-17-41
• malicious mischief under Section 97-17-67, or
• shoplifting under Section 97-23-93.

You are eligible for only one expungement under this law.

(Miss. Code Ann. § 99-19-71(2)(a) (2018).)

Felony offenses if you were under the age of 21 at the time of the offense. Five years after successfully completing the terms of your sentence, you may petition to expunge your felony conviction if you were under the age of 21 at the time you committed the crime. Convictions for violent felonies, including murder, manslaughter, rape, burglary of a dwelling, and robbery, cannot be expunged.

You are eligible for only one expungement under this law.

(Miss. Code Ann. §§ 97-3-2, 99-19-71(2)(b) (2018).)

Controlled substance violations. For most controlled substance violations, if you have successfully completed an assigned period of probation or treatment under a suspended sentence, you may petition to have your conviction expunged. (Miss. Code Ann. § 41-29-150 (2018).)

Sex offenses. If you were required to register as a sex offender, the underlying conviction cannot be expunged. (Miss. Code Ann. § 45-33-55 (2018).)

Public officials. Public officials who were convicted of offenses related to their official duties are not eligible to have their records expunged. (Miss. Code Ann. § 99-19-71(5) (2018).)

Getting Legal Help

Cleaning up a criminal record can be complicated. If you are not sure whether your record qualifies for expungement in Mississippi—or for advice about your personal situation—you should contact a qualified criminal defense attorney. A good lawyer can guide you each step of the way.

Seek Medical Treatment

If you have been injured as a result of a car wreck, bad food product, slip and fall, dangerous or defective product you should seek immediate medical treatment. If is a serious injury, call an ambulance immediately. Even if you think that your injury is minor, you should be immediately evaluated by a medical professional. Injuries caused by accidents often take time to develop and become apparent.

Document and Preserve Evidence

Have someone take photographs or a video of the scene to document the conditions and circumstances surrounding the accident. If there are witnesses get their names, telephone numbers and addresses.

Preserve any evidence. For example, if you were injured by a foreign body in a food product, preserve the food product and the foreign body in a safe package. If there are any witnesses, get their names, phone number and addresses. If you were injured as a result of a slip and fall, keep the shoes that you were wearing. If you were injured in a pedestrian accident, keep the clothes that you were wearing.

Report the Incident

Report the incident. For example, if you fell at a store, report the injury to the store manager as soon as you are able or have someone make the report on your behalf. You will most likely be asked to fill out an incident report. Make sure to get a copy of the report. If they refuse to give one, take a clear photo of each page of the report after you have filled it out. You must be accurate and careful in what you say to protect your potential claims.

Document What Happened

As soon as you are able, write down exactly what happened. If you were unable to take photographs at the time of the accident have them taken as soon as possible. Take pictures of the area of the incident. Take pictures of your injuries.

If you have been injured as a result of a car accident, bad food product, slip and fall, dangerous or defective product or other injury you, we would be happy to speak with you. Please call us at 662.328.4850 or send an email to william@starkslaw.com. We proudly serve all of Mississippi including, Lowndes, Oktibbeha, Clay, Noxubee and Monroe County.