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.

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 erased or destroyed, making them inaccessible to courts, agencies, and private entities conducting background checks. Expungement is different from having a record sealed, as the latter restricts access but does not destroy the record. Generally, expungement in Mississippi is not available for those who have been convicted of a crime, pleaded guilty, or pleaded no contest. However, there are exceptions, such as for first-time offenders of certain misdemeanors or non-violent felonies, who may be eligible for expungement after completing all terms of their sentence, including probation. Additionally, Mississippi law provides opportunities for expungement for juveniles who committed an offense before turning 18. The specifics of expungement eligibility and procedures are detailed in Mississippi's statutes, particularly within the state's penal or criminal code. It is important for individuals seeking expungement to consult with an attorney to understand their eligibility and the legal process involved.