How Much Does Expungement Cost in Mississippi
The sticker price for a Mississippi expungement is $150 — that is the statutory filing fee set by Mississippi Code § 99-19-72 for petitions filed under § 99-19-71. But what you actually pay can range from zero to well over $300, depending on the type of case, which court handles it, and whether the clerk files your petition as a motion in the original case or opens a brand-new civil action.
Understanding this fee structure before you file can save you over a hundred dollars in unnecessary charges.
The $150 Baseline Fee
Under § 99-19-72(1), the standard filing fee for an expungement petition under § 99-19-71 is $150, subject to the statutory exemption for non-conviction cases. First-offense DUI expungement follows a separate statutory track under § 63-11-30(13), so confirm the applicable filing treatment with the circuit clerk before filing.
Dismissed charges, acquittals, and cases where charges were dropped are exempt from this $150 fee. The clerk may still charge a small administrative fee for processing and issuing certified copies of the order, but the statutory expungement fee does not apply to non-conviction cases.
The AG Opinion Fee Trap: $150 vs. $287+
Here is where costs diverge sharply. A 2023 Attorney General Opinion from Lynn Fitch's office addressed a critical question: can clerks charge additional fees beyond the $150?
The answer depends on how the petition is docketed:
Filed within the original criminal case: If the local court allows the petition to be filed as a motion in the existing, closed criminal docket, the clerk can collect only the $150 fee under § 99-19-72. No additional fees.
Filed as a new civil action: If the clerk's office or local rules require the expungement petition to be opened as a separate civil case, you owe the $150 plus all standard civil filing fees under § 25-7-13. Those include an $85 docketing fee, a $10 electronic court system fee, a $40 judicial operation fund fee, and a $2 court education fee — pushing the total to $287 or more.
Whether your petition gets filed as a motion or a new civil case depends entirely on the local clerk's procedures. Mississippi has no statewide rule governing this, and practices vary across the state's eighty-two counties. Some circuit clerks routinely file expungement petitions within the original case docket. Others automatically open a new civil action for every petition that crosses their desk.
The practical move: call the clerk's office before you file and ask how they handle expungement petitions. If they require a new civil action, you need to budget for the higher amount.
Attorney Fees
Private criminal defense attorneys in Mississippi typically charge flat fees between $750 and $1,500 for handling an expungement petition. Complex cases — multiple jurisdictions, felony convictions, or cases requiring a contested hearing — can push fees higher.
These fees cover drafting the petition, gathering court documents, serving notice on the district attorney, attending the hearing if one is scheduled, and distributing the signed order to all relevant agencies. For straightforward dismissed-charge expungements, attorneys often charge at the lower end of this range.
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Free and Low-Cost Alternatives
Several organizations provide free expungement assistance, but eligibility is strictly income-limited:
Mississippi Center for Justice (MCJ): Provides free representation for residents below 200% of the federal poverty guidelines. However, MCJ enforces a ninety-day intake review period due to high demand, making it impractical for time-sensitive situations.
Mississippi Volunteer Lawyers Project (MVLP): Hosts pro se expungement clinics statewide, though scheduling depends on volunteer attorney availability and geographic location.
North Mississippi Rural Legal Services (NMRLS): Serves the northern counties with free legal aid for qualifying residents.
If your household income falls above the 200% FPL threshold but you cannot afford a private attorney — a common gap in Mississippi — you are effectively on your own for navigating the filing process.
Additional Costs to Budget For
Beyond the petition filing fee, plan for these expenses:
State background check: $32 to the Department of Public Safety for a complete state criminal history check through the Criminal Information Center. You need this to verify your complete record before filing.
Certified court documents: The cost of each certified copy of a charging document, disposition sheet, or sentencing order varies by clerk's office.
Order distribution: After the judge signs the expungement order, you need certified copies sent to the arresting agency, the detention facility, and the DPS Criminal Information Center. Each certified copy carries a small fee.
Newspaper publication (pardons only): If your case requires a governor's pardon rather than statutory expungement, the Mississippi Constitution mandates thirty days of newspaper publication. The publication cost varies by newspaper.
Keeping Costs Down
The single most effective cost-saving step is confirming with your clerk's office that they will file the petition within the original criminal case docket rather than as a new civil action. That decision alone determines whether you pay $150 or $287+.
For a complete breakdown of the filing sequence — including which documents to gather, how to draft the petition, and the exact steps for each court type — the Mississippi Expungement & Record Sealing Guide walks through the full process with fee-saving strategies for each stage.
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