Mississippi Expungement After Nonadjudication

Completing a nonadjudication program in Mississippi means you avoided a formal conviction. What it does not mean is that your record is clean. The arrest, the guilty plea, and the case file remain visible on background checks until you file a separate petition for expungement — a step many people skip because they assume the record disappeared when the case was dismissed.

How Nonadjudication Works in Mississippi

Under Mississippi Code § 99-15-26, a court can defer entering a judgment of guilt while you complete court-ordered conditions. These conditions may include up to five years of probation in circuit or county courts, or up to two years in justice or municipal courts, along with any other requirements the judge imposes.

When you successfully complete all conditions, the court dismisses and closes the case. No conviction is entered on your record. But the catch is that "dismissed" does not mean "erased." The arrest, the plea, and the program completion all remain in the court file and in the Mississippi Criminal Information Center's database. Background check companies pull this data and report it — often without distinguishing between a conviction and a nonadjudication dismissal.

The same dynamic applies to other diversion pathways: pretrial intervention programs under § 99-15-123, and intervention court completions (drug court, veterans court, mental health court) under § 9-23-23 and § 9-27-19. All of these result in a dismissed case that still shows on your record until expunged.

Filing for Expungement

Under § 99-15-26(5), you can file a petition for expungement immediately after the court dismisses and closes your case. There is no additional waiting period — the moment the formal dismissal order is entered, you are eligible.

The petition is filed in the same court that supervised your nonadjudication:

• Circuit court for felony-level nonadjudications
• County court in counties that have one and handled your case
• Municipal court for city-level offenses
• Justice court for county-level misdemeanors

You need to draft a petition citing § 99-15-26(5), include certified copies of the original charging document and the dismissal order, and provide a certified account ledger showing that all financial obligations (fines, fees, restitution, program costs) have been paid in full.

After filing, follow the notice rule required by the court and local rules. The ten-day requirement under § 99-19-71(2)(b) applies to felony petitions; for other cases, confirm the applicable notice procedure with the clerk. If the prosecutor does not object, many judges grant these petitions on the pleadings without scheduling a hearing — the nonadjudication completion itself is strong evidence of compliance.

The Once-Per-Lifetime Limit

The nonadjudication pathway under § 99-15-26 is limited to a single use per lifetime. If you received a nonadjudication for one case and later face new charges, you cannot receive a second nonadjudication under the same statute.

This lifetime limit applies to the nonadjudication itself, not necessarily to the subsequent expungement petition. But because the expungement follows from the nonadjudication, the practical effect is the same — this particular pathway to record clearing is available once.

What About the Guilty Plea?

One concern people have after completing nonadjudication: does the guilty plea still count as a "conviction" for other purposes?

Under Mississippi law, successful completion of nonadjudication results in dismissal with no adjudication of guilt. The plea is not treated as a conviction for state purposes after the case is closed. However, federal agencies operate under different rules. U.S. Citizenship and Immigration Services defines "conviction" to include cases where a plea was entered and a court imposed any form of punishment, probation, or restraint — even if the state later dismissed the case. Non-citizens should consult an immigration attorney before filing for expungement, because sealing the court file can make it harder to retrieve the certified documents that USCIS requires.

Costs

The filing cost for a nonadjudication expungement petition depends on how the local clerk treats and dockets it. The $150 statutory fee and possible $137 in additional civil fees described for petitions under § 99-19-71 may not apply identically to a § 99-15-26(5) petition. Call the clerk's office before filing to confirm the amount and docketing method.

Some courts file nonadjudication expungements as motions within the existing closed case, which may keep costs lower. Others treat them as separate proceedings. This varies by county and by court, so confirm the amount and docketing method before filing.

Do Not Wait

There is no strategic reason to delay filing after your nonadjudication is complete. The arrest record remains publicly available until the expungement order is signed and distributed. Each month you wait is another month where an employer, landlord, or licensing board can pull the record and see the arrest and plea — without any context about the successful completion.

For the full filing procedure including petition templates, clerk contact steps, and post-expungement verification, the Mississippi Expungement & Record Sealing Guide covers the nonadjudication track in detail.

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