Automatic expungement; authorize for certain crimes.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Denton

HOUSE BILL NO. 1344

AN ACT TO REQUIRE THE EXPUNGEMENT OF MISDEMEANOR AND FELONY 1
CONVICTIONS BY THE DEPARTMENT OF PUBLIC SAFETY AFTER A PERIOD OF 2
YEARS; TO LIMIT THE NUMBER OF CONVICTIONS THAT MAY BE 3
AUTOMATICALLY EXPUNGED; TO AMEND SECTION 99-19-71, MISSISSIPPI 4
CODE OF 1972, TO REVISE THE NUMBER OF CONVICTIONS THAT MAY BE 5
EXPUNGED BY PETITION; TO BRING FORWARD SECTION 21-23-7, 6
MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR EXPUNGEMENTS IN 7
MUNICIPAL COURT; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. (1) (a) Any person convicted of a misdemeanor 10
shall have his or her record for the misdemeanor conviction 11
automatically expunged by the Department of Public Safety seven 12
(7) years after imposition of the sentence, or seven (7) years 13
after completion of the terms and conditions of a person's 14
conviction, whichever is later. No more than four (4) misdemeanor 15
convictions may be automatically expunged under the provisions of 16
this act. 17
(b) Any person convicted of a felony that is authorized 18
to be expunged under Section 99-19-71 shall have his or her record 19
for the felony conviction automatically expunged by the Department 20
of Public Safety ten (10) years after imposition of the sentence 21
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or ten (10) years after completion of the terms and conditions of 22
a person's conviction, whichever is later. No more than two (2) 23
felony convictions may be automatically expunged under the 24
provisions of this act. 25
(c) The seven (7) and ten (10) year automatic 26
expungement periods described in paragraphs (a) and (b) of this 27
subsection shall not be construed to change the statutory 28
provisions that govern the procedures for expungement by petition 29
as otherwise provided by law. Statutes shall be construed to 30
allow expungements by petition and automatic expungements as 31
described by this act. 32
(d) For purposes of this section, the terms "one (1) 33
conviction" and "one (1) felony expunction" mean and include all 34
convictions that arose from a common nucleus of operative facts as 35
determined in the discretion of the court. 36
(2) The Department of Public Safety shall create rules and 37
regulations that automatically expunge convictions for 38
misdemeanor and felony crimes in accordance with the provisions of 39
this section. 40
(3) (a) The Department of Public Safety shall develop a 41
computer-based program to expunge convictions in accordance with 42
the provisions of this act by July 1, 2027. 43
(b) The department shall create and maintain an 44
electronically accessible record of each conviction recorded and 45
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maintained in the state's database that is expunged and make such 46
record accessible to each court in this state by July 1, 2027. 47
SECTION 2. Section 99-19-71, Mississippi Code of 1972, is 48
amended as follows: 49
99-19-71. (1) Any person who has been convicted of a 50
misdemeanor that is not a traffic violation, and who is a first 51
offender, may petition the justice, county, circuit or municipal 52
court in which the conviction was had for an order to expunge any 53
such conviction from all public records. 54
(2) (a) Except as otherwise provided in this subsection, a 55
person who has been convicted of a felony and who has paid all 56
criminal fines and costs of court imposed in the sentence of 57
conviction may petition the court in which the conviction was had 58
for an order to expunge one (1) conviction from all public records 59
five (5) years after the successful completion of all terms and 60
conditions of the sentence for the conviction upon a hearing as 61
determined in the discretion of the court; however, a person is 62
not eligible to expunge a felony classified as: 63
(i) A crime of violence as provided in Section 64
97-3-2; 65
(ii) Arson, first degree as provided in Sections 66
97-17-1 and 97-17-3; 67
(iii) Trafficking in controlled substances as 68
provided in Section 41-29-139; 69
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(iv) A third, fourth or subsequent offense DUI as 70
provided in Section 63-11-30(2)(c) and (2)(d); 71
(v) Felon in possession of a firearm as provided 72
in Section 97-37-5; 73
(vi) Failure to register as a sex offender as 74
provided in Section 45-33-33; 75
(vii) Voyeurism as provided in Section 97-29-61; 76
(viii) Witness intimidation as provided in Section 77
97-9-113; 78
(ix) Abuse, neglect or exploitation of a 79
vulnerable person as provided in Section 43-47-19; or 80
(x) Embezzlement as provided in Sections 97-11-25 81
and 97-23-19. 82
A person is eligible for only * * * two (2) felony 83
expunctions under this paragraph. For the purposes of counting 84
convictions for purposes of this section, the terms "one (1) 85
conviction" and "one (1) felony expunction" mean and include all 86
convictions that arose from a common nucleus of operative facts as 87
determined in the discretion of the court. 88
(b) The petitioner shall give ten (10) days' written 89
notice to the district attorney before any hearing on the 90
petition. In all cases, the court wherein the petition is filed 91
may grant the petition if the court determines, on the record or 92
in writing, that the applicant is rehabilitated from the offense 93
which is the subject of the petition. In those cases where the 94
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court denies the petition, the findings of the court in this 95
respect shall be identified specifically and not generally. 96
(3) Upon entering an order of expunction under this section, 97
a nonpublic record thereof shall be retained by the Mississippi 98
Criminal Information Center solely for the purpose of determining 99
whether, in subsequent proceedings, the person is a first 100
offender. The order of expunction shall not preclude a district 101
attorney's office from retaining a nonpublic record thereof for 102
law enforcement purposes only. The existence of an order of 103
expunction shall not preclude an employer from asking a 104
prospective employee if the employee has had an order of 105
expunction entered on his behalf. The effect of the expunction 106
order shall be to restore the person, in the contemplation of the 107
law, to the status he occupied before any arrest or indictment for 108
which convicted. No person as to whom an expunction order has 109
been entered shall be held thereafter under any provision of law 110
to be guilty of perjury or to have otherwise given a false 111
statement by reason of his failure to recite or acknowledge such 112
arrest, indictment or conviction in response to any inquiry made 113
of him for any purpose other than the purpose of determining, in 114
any subsequent proceedings under this section, whether the person 115
is a first offender. A person as to whom an order has been 116
entered, upon request, shall be required to advise the court, in 117
camera, of the previous conviction and expunction in any legal 118
proceeding wherein the person has been called as a prospective 119
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juror. The court shall thereafter and before the selection of the 120
jury advise the attorneys representing the parties of the previous 121
conviction and expunction. 122
(4) Upon petition therefor, a justice, county, circuit or 123
municipal court shall expunge the record of any case in which an 124
arrest was made, the person arrested was released and the case was 125
dismissed or the charges were dropped or there was no disposition 126
of such case, or the person was found not guilty at trial. 127
(5) No public official is eligible for expunction under this 128
section for any conviction related to his official duties. 129
SECTION 3. Section 21-23-7, Mississippi Code of 1972, is 130
brought forward as follows: 131
21-23-7. (1) The municipal judge shall hold court in a 132
public building designated by the governing authorities of the 133
municipality, or may hold court in an adult detention center as 134
provided under this subsection, and may hold court every day 135
except Sundays and legal holidays if the business of the 136
municipality so requires; provided, however, the municipal judge 137
may hold court outside the boundaries of the municipality but not 138
more than within a sixty-mile radius of the municipality to handle 139
preliminary matters and criminal matters such as initial 140
appearances and felony preliminary hearings. The municipal judge 141
may hold court outside the boundaries of the municipality but not 142
more than within a one-mile radius of the municipality for any 143
purpose; however, a municipal judge may hold court outside the 144
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boundaries of the municipality more than within a one-mile radius 145
of the municipality when accepting a plea of a defendant at an 146
adult detention center within the county. The municipal judge 147
shall have the jurisdiction to hear and determine, without a jury 148
and without a record of the testimony, all cases charging 149
violations of the municipal ordinances and state misdemeanor laws 150
made offenses against the municipality and to punish offenders 151
therefor as may be prescribed by law. Except as otherwise 152
provided by law, criminal proceedings shall be brought by sworn 153
complaint filed in the municipal court. Such complaint shall 154
state the essential elements of the offense charged and the 155
statute or ordinance relied upon. Such complaint shall not be 156
required to conclude with a general averment that the offense is 157
against the peace and dignity of the state or in violation of the 158
ordinances of the municipality. He may sit as a committing court 159
in all felonies committed within the municipality, and he shall 160
have the power to bind over the accused to the grand jury or to 161
appear before the proper court having jurisdiction to try the 162
same, and to set the amount of bail or refuse bail and commit the 163
accused to jail in cases not bailable. The municipal judge is a 164
conservator of the peace within his municipality. He may conduct 165
preliminary hearings in all violations of the criminal laws of 166
this state occurring within the municipality, and any person 167
arrested for a violation of law within the municipality may be 168
brought before him for initial appearance. The municipal court 169
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shall have jurisdiction of any case remanded to it by a circuit 170
court grand jury. The municipal court shall have civil 171
jurisdiction over actions filed pursuant to and as provided in 172
Title 93, Chapter 21, Mississippi Code of 1972, the Protection 173
from Domestic Abuse Act. 174
(2) In the discretion of the court, where the objects of 175
justice would be more likely met, as an alternative to imposition 176
or payment of fine and/or incarceration, the municipal judge shall 177
have the power to sentence convicted offenders to work on a public 178
service project where the court has established such a program of 179
public service by written guidelines filed with the clerk for 180
public record. Such programs shall provide for reasonable 181
supervision of the offender and the work shall be commensurate 182
with the fine and/or incarceration that would have ordinarily been 183
imposed. Such program of public service may be utilized in the 184
implementation of the provisions of Section 99-19-20, and public 185
service work thereunder may be supervised by persons other than 186
the sheriff. 187
(3) The municipal judge may solemnize marriages, take oaths, 188
affidavits and acknowledgments, and issue orders, subpoenas, 189
summonses, citations, warrants for search and arrest upon a 190
finding of probable cause, and other such process under seal of 191
the court to any county or municipality, in a criminal case, to be 192
executed by the lawful authority of the county or the municipality 193
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of the respondent, and enforce obedience thereto. The absence of 194
a seal shall not invalidate the process. 195
(4) When a person shall be charged with an offense in 196
municipal court punishable by confinement, the municipal judge, 197
being satisfied that such person is an indigent person and is 198
unable to employ counsel, may, in the discretion of the court, 199
appoint counsel from the membership of The Mississippi Bar 200
residing in his county who shall represent him. Compensation for 201
appointed counsel in criminal cases shall be approved and allowed 202
by the municipal judge and shall be paid by the municipality. The 203
maximum compensation shall not exceed Two Hundred Dollars 204
($200.00) for any one (1) case. The governing authorities of a 205
municipality may, in their discretion, appoint a public 206
defender(s) who must be a licensed attorney and who shall receive 207
a salary to be fixed by the governing authorities. 208
(5) The municipal judge of any municipality is hereby 209
authorized to suspend the sentence and to suspend the execution of 210
the sentence, or any part thereof, on such terms as may be imposed 211
by the municipal judge. However, the suspension of imposition or 212
execution of a sentence hereunder may not be revoked after a 213
period of two (2) years. The municipal judge shall have the power 214
to establish and operate a probation program, dispute resolution 215
program and other practices or procedures appropriate to the 216
judiciary and designed to aid in the administration of justice. 217
Any such program shall be established by the court with written 218
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policies and procedures filed with the clerk of the court for 219
public record. Subsequent to original sentencing, the municipal 220
judge, in misdemeanor cases, is hereby authorized to suspend 221
sentence and to suspend the execution of a sentence, or any part 222
thereof, on such terms as may be imposed by the municipal judge, 223
if (a) the judge or his or her predecessor was authorized to order 224
such suspension when the sentence was originally imposed; and (b) 225
such conviction (i) has not been appealed; or (ii) has been 226
appealed and the appeal has been voluntarily dismissed. 227
(6) Upon prior notice to the municipal prosecuting attorney 228
and upon a showing in open court of rehabilitation, good conduct 229
for a period of two (2) years since the last conviction in any 230
court and that the best interest of society would be served, the 231
court may, in its discretion, order the record of conviction of a 232
person of any or all misdemeanors in that court expunged, and upon 233
so doing the said person thereafter legally stands as though he 234
had never been convicted of the said misdemeanor(s) and may 235
lawfully so respond to any query of prior convictions. This order 236
of expunction does not apply to the confidential records of law 237
enforcement agencies and has no effect on the driving record of a 238
person maintained under Title 63, Mississippi Code of 1972, or any 239
other provision of said Title 63. 240
(7) Notwithstanding the provisions of subsection (6) of this 241
section, a person who was convicted in municipal court of a 242
misdemeanor before reaching his twenty-third birthday, excluding 243
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conviction for a traffic violation, and who is a first offender, 244
may utilize the provisions of Section 99-19-71, to expunge such 245
misdemeanor conviction. 246
(8) In the discretion of the court, a plea of nolo 247
contendere may be entered to any charge in municipal court. Upon 248
the entry of a plea of nolo contendere the court shall convict the 249
defendant of the offense charged and shall proceed to sentence the 250
defendant according to law. The judgment of the court shall 251
reflect that the conviction was on a plea of nolo contendere. An 252
appeal may be made from a conviction on a plea of nolo contendere 253
as in other cases. 254
(9) Upon execution of a sworn complaint charging a 255
misdemeanor, the municipal court may, in its discretion and in 256
lieu of an arrest warrant, issue a citation requiring the 257
appearance of the defendant to answer the charge made against him. 258
On default of appearance, an arrest warrant may be issued for the 259
defendant. The clerk of the court or deputy clerk may issue such 260
citations. 261
(10) The municipal court shall have the power to make rules 262
for the administration of the court's business, which rules, if 263
any, shall be in writing filed with the clerk of the court and 264
shall include the enactment of rules related to the court's 265
authority to issue domestic abuse protection orders pursuant to 266
Section 93-21-1 et seq. 267
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(11) The municipal court shall have the power to impose 268
punishment of a fine of not more than One Thousand Dollars 269
($1,000.00) or six (6) months imprisonment, or both, for contempt 270
of court. The municipal court may have the power to impose 271
reasonable costs of court, not in excess of the following: 272
Dismissal of any affidavit, complaint or charge 273
in municipal court........................................ $ 50.00 274
Suspension of a minor's driver's license in lieu of 275
conviction................................................ $ 50.00 276
Service of scire facias or return "not found"........ $ 20.00 277
Causing search warrant to issue or causing 278
prosecution without reasonable cause or refusing to 279
cooperate after initiating action......................... $ 100.00 280
Certified copy of the court record................... $ 5.00 281
Service of arrest warrant for failure to answer 282
citation or traffic summons............................... $ 25.00 283
Jail cost per day - actual jail cost paid by the municipality 284
but not to exceed........................................ $ 35.00 285
Service of court documents related to the filing 286
of a petition or issuance of a protection from domestic 287
abuse order under Title 93, Chapter 21, Mississippi Code of 288
1972 ..................................................... $ 25.00 289
Any other item of court cost......................... $ 50.00 290
No filing fee or such cost shall be imposed for the bringing 291
of an action in municipal court. 292
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(12) A municipal court judge shall not dismiss a criminal 293
case but may transfer the case to the justice court of the county 294
if the municipal court judge is prohibited from presiding over the 295
case by the Canons of Judicial Conduct and provided that venue and 296
jurisdiction are proper in the justice court. Upon transfer of 297
any such case, the municipal court judge shall give the municipal 298
court clerk a written order to transmit the affidavit or complaint 299
and all other records and evidence in the court's possession to 300
the justice court by certified mail or to instruct the arresting 301
officer to deliver such documents and records to the justice 302
court. There shall be no court costs charged for the transfer of 303
the case to the justice court. 304
(13) A municipal court judge shall expunge the record of any 305
case in which an arrest was made, the person arrested was released 306
and the case was dismissed or the charges were dropped, there was 307
no disposition of such case or the person was found not guilty at 308
trial. 309
(14) For violations of municipal ordinances related to real 310
property, the municipal judge shall have the power to order a 311
defendant to remedy violations within a reasonable time period as 312
set by the judge, and at the discretion of the judge, the judge 313
may simultaneously authorize the municipality, at its request, the 314
option to remedy the violation itself, through the use of its own 315
employees or its contractors, without further notice should the 316
defendant fail to fully do so within the time period set by the 317
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ST: Automatic expungement; authorize for
certain crimes.
judge. Subsequent to the municipality remedying the violation, 318
the municipality may petition the court to assess documented 319
cleanup costs to the defendant, and, if, following a hearing on 320
such petition, the judge determines (a) the violations were not 321
remedied by the defendant within the time required by the court, 322
(b) that the municipality remedied the violation itself after such 323
time period expired and (c) that the costs incurred by the 324
municipality were reasonable, the court may assess the costs to 325
the defendant as a judgement, which may be enrolled in the office 326
of the circuit clerk. 327
SECTION 4. This act shall take effect and be in force from 328
and after July 1, 2026. 329