Mississippi Expungement for Shoplifting, Drug Possession, Simple Assault, and Bad Checks

Your Eligibility Depends on the Exact Charge Level

Mississippi treats expungement eligibility differently depending on whether your offense was charged as a misdemeanor or a felony, and the specific statute under which you were convicted. The same underlying conduct — shoplifting, drug possession, writing a bad check — can carry very different expungement rules depending on the value of goods involved, the substance quantity, or whether it is a first offense.

Here is how the four most commonly searched offenses break down under Mississippi law.

Shoplifting

Misdemeanor shoplifting (under § 97-23-93): If the conviction qualifies for the misdemeanor pathway, it may be eligible for first-offense misdemeanor expungement under § 99-19-71(1). You must have completed all sentencing terms — fines, restitution, and any probation. No statutory waiting period after completion.

Felony shoplifting: Shoplifting under § 97-23-93 is specifically listed as an eligible felony for first-time offenders under § 99-19-71(2). The waiting period is three years after the successful completion of all sentencing terms, reduced from five years by HB 1546 effective July 1, 2026.

In both cases, this must be your first offense eligible for expungement under that specific statutory track. If you already used your one-time misdemeanor or felony expungement on a different conviction, the shoplifting charge is not eligible through those pathways.

Drug Possession

Misdemeanor possession: A possession conviction that qualifies as a misdemeanor may be eligible for first-offense misdemeanor expungement under § 99-19-71(1) once all sentencing terms are completed.

Felony possession of a controlled substance or paraphernalia: Eligible for first-time felony expungement under § 99-19-71(2) — but with a critical exception. Methamphetamine possession is excluded from the eligible felony list. If your conviction involves methamphetamine, it cannot be expunged through the standard felony pathway.

For non-methamphetamine controlled substances, the three-year waiting period applies (down from five years under HB 1546). All fines, fees, restitution, and supervision must be fully discharged before you can file.

Drug trafficking: Trafficking in controlled substances under § 41-29-139 is permanently ineligible for expungement. No pathway exists to clear this conviction through the court system. A governor's pardon is the only form of official relief.

Nonadjudication completions: If you received a nonadjudicated disposition under § 99-15-26 for a drug charge — meaning you completed probation and the case was dismissed without a formal conviction — you can file for expungement immediately under § 99-15-26(5). This is often the best outcome for first-time drug possession cases.

Simple Assault

Misdemeanor simple assault (§ 97-3-7): Eligible for first-offense misdemeanor expungement under § 99-19-71(1), assuming all sentencing terms are completed and this is your first use of the misdemeanor expungement track.

Felony assault (aggravated assault, assault on a law enforcement officer, domestic violence aggravated assault): These fall under "crimes of violence" as defined in § 97-3-2 and are permanently ineligible for expungement. The distinction between simple assault (misdemeanor) and aggravated assault (felony) is critical for eligibility.

Domestic violence misdemeanor: Mississippi treats misdemeanor domestic violence under § 97-3-7 separately in some procedural contexts. Review the exact statute and disposition before assuming the misdemeanor pathway applies. A state expungement does not automatically clear a federal firearms disability under 18 U.S.C. § 922, so consulting an attorney before filing is strongly advised.

Bad Checks

Misdemeanor bad checks (under § 97-19-55): A bad-check conviction that qualifies as a misdemeanor may be eligible for first-offense misdemeanor expungement under § 99-19-71(1). Restitution — meaning the full amount of the bad check plus any fees — must be paid before you can file.

Felony bad checks (§ 97-19-55): Bad check offenses under § 97-19-55 are specifically listed as eligible felonies under § 99-19-71(2). Three-year waiting period after completion of all sentencing terms, including full restitution.

Bad check cases are one of the more straightforward felony expungement scenarios because the offense is explicitly named in the statute and there is usually a clear, documentable restitution amount. Courts want to see a zero balance with the court clerk and proof that the original check amount was made whole.

The Pattern Across All Four Offenses

A few rules apply regardless of which specific charge you are dealing with:

• One-time use: The first-offense misdemeanor track under § 99-19-71(1) and the first-offense felony track under § 99-19-71(2) are each limited to one conviction per lifetime
• All fines and restitution must be paid: An outstanding balance of any amount blocks your eligibility
• File in the correct court: The petition goes to the exact court where the case was resolved — municipal, justice, county, or circuit court
• Nonadjudication is your best-case scenario: If you received nonadjudication instead of a conviction, your path to expungement is more direct and has no waiting period

The Mississippi Expungement & Record Sealing Guide includes an eligibility diagnostic that walks you through each statutory pathway based on your specific charge and disposition, along with filing checklists for each court type.

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