Mississippi Expungement Waiting Period: When You Can File

Mississippi does not have a single waiting period for expungement. When you can file depends entirely on the type of case — and many blogs still cite the old five-year felony timeline that was reduced by HB 1546 in 2026. Here are the current waiting periods for each category of record relief.

Dismissed Charges: No Waiting Period

If you were arrested and released, and your case was dismissed, dropped, not prosecuted, or ended in acquittal, there is no statutory waiting period under § 99-19-71(4). You can petition the court as soon as the dismissal is entered. There is also no limit on how many dismissed cases you can expunge.

For a misdemeanor arrest or citation where no formal charges were pursued, § 99-15-59 requires twelve months from the date of the arrest or citation before you can file.

Nonadjudication and Diversion: Immediate After Completion

If you completed a nonadjudication program under § 99-15-26, you can file for expungement immediately after the court dismisses and closes your case. The same applies to pretrial intervention programs under § 99-15-123 and intervention court completions (drug, veterans, mental health courts) under § 9-23-23 and § 9-27-19.

"Immediately" means once the court enters the formal dismissal order — not when you finish your last probation appointment. Make sure the court has actually signed off on the closure before you file your petition.

First-Offense Misdemeanor: No Statutory Waiting Period

Under § 99-19-71(1), a first-offense misdemeanor conviction can be expunged once all sentencing terms are fully completed. There is no additional waiting period beyond the completion of the sentence itself — all fines paid, probation served, community service performed.

For additional misdemeanor convictions in municipal or justice court (beyond the first-offender track), § 21-23-7(6) and § 9-11-15(3) require two years of good conduct since the last conviction before a judge will consider the petition.

Felony Convictions: Three Years (Reduced from Five)

This is the change most people are searching for. House Bill 1546, signed by the Governor on March 30, 2026 and effective July 1, 2026, amended § 99-19-71(2) to reduce the waiting period for eligible felony convictions from five years to three years.

The three-year clock starts after the successful completion of all sentence terms — not from the date of conviction. That means all fines, court costs, restitution, probation, and any other court-ordered conditions must be completely discharged before the three years begin counting.

Only specific felonies qualify for this track (bad check offenses, controlled substance possession excluding methamphetamine, shoplifting, grand larceny, false pretenses, malicious mischief, and offenses committed before age 21). Violent crimes, drug trafficking, and the other permanently excluded categories remain ineligible regardless of how much time passes.

First-Offense DUI: Five Years (Unchanged)

The 2026 felony waiting period reduction does not apply to DUI convictions. Under § 63-11-30(13), the waiting period for a first-offense misdemeanor DUI remains five years after the successful completion of all sentencing terms, including MASEP, probation, and full payment of fines.

The five-year clock runs the same way as the felony clock — it starts only after every condition of the sentence is fully satisfied.

How Long Does the Process Take After Filing?

The waiting period determines when you can file. The petition processing timeline is a separate question, and it depends on several factors:

Uncontested petitions: Where the applicable notice rule includes a ten-day period, and the district attorney does not object, some judges will sign the order on the pleadings without scheduling a hearing. This can take a few weeks to a couple of months from filing.

Contested petitions: If the prosecutor objects or the court schedules a formal hearing, the timeline extends. You will need to appear, present evidence of rehabilitation, and wait for the judge's ruling. This process can stretch to several months depending on the court's docket.

Post-order processing: Even after the judge signs, the expungement is not fully effective until the order is distributed to the Mississippi Criminal Information Center and all relevant law enforcement agencies. Plan to conduct a post-expungement audit thirty to sixty days after the order is signed, and allow longer for private background check companies to refresh their cached data.

Calculating Your Timeline

The most common mistake is starting the clock from the wrong date. If your sentence included three years of probation plus fines, the waiting period does not begin until the day your probation ends and the last dollar of fines and restitution is paid — whichever comes later.

Request a certified account ledger from the court clerk showing a zero balance on all financial obligations. This document serves double duty: it proves your waiting period start date and becomes a required attachment to your petition.

For step-by-step guidance on calculating your specific waiting period and building the filing package for each case type, the Mississippi Expungement & Record Sealing Guide covers every track with the current 2026 timelines.

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