When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime.

Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged. For example, under federal law only a person who is guilty of a minor drug offense under the Controlled Substances Act (21 U.S.C. §844) may have their record expunged. See 18 U.S.C. §3607(c).

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Mississippi, expungement laws allow individuals under certain conditions to have their criminal records cleared or destroyed, making them inaccessible for background checks. The eligibility for expungement in Mississippi depends on the type of crime, the outcome of the case, and the individual's criminal history. Some misdemeanors, first-time offenses, and crimes committed by minors may be expunged, particularly if the individual has completed all terms of their sentence, including probation. However, serious felonies and certain crimes, such as crimes of violence, DUI offenses, and sex crimes, are typically not eligible for expungement. Mississippi Code Section 99-19-71 outlines the specific provisions for expungement of misdemeanor convictions, while Section 99-19-73 provides for the expungement of certain felony convictions. It's important to note that the process of expungement does not happen automatically; one must petition the court for relief, and the court has discretion in granting an expungement. An attorney can provide guidance on the likelihood of expungement in a particular case and assist with the process.