Mississippi Expungement Petition Form: How to File Without a Lawyer

If you are searching for a standard Mississippi expungement form to download and fill out, you will not find one. Mississippi has not adopted a uniform, statewide expungement petition form. There is no single statewide PDF, fillable template, or standardized packet that works in all eighty-two counties.

This means that if you are filing pro se — without an attorney — you need to draft the petition yourself, and it must comply with local court rules that vary by jurisdiction.

What the Petition Must Include

Regardless of which court you file in, a Mississippi expungement petition generally needs these components:

1. Caption and case identification. The court name, your full legal name, the original case number, and the type of proceeding (Petition for Expungement).

2. Personal information. Your name, date of birth, address, and contact information.

3. Case details. The date of arrest, the formal charge, the docket or cause number, and the disposition (conviction, dismissal, nonadjudication completion, acquittal).

4. Statutory basis. The specific Mississippi Code section authorizing the expungement. This varies by case type:

• § 99-19-71(1) for first-offense misdemeanor convictions
• § 99-19-71(2) for eligible felony convictions
• § 99-19-71(4) for dismissed charges, acquittals, and dropped cases after an arrest and release
• § 99-15-26(5) for completed nonadjudications
• § 63-11-30(13) for first-offense DUI convictions

Citing the wrong statute can result in a denied petition. Match the section to your specific case type.

5. Statement of eligibility. A sworn statement that you meet all statutory requirements — sentencing terms completed, waiting period satisfied (if applicable), no disqualifying conditions.

6. Supporting documents. Attach as exhibits:

• Certified copies of the original charging document (indictment, complaint, citation)
• Certified copy of the sentencing order or dismissal order
• Certified account ledger from the court clerk showing zero balance on all fines, fees, and restitution
• For felony petitions: affidavits, character references, and evidence of rehabilitation

7. Proposed order of expungement. Draft a separate order for the judge to sign if the petition is granted. This saves the court time and ensures the order includes the necessary language directing all agencies to seal their records.

Where to Get Help With the Petition

Several organizations provide assistance to pro se filers in Mississippi:

Mississippi Volunteer Lawyers Project (MVLP): Hosts expungement clinics where volunteer attorneys help participants prepare petitions. The clinics are free but limited to residents below 200% of the federal poverty guidelines and depend on volunteer availability and geographic location.

Mississippi Access to Justice Commission: Operates expungemississippi.com, an online eligibility diagnostic that helps you determine which statutory pathway applies to your case. It does not generate a completed petition, but it clarifies which code section to cite.

Mississippi Center for Justice (MCJ): Provides full representation for qualifying residents, though there is typically a ninety-day intake review backlog.

For people above the income threshold for free legal aid, the options are limited to drafting the petition independently or paying an attorney.

Filing the Petition

The petition goes to the clerk of the court where the original case was resolved:

• Municipal court clerk for city-level offenses
• Justice court clerk for county-level misdemeanors
• County court clerk for cases disposed there
• Circuit court clerk for felonies, DUI convictions, and felony-level nonadjudications

Before filing, call the clerk's office and ask two questions:

Does the court use electronic filing? Larger counties like Hinds County require all filings through the Mississippi Electronic Courts (MEC) system. Rural counties may accept only paper filings.

Will this be filed within the original case docket or as a new civil action? This determines whether you pay the $150 statutory fee or an additional $137 in civil filing fees on top of it.

Serving the District Attorney

For a felony petition under § 99-19-71(2)(b), provide at least ten days' written notice to the district attorney before any hearing can be scheduled. For other case types, follow the notice rule required by the court or local rules.

The notice must be in writing and should include a copy of the filed petition. Some courts require proof of service — a certificate or affidavit confirming that the notice was delivered. Check with the clerk about the acceptable methods of service (personal delivery, certified mail, or electronic service through MEC).

Where a ten-day notice period applies, it gives the prosecutor time to review your case, run a background check, and decide whether to object. If the prosecutor does not file an objection within the applicable notice period, many judges will grant the petition without requiring an in-person hearing.

The Proposed Order

The proposed order you submit with the petition should direct all relevant agencies to seal their records. Standard language includes directing the court clerk to seal the case file, ordering the MCIC at the Department of Public Safety to remove the record from the public database, and authorizing the delivery of certified copies to the arresting agency and detention facility.

Having this order pre-drafted makes the process smoother for the court and increases the likelihood of the judge signing it without modification.

For complete petition templates, order language, and step-by-step filing instructions for each court type, the Mississippi Expungement & Record Sealing Guide provides the full pro se filing package.

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