Misdemeanor crimes; require automatic expungement of.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Nelson

HOUSE BILL NO. 455

AN ACT TO AMEND SECTION 99-19-71, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE AUTOMATIC EXPUNGEMENT OF MISDEMEANORS; TO AMEND 2
SECTIONS 9-11-15 AND 21-23-7, MISSISSIPPI CODE OF 1972, TO CONFORM 3
TO THE PRECEDING SECTION; TO AMEND SECTIONS 99-15-26 AND 99-15-59, 4
MISSISSIPPI CODE OF 1972, TO REQUIRE THE APPROPRIATE COURT TO 5
AUTOMATICALLY EXPUNGE THE RECORD OF ANY CASES IN WHICH AN ARREST 6
WAS MADE, THE PERSON ARRESTED WAS RELEASED AND THE CASE WAS 7
DISMISSED OR THE CHARGES WERE DROPPED, THERE WAS NO DISPOSITION OF 8
SUCH CASE, OR THE PERSON WAS FOUND NOT GUILTY AT TRIAL; TO AMEND 9
SECTION 45-27-9, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL LAW 10
ENFORCEMENT AGENCIES TO REPORT SUCH EXPUNGEMENTS TO THE 11
MISSISSIPPI JUSTICE INFORMATION CENTER; TO BRING FORWARD SECTIONS 12
45-27-5 AND 45-27-21, MISSISSIPPI CODE OF 1972, WHICH REGULATE 13
DUTIES OF THE MISSISSIPPI JUSTICE INFORMATION CENTER, FOR PURPOSES 14
OF AMENDMENT; TO BRING FORWARD SECTION 99-19-72, MISSISSIPPI CODE 15
OF 1972, WHICH PROVIDES A FEE SCHEDULE FOR EXPUNGEMENT PETITIONS, 16
FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. Section 99-19-71, Mississippi Code of 1972, is 19
amended as follows: 20
99-19-71. (1) Any person who has been convicted of a 21
misdemeanor that is not a traffic violation, * * * shall have the 22
violation expunged from his or her record by the justice, county, 23
circuit or municipal court in which the conviction was had * * *. 24
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(2) (a) Except as otherwise provided in this subsection, a 25
person who has been convicted of a felony and who has paid all 26
criminal fines and costs of court imposed in the sentence of 27
conviction may petition the court in which the conviction was had 28
for an order to expunge one (1) conviction from all public records 29
five (5) years after the successful completion of all terms and 30
conditions of the sentence for the conviction upon a hearing as 31
determined in the discretion of the court; however, a person is 32
not eligible to expunge a felony classified as: 33
(i) A crime of violence as provided in Section 34
97-3-2; 35
(ii) Arson, first degree as provided in Sections 36
97-17-1 and 97-17-3; 37
(iii) Trafficking in controlled substances as 38
provided in Section 41-29-139; 39
(iv) A third, fourth or subsequent offense DUI as 40
provided in Section 63-11-30(2)(c) and (2)(d); 41
(v) Felon in possession of a firearm as provided 42
in Section 97-37-5; 43
(vi) Failure to register as a sex offender as 44
provided in Section 45-33-33; 45
(vii) Voyeurism as provided in Section 97-29-61; 46
(viii) Witness intimidation as provided in Section 47
97-9-113; 48
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(ix) Abuse, neglect or exploitation of a 49
vulnerable person as provided in Section 43-47-19; or 50
(x) Embezzlement as provided in Sections 97-11-25 51
and 97-23-19. 52
A person is eligible for only one (1) felony expunction under 53
this paragraph. For the purposes of this section, the terms "one 54
(1) conviction" and "one (1) felony expunction" mean and include 55
all convictions that arose from a common nucleus of operative 56
facts as determined in the discretion of the court. 57
(b) The petitioner shall give ten (10) days' written 58
notice to the district attorney before any hearing on the 59
petition. In all cases, the court wherein the petition is filed 60
may grant the petition if the court determines, on the record or 61
in writing, that the applicant is rehabilitated from the offense 62
which is the subject of the petition. In those cases where the 63
court denies the petition, the findings of the court in this 64
respect shall be identified specifically and not generally. 65
(3) Upon entering an order of expunction under this section, 66
a nonpublic record thereof shall be retained by the Mississippi 67
Criminal Information Center solely for the purpose of determining 68
whether, in subsequent proceedings, the person is a first 69
offender. The order of expunction shall not preclude a district 70
attorney's office from retaining a nonpublic record thereof for 71
law enforcement purposes only. The existence of an order of 72
expunction shall not preclude an employer from asking a 73
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prospective employee if the employee has had an order of 74
expunction entered on his behalf. The effect of the expunction 75
order shall be to restore the person, in the contemplation of the 76
law, to the status he occupied before any arrest or indictment for 77
which convicted. No person as to whom an expunction order has 78
been entered shall be held thereafter under any provision of law 79
to be guilty of perjury or to have otherwise given a false 80
statement by reason of his failure to recite or acknowledge such 81
arrest, indictment or conviction in response to any inquiry made 82
of him for any purpose other than the purpose of determining, in 83
any subsequent proceedings under this section, whether the person 84
is a first offender. A person as to whom an order has been 85
entered, upon request, shall be required to advise the court, in 86
camera, of the previous conviction and expunction in any legal 87
proceeding wherein the person has been called as a prospective 88
juror. The court shall thereafter and before the selection of the 89
jury advise the attorneys representing the parties of the previous 90
conviction and expunction. 91
(4) Upon petition therefor, a justice, county, circuit or 92
municipal court shall expunge the record of any case in which an 93
arrest was made, the person arrested was released and the case was 94
dismissed or the charges were dropped or there was no disposition 95
of such case, or the person was found not guilty at trial. 96
(5) No public official is eligible for expunction under this 97
section for any conviction related to his official duties. 98
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SECTION 2. Section 9-11-15, Mississippi Code of 1972, is 99
amended as follows: 100
9-11-15. (1) Justice court judges shall hold regular terms 101
of their courts, at such times as they may appoint, not exceeding 102
two (2) and not less than one (1) in every month, at the 103
appropriate justice court courtroom established by the board of 104
supervisors; and they may continue to hold their courts from day 105
to day so long as business may require; and all process shall be 106
returnable, and all trials shall take place at such regular terms, 107
except where it is otherwise provided; but where the defendant is 108
a nonresident or transient person, and it shall be shown by the 109
oath of either party that a delay of the trial until the regular 110
term will be of material injury to him, it shall be lawful for the 111
judge to have the parties brought before him at any reasonable 112
time and hear the evidence and give judgment or where the 113
defendant is a nonresident or transient person and the judge and 114
all parties agree, it shall be lawful for the judge to have the 115
parties brought before him on the day a citation is made and hear 116
the evidence and give judgment. Such court shall be a court of 117
record, with all the power incident to a court of record, 118
including power to fine in the amount of fine and length of 119
imprisonment as is authorized for a municipal court in Section 120
21-23-7(11) for contempt of court. 121
(2) (a) In counties with a population of less than one 122
hundred fifty thousand (150,000), each justice court shall 123
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designate at least one-half (1/2) day each month as a traffic 124
court day, sufficient to handle the traffic violations docket of 125
that court, and shall notify all appropriate law enforcement 126
agencies of the date or dates. On the day or days so designated, 127
the justice court shall give priority to all cases involving 128
traffic violations. 129
(b) In counties with a population of one hundred fifty 130
thousand (150,000) or more, each justice court shall designate at 131
least one (1) day each month as a traffic court day, sufficient to 132
handle the traffic violations of that court, and shall notify all 133
appropriate law enforcement agencies of the date or dates. On the 134
day or days so designated, the justice court shall give priority 135
to all cases involving traffic violations. The one (1) day may be 136
one (1) whole day or it may be divided into half days as long as 137
one-half (1/2) day is held in the morning and one-half (1/2) day 138
is held in the afternoon, in the discretion of the court. 139
(3) The justice court may, in its discretion, upon prior 140
notice to the county prosecutor and upon a showing in open court 141
of rehabilitation, good conduct for a period of two (2) years 142
since the last conviction in any court and that the best interest 143
of society would be served, order the record of conviction of a 144
person of any or all misdemeanors in that court expunged, and upon 145
so doing, such person thereafter legally stands as though he or 146
she had never been convicted of the misdemeanor(s) and may 147
lawfully so respond to any query of prior convictions. This order 148
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of expunction does not apply to the confidential records of law 149
enforcement agencies and has no effect on the driving record of a 150
person maintained under Title 63, Mississippi Code of 1972, or any 151
other provision of said Title 63. 152
(4) Notwithstanding the provisions of subsection (3) of this 153
section, a person who was convicted in justice court of a 154
misdemeanor * * *, excluding conviction for a traffic 155
violation, * * * shall automatically have the misdemeanor 156
conviction expunged. 157
SECTION 3. Section 21-23-7, Mississippi Code of 1972, is 158
amended as follows: 159
21-23-7. (1) The municipal judge shall hold court in a 160
public building designated by the governing authorities of the 161
municipality, or may hold court in an adult detention center as 162
provided under this subsection, and may hold court every day 163
except Sundays and legal holidays if the business of the 164
municipality so requires; provided, however, the municipal judge 165
may hold court outside the boundaries of the municipality but not 166
more than within a sixty-mile radius of the municipality to handle 167
preliminary matters and criminal matters such as initial 168
appearances and felony preliminary hearings. The municipal judge 169
may hold court outside the boundaries of the municipality but not 170
more than within a one-mile radius of the municipality for any 171
purpose; however, a municipal judge may hold court outside the 172
boundaries of the municipality more than within a one-mile radius 173
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of the municipality when accepting a plea of a defendant at an 174
adult detention center within the county. The municipal judge 175
shall have the jurisdiction to hear and determine, without a jury 176
and without a record of the testimony, all cases charging 177
violations of the municipal ordinances and state misdemeanor laws 178
made offenses against the municipality and to punish offenders 179
therefor as may be prescribed by law. Except as otherwise 180
provided by law, criminal proceedings shall be brought by sworn 181
complaint filed in the municipal court. Such complaint shall 182
state the essential elements of the offense charged and the 183
statute or ordinance relied upon. Such complaint shall not be 184
required to conclude with a general averment that the offense is 185
against the peace and dignity of the state or in violation of the 186
ordinances of the municipality. He may sit as a committing court 187
in all felonies committed within the municipality, and he shall 188
have the power to bind over the accused to the grand jury or to 189
appear before the proper court having jurisdiction to try the 190
same, and to set the amount of bail or refuse bail and commit the 191
accused to jail in cases not bailable. The municipal judge is a 192
conservator of the peace within his municipality. He may conduct 193
preliminary hearings in all violations of the criminal laws of 194
this state occurring within the municipality, and any person 195
arrested for a violation of law within the municipality may be 196
brought before him for initial appearance. The municipal court 197
shall have jurisdiction of any case remanded to it by a circuit 198
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court grand jury. The municipal court shall have civil 199
jurisdiction over actions filed pursuant to and as provided in 200
Chapter 21, Title 93, * * * Mississippi Code of 1972, the 201
Protection from Domestic Abuse Act. 202
(2) In the discretion of the court, where the objects of 203
justice would be more likely met, as an alternative to imposition 204
or payment of fine and/or incarceration, the municipal judge shall 205
have the power to sentence convicted offenders to work on a public 206
service project where the court has established such a program of 207
public service by written guidelines filed with the clerk for 208
public record. Such programs shall provide for reasonable 209
supervision of the offender and the work shall be commensurate 210
with the fine and/or incarceration that would have ordinarily been 211
imposed. Such program of public service may be utilized in the 212
implementation of the provisions of Section 99-19-20, and public 213
service work thereunder may be supervised by persons other than 214
the sheriff. 215
(3) The municipal judge may solemnize marriages, take oaths, 216
affidavits and acknowledgments, and issue orders, subpoenas, 217
summonses, citations, warrants for search and arrest upon a 218
finding of probable cause, and other such process under seal of 219
the court to any county or municipality, in a criminal case, to be 220
executed by the lawful authority of the county or the municipality 221
of the respondent, and enforce obedience thereto. The absence of 222
a seal shall not invalidate the process. 223
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(4) When a person shall be charged with an offense in 224
municipal court punishable by confinement, the municipal judge, 225
being satisfied that such person is an indigent person and is 226
unable to employ counsel, may, in the discretion of the court, 227
appoint counsel from the membership of The Mississippi Bar 228
residing in his county who shall represent him. Compensation for 229
appointed counsel in criminal cases shall be approved and allowed 230
by the municipal judge and shall be paid by the municipality. The 231
maximum compensation shall not exceed Two Hundred Dollars 232
($200.00) for any one (1) case. The governing authorities of a 233
municipality may, in their discretion, appoint a public 234
defender(s) who must be a licensed attorney and who shall receive 235
a salary to be fixed by the governing authorities. 236
(5) The municipal judge of any municipality is hereby 237
authorized to suspend the sentence and to suspend the execution of 238
the sentence, or any part thereof, on such terms as may be imposed 239
by the municipal judge. However, the suspension of imposition or 240
execution of a sentence hereunder may not be revoked after a 241
period of two (2) years. The municipal judge shall have the power 242
to establish and operate a probation program, dispute resolution 243
program and other practices or procedures appropriate to the 244
judiciary and designed to aid in the administration of justice. 245
Any such program shall be established by the court with written 246
policies and procedures filed with the clerk of the court for 247
public record. Subsequent to original sentencing, the municipal 248
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judge, in misdemeanor cases, is hereby authorized to suspend 249
sentence and to suspend the execution of a sentence, or any part 250
thereof, on such terms as may be imposed by the municipal judge, 251
if (a) the judge or his or her predecessor was authorized to order 252
such suspension when the sentence was originally imposed; and (b) 253
such conviction (i) has not been appealed; or (ii) has been 254
appealed and the appeal has been voluntarily dismissed. 255
(6) * * * The court * * * shall automatically order the 256
record of conviction of a person of any or all misdemeanors in 257
that court expunged, and upon so doing the said person thereafter 258
legally stands as though he had never been convicted of the said 259
misdemeanor(s) and may lawfully so respond to any query of prior 260
convictions. This order of expunction does not apply to the 261
confidential records of law enforcement agencies and has no effect 262
on the driving record of a person maintained under Title 63, 263
Mississippi Code of 1972, or any other provision of said Title 63. 264
(7) Notwithstanding the provisions of subsection (6) of this 265
section, a person who was convicted in municipal court of a 266
misdemeanor before reaching his twenty-third birthday, excluding 267
conviction for a traffic violation, and who is a first offender, 268
may utilize the provisions of Section 99-19-71, to expunge such 269
misdemeanor conviction. 270
(8) In the discretion of the court, a plea of nolo 271
contendere may be entered to any charge in municipal court. Upon 272
the entry of a plea of nolo contendere the court shall convict the 273
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defendant of the offense charged and shall proceed to sentence the 274
defendant according to law. The judgment of the court shall 275
reflect that the conviction was on a plea of nolo contendere. An 276
appeal may be made from a conviction on a plea of nolo contendere 277
as in other cases. 278
(9) Upon execution of a sworn complaint charging a 279
misdemeanor, the municipal court may, in its discretion and in 280
lieu of an arrest warrant, issue a citation requiring the 281
appearance of the defendant to answer the charge made against him. 282
On default of appearance, an arrest warrant may be issued for the 283
defendant. The clerk of the court or deputy clerk may issue such 284
citations. 285
(10) The municipal court shall have the power to make rules 286
for the administration of the court's business, which rules, if 287
any, shall be in writing filed with the clerk of the court and 288
shall include the enactment of rules related to the court's 289
authority to issue domestic abuse protection orders pursuant to 290
Section 93-21-1 et seq. 291
(11) The municipal court shall have the power to impose 292
punishment of a fine of not more than One Thousand Dollars 293
($1,000.00) or six (6) months imprisonment, or both, for contempt 294
of court. The municipal court may have the power to impose 295
reasonable costs of court, not in excess of the following: 296
Dismissal of any affidavit, complaint or charge 297
in municipal court........................................ $ 50.00 298
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Suspension of a minor's driver's license in lieu of 299
conviction................................................ $ 50.00 300
Service of scire facias or return "not found"........ $ 20.00 301
Causing search warrant to issue or causing 302
prosecution without reasonable cause or refusing to 303
cooperate after initiating action......................... $ 100.00 304
Certified copy of the court record................... $ 5.00 305
Service of arrest warrant for failure to answer 306
citation or traffic summons............................... $ 25.00 307
Jail cost per day - actual jail cost paid by the municipality 308
but not to exceed........................................ $ 35.00 309
Service of court documents related to the filing 310
of a petition or issuance of a protection from domestic 311
abuse order under Chapter 21, Title 93, * * * Mississippi Code of 312
1972 ..................................................... $ 25.00 313
Any other item of court cost......................... $ 50.00 314
No filing fee or such cost shall be imposed for the bringing 315
of an action in municipal court. 316
(12) A municipal court judge shall not dismiss a criminal 317
case but may transfer the case to the justice court of the county 318
if the municipal court judge is prohibited from presiding over the 319
case by the Canons of Judicial Conduct and provided that venue and 320
jurisdiction are proper in the justice court. Upon transfer of 321
any such case, the municipal court judge shall give the municipal 322
court clerk a written order to transmit the affidavit or complaint 323
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and all other records and evidence in the court's possession to 324
the justice court by certified mail or to instruct the arresting 325
officer to deliver such documents and records to the justice 326
court. There shall be no court costs charged for the transfer of 327
the case to the justice court. 328
(13) A municipal court judge shall automatically expunge the 329
record of any case in which an arrest was made, the person 330
arrested was released and the case was dismissed or the charges 331
were dropped, there was no disposition of such case or the person 332
was found not guilty at trial. 333
(14) For violations of municipal ordinances related to real 334
property, the municipal judge shall have the power to order a 335
defendant to remedy violations within a reasonable time period as 336
set by the judge, and at the discretion of the judge, the judge 337
may simultaneously authorize the municipality, at its request, the 338
option to remedy the violation itself, through the use of its own 339
employees or its contractors, without further notice should the 340
defendant fail to fully do so within the time period set by the 341
judge. Subsequent to the municipality remedying the violation, 342
the municipality may petition the court to assess documented 343
cleanup costs to the defendant, and, if, following a hearing on 344
such petition, the judge determines (a) the violations were not 345
remedied by the defendant within the time required by the court, 346
(b) that the municipality remedied the violation itself after such 347
time period expired and (c) that the costs incurred by the 348
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municipality were reasonable, the court may assess the costs to 349
the defendant as a judgement, which may be enrolled in the office 350
of the circuit clerk. 351
SECTION 4. Section 99-15-26, Mississippi Code of 1972, is 352
amended as follows: 353
99-15-26. (1) (a) In all criminal cases, felony and 354
misdemeanor, other than crimes against the person, a crime of 355
violence as defined in Section 97-3-2, a violation of Section 356
97-11-31, or crimes in which a person unlawfully takes, obtains or 357
misappropriates funds received by or entrusted to the person by 358
virtue of his or her public office or employment, the circuit or 359
county court shall be empowered, upon the entry of a plea of 360
guilty by a criminal defendant made on or after July 1, 2014, to 361
withhold acceptance of the plea and sentence thereon pending 362
successful completion of such conditions as may be imposed by the 363
court pursuant to subsection (2) of this section. 364
(b) In all misdemeanor criminal cases, other than 365
crimes against the person, the justice or municipal court shall be 366
empowered, upon the entry of a plea of guilty by a criminal 367
defendant, to withhold acceptance of the plea and sentence thereon 368
pending successful completion of such conditions as may be imposed 369
by the court pursuant to subsection (2) of this section. 370
(c) Notwithstanding paragraph (a) of this subsection 371
(1), in all criminal cases charging a misdemeanor of domestic 372
violence as defined in Section 99-3-7(5), a circuit, county, 373
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justice or municipal court shall be empowered, upon the entry of a 374
plea of guilty by the criminal defendant, to withhold acceptance 375
of the plea and sentence thereon pending successful completion of 376
such conditions as may be imposed by the court pursuant to 377
subsection (2) of this section. 378
(d) No person having previously qualified under the 379
provisions of this section shall be eligible to qualify for 380
release in accordance with this section for a repeat offense. A 381
person shall not be eligible to qualify for release in accordance 382
with this section if charged with the offense of trafficking of a 383
controlled substance as provided in Section 41-29-139(f) or if 384
charged with an offense under the Mississippi Implied Consent Law. 385
Violations under the Mississippi Implied Consent Law can only be 386
nonadjudicated under the provisions of Section 63-11-30. 387
(2) (a) Conditions which the circuit, county, justice or 388
municipal court may impose under subsection (1) of this section 389
shall consist of: 390
(i) Reasonable restitution to the victim of the 391
crime. 392
(ii) Performance of not more than nine hundred 393
sixty (960) hours of public service work approved by the court. 394
(iii) Payment of a fine not to exceed the 395
statutory limit. 396
(iv) Successful completion of drug, alcohol, 397
psychological or psychiatric treatment, successful completion of a 398
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program designed to bring about the cessation of domestic abuse, 399
or any combination thereof, if the court deems treatment 400
necessary. 401
(v) The circuit or county court, in its 402
discretion, may require the defendant to remain in the program 403
subject to good behavior for a period of time not to exceed five 404
(5) years. The justice or municipal court, in its discretion, may 405
require the defendant to remain in the program subject to good 406
behavior for a period of time not to exceed two (2) years. 407
(b) Conditions which the circuit or county court may 408
impose under subsection (1) of this section also include 409
successful completion of an effective evidence-based program or a 410
properly controlled pilot study designed to contribute to the 411
evidence-based research literature on programs targeted at 412
reducing recidivism. Such program or pilot study may be community 413
based or institutionally based and should address risk factors 414
identified in a formal assessment of the offender's risks and 415
needs. 416
(3) When the court has imposed upon the defendant the 417
conditions set out in this section, the court shall release the 418
bail bond, if any. 419
(4) Upon successful completion of the court-imposed 420
conditions permitted by subsection (2) of this section, the court 421
shall direct that the cause be dismissed and the case be closed. 422
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(5) * * * The court shall immediately expunge the record of 423
any case in which an arrest was made, the person arrested was 424
released and the case was dismissed or the charges were dropped, 425
there was no disposition of such case, or the person was found not 426
guilty at trial. 427
SECTION 5. Section 99-15-59, Mississippi Code of 1972, is 428
amended as follows: 429
99-15-59. The court shall automatically expunge the record 430
of any person who is arrested, issued a citation, or held for any 431
misdemeanor and not formally charged or prosecuted with an offense 432
within twelve (12) months of arrest, or upon dismissal of the 433
charge * * *. 434
SECTION 6. Section 45-27-9, Mississippi Code of 1972, is 435
amended as follows: 436
45-27-9. (1) All criminal justice agencies within the state 437
shall submit to the center an arrest card that will transmit 438
fingerprints, descriptions, photographs (when specifically 439
requested), and other identifying data on persons who have been 440
lawfully arrested or taken into custody in this state for all 441
felonies and misdemeanors as described in Section 45-27-7(2)(a). 442
It shall be the duty of all chiefs of police, sheriffs, district 443
attorneys, courts, court clerks, judges, parole and probation 444
officers, wardens or other persons in charge of correctional 445
institutions in this state to furnish the center with all data 446
required by the rules duly promulgated under the Administrative 447
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Procedures Act to carry out its responsibilities under this 448
chapter, and the duty of courts and court clerks to submit a 449
disposition form for every disposition. It shall be the duty of 450
all criminal justice agencies within the state to supply the 451
prosecutor and the proper court with the disposition form that is 452
attached to the physical arrest card if fingerprints were taken 453
manually or, if fingerprints were captured digitally, the 454
disposition form generated by the electronic fingerprint device at 455
the time of the arrest. The PEER committee may conduct random 456
review of the records of any agency or clerks referenced in this 457
subsection (1) to determine whether the duties of such agencies 458
and clerks are being fulfilled in a timely manner. The PEER 459
committee, based on its findings, if any, shall recommend measures 460
to ensure that the duties are more effectively carried out in a 461
timely manner. 462
(2) (a) All persons in charge of law enforcement agencies 463
shall obtain, or cause to be obtained, fingerprints according to 464
the fingerprint system of identification established by the 465
Director of the Federal Bureau of Investigation, full face and 466
profile photographs (if equipment is available) and other 467
available identifying data, of each person arrested or taken into 468
custody for an offense of a type designated in subsection (1) of 469
this section, of all persons arrested or taken into custody as 470
fugitives from justice and of all unidentified human corpses in 471
their jurisdictions, but photographs need not be taken if it is 472
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known that photographs of the type listed, taken within the 473
previous year, are on file. Any record taken in connection with 474
any person arrested or taken into custody and subsequently 475
released without charge or cleared of the offense through court 476
proceedings shall be purged from the files of the center and 477
destroyed upon receipt by the center of a lawful expunction order. 478
All persons in charge of law enforcement agencies shall submit to 479
the center detailed descriptions of arrests or takings into 480
custody which result in release without charge or subsequent 481
exoneration from criminal liability within twenty-four (24) hours 482
of the release or exoneration. 483
(b) The center will work to secure grant funds to 484
purchase live scan equipment to be utilized throughout the state. 485
All law enforcement agencies shall utilize any live scan equipment 486
provided by the center to ensure the most accurate collection of 487
fingerprints. The center shall coordinate the use of the 488
equipment with federal, state, county and municipal law 489
enforcement agencies. 490
(3) Fingerprints and other identifying data required to be 491
taken under subsection (2) shall be forwarded within twenty-four 492
(24) hours after taking for filing and classification, but the 493
period of twenty-four (24) hours may be extended to cover any 494
intervening holiday or weekend. Photographs taken shall be 495
forwarded at the discretion of the agency concerned, but, if not 496
forwarded, the fingerprint record shall be marked "Photo 497
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Available" and the photographs shall be forwarded subsequently if 498
the center so requests. 499
(4) All persons in charge of law enforcement agencies shall 500
submit to the center detailed descriptions of arrest warrants and 501
related identifying data immediately upon determination of the 502
fact that the warrant cannot be served for the reasons stated. If 503
the warrant is subsequently served or withdrawn, the law 504
enforcement agency concerned must immediately notify the center of 505
the service or withdrawal. Also, the agency concerned must 506
annually, no later than January 31 of each year and at other times 507
if requested by the center, confirm all arrest warrants which 508
continue to be outstanding. Upon receipt of a lawful expunction 509
order, the center shall purge and destroy files of all data 510
relating to an offense when an individual is subsequently 511
exonerated from criminal liability of that offense. The center 512
shall not be liable for the failure to purge, destroy or expunge 513
any records if an agency or court fails to forward to the center 514
proper documentation ordering the action. 515
(5) All persons in charge of state correctional institutions 516
shall obtain fingerprints, according to the fingerprint system of 517
identification established by the Director of the Federal Bureau 518
of Investigation or as otherwise directed by the center, and full 519
face and profile photographs of all persons received on commitment 520
to the institutions. The prints so taken shall be forwarded to 521
the center, together with any other identifying data requested, 522
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within ten (10) days after the arrival at the institution of the 523
person committed. At the time of release, the institution will 524
again obtain fingerprints, as before, and forward them to the 525
center within ten (10) days, along with any other related 526
information requested by the center. The institution shall notify 527
the center immediately upon the release of the person. 528
(6) All persons in charge of law enforcement agencies, all 529
court clerks, all municipal justices where they have no clerks, 530
all justice court judges and all persons in charge of state and 531
county probation and parole offices, shall supply the center with 532
the information described in subsections (4) and (10) of this 533
section on the basis of the forms and instructions for the 534
disposition form to be supplied by the center. 535
(7) All persons in charge of law enforcement agencies in 536
this state shall furnish the center with any other identifying 537
data required in accordance with guidelines established by the 538
center. All law enforcement agencies and correctional 539
institutions in this state having criminal identification files 540
shall cooperate in providing the center with copies of the items 541
in the files which will aid in establishing the nucleus of the 542
state criminal identification file. 543
(8) All law enforcement agencies within the state shall 544
report to the center, in a manner prescribed by the center, all 545
persons wanted by and all vehicles and identifiable property 546
stolen from their jurisdictions. The report shall be made as soon 547
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as is practical after the investigating department or agency 548
either ascertains that a vehicle or identifiable property has been 549
stolen or obtains a warrant for an individual's arrest or 550
determines that there are reasonable grounds to believe that the 551
individual has committed a crime. The report shall be made within 552
a reasonable time period following the reporting department's or 553
agency's determination that it has grounds to believe that a 554
vehicle or property was stolen or that the wanted person should be 555
arrested. 556
(9) All law enforcement agencies in the state shall 557
immediately notify the center if at any time after making a report 558
as required by subsection (8) of this section it is determined by 559
the reporting department or agency that a person is no longer 560
wanted or that a vehicle or property stolen has been recovered. 561
Furthermore, if the agency making the apprehension or recovery is 562
not the one which made the original report, then it shall 563
immediately notify the originating agency of the full particulars 564
relating to the apprehension or recovery using methods prescribed 565
by the center. 566
(10) (a) All law enforcement agencies in the state and 567
clerks of the various courts shall promptly report to the center 568
all instances where records of convictions of criminals are 569
ordered expunged by courts of this state as now provided by law. 570
The center shall promptly expunge from the files of the center and 571
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destroy all records pertaining to any convictions that are ordered 572
expunged by the courts of this state as provided by law. 573
(b) All law enforcement agencies in the state and 574
clerks of the various courts shall promptly report to the center 575
all expungements of misdemeanor crimes and instances in which an 576
arrest was made, the person arrested was released and the case was 577
dismissed or the charges were dropped, there was no disposition of 578
such case, or the person was found not guilty at trial. The 579
center shall promptly expunge from the files of the center and 580
destroy all records pertaining to any such instances. 581
(11) The center shall not be held liable for the failure to 582
purge, destroy or expunge records if an agency or court fails to 583
forward to the center proper documentation ordering the action. 584
(12) Any criminal justice department or agency making an 585
expenditure in excess of Five Thousand Dollars ($5,000.00) in any 586
calendar year on software or programming upgrades concerning a 587
computerized records management system or jail management system 588
shall ensure that the new or upgraded system is formatted to 589
Department of Justice approved XML format and that no impediments 590
to data sharing with other agencies or departments exist in the 591
software programming. 592
(13) (a) All law enforcement agencies within the state 593
shall: 594
(i) Implement an incident-based reporting system 595
within the agency or department that meets the reporting 596
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requirements of the National Incident-Based Reporting System 597
(NIBRS) of the Uniform Crime Reporting Program of the Federal 598
Bureau of Investigation; 599
(ii) Use the system described by subparagraph (i) 600
to submit to the center information and statistics concerning 601
criminal offenses committed in the jurisdiction of the local law 602
enforcement agency, in a manner prescribed by the center; and 603
(iii) Report the information as soon as is 604
practicable after the investigating agency or department 605
ascertains that a qualifying crime has been committed in its 606
jurisdiction, once the state-level NIBRS Repository is available. 607
(b) No later than December 31, 2025, state and local 608
law enforcement agencies shall be compliant with all regulations 609
promulgated by the Department of Public Safety's Criminal 610
Information Center (CIC), with consultation with the President of 611
the Sheriffs Association and Mississippi Association of Chiefs of 612
Police with regard to the National Incident-Based Reporting System 613
(NIBRS) of the Uniform Crime Reporting Program of the Federal 614
Bureau of Investigation. 615
SECTION 7. Section 45-27-5, Mississippi Code of 1972, is 616
brought forward as follows: 617
45-27-5. (1) There is hereby established within the 618
Mississippi Department of Public Safety a system for the 619
communication of vital information relating to crimes, criminals 620
and criminal activity to be known as the Mississippi Justice 621
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Information Center. Central responsibility for the development, 622
maintenance and operation of the center shall be vested with the 623
Director of the Mississippi Justice Information Center. 624
(2) The director of the center shall maintain the necessary 625
staff to enable the effective and efficient performance of the 626
duties and responsibilities ascribed to the center. Such staff 627
shall include but not be limited to statistical analysis personnel 628
and field monitoring personnel, along with the support services to 629
be procured within state government. 630
(3) All personnel of the center shall be subject to approval 631
by the State Personnel Board, with due recognition to be given to 632
the special qualifications and availability of the types of 633
individuals required for such employment. 634
SECTION 8. Section 45-27-21, Mississippi Code of 1972, is 635
brought forward as follows: 636
45-27-21. A certified copy of every expunction and 637
nonadjudication order shall be sent by the circuit clerk to the 638
Mississippi Criminal Information Center where it shall be 639
maintained in a separate confidential database accessible only 640
upon written request by a district attorney, a county prosecuting 641
attorney, a municipal court prosecuting attorney, the Attorney 642
General of Mississippi and the Mississippi Law Enforcement 643
Standards and Training Board. Any criminal conviction which has 644
been expunged or nonadjudicated may be used for the purpose of 645
determining habitual offender status and for the use of the 646
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Mississippi Law Enforcement Standards and Training Board in giving 647
or retaining law enforcement certification, and to ensure that a 648
person is only eligible for first-offender status one (1) time. 649
SECTION 9. Section 99-19-72, Mississippi Code of 1972, is 650
brought forward as follows: 651
99-19-72. (1) A filing fee of One Hundred Fifty Dollars 652
($150.00) is hereby levied on each petition to expunge an offense 653
under Section 99-19-71 to be collected by the circuit clerk and 654
distributed as follows: 655
(a) One Hundred Dollars ($100.00) to be deposited into 656
the Judicial System Operation Fund; 657
(b) Forty Dollars ($40.00) to be deposited into the 658
District Attorneys Operation Fund; and 659
(c) Ten Dollars ($10.00) to be retained by the circuit 660
clerk collecting the fee for administration purposes. 661
(2) From and after July 1, 2016, the expenses of district 662
attorneys shall be defrayed by appropriation from the State 663
General Fund and all user charges and fees authorized by 664
paragraphs (a) and (b) of subsection (1) of this section shall be 665
deposited into the State General Fund as authorized by law and as 666
determined by the State Fiscal Officer, and charges and fees 667
authorized by paragraph (c) of subsection (1) of this section 668
shall be retained by the circuit clerks for expenditures 669
authorized by law. 670
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ST: Misdemeanor crimes; require automatic
expungement of.
SECTION 10. This act shall take effect and be in force from 671
and after July 1, 2026. 672