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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Evans
HOUSE BILL NO. 757
AN ACT TO PROVIDE FOR THE AUTOMATIC EXPUNCTION OF CRIMES OF 1
FIRST-TIME OFFENDERS UPON COMPLETION OF ALL THE TERMS AND 2
CONDITIONS OF THE SENTENCE; TO AMEND SECTIONS 41-29-150, 99-15-57 3
AND 99-19-71, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE 4
PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Any person who has been convicted as a first-time 7
offender of a criminal offense which is eligible for expunction as 8
provided in Section 99-19-71 shall be automatically granted an 9
order from the court, in which he or she was convicted, an order 10
to expunge any such conviction from all public records after the 11
successful completion of all the terms and conditions of the 12
sentence for such conviction. Upon entering such an order, a 13
nonpublic record thereof shall be retained solely for the purpose 14
of use in determining whether in subsequent proceedings, such 15
person is a first offender. The fees and costs associated with an 16
automatic expunction granted to a first time offender under this 17
section shall be waived by the court and performed as a pro bono 18
service by the representing legal counsel. 19
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The effect of such an order shall be to restore such person, 20
in the contemplation of the law to the status he occupied before 21
such arrest. 22
SECTION 2. Section 41-29-150, Mississippi Code of 1972, is 23
amended as follows: 24
41-29-150. (a) Any person convicted under Section 41-29-139 25
may be required, in the discretion of the court, as a part of the 26
sentence otherwise imposed, or in lieu of imprisonment in cases of 27
probation or suspension of sentence, to attend a course of 28
instruction conducted by the bureau, the State Board of Health, or 29
any similar agency, on the effects, medically, psychologically and 30
socially, of the misuse of controlled substances. The course may 31
be conducted at any correctional institution, detention center or 32
hospital, or at any center or treatment facility established for 33
the purpose of education and rehabilitation of those persons 34
committed because of abuse of controlled substances. 35
(b) Any person convicted under Section 41-29-139 who is 36
found to be dependent upon or addicted to any controlled substance 37
shall be required, as a part of the sentence otherwise imposed, or 38
in lieu of imprisonment in cases of parole, probation or 39
suspension of sentence, to receive medical treatment for such 40
dependency or addiction. The regimen of medical treatment may 41
include confinement in a medical facility of any correctional 42
institution, detention center or hospital, or at any center or 43
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facility established for treatment of those persons committed 44
because of a dependence or addiction to controlled substances. 45
(c) Those persons previously convicted of a felony under 46
Section 41-29-139 and who are now confined at the Mississippi 47
State Hospital at Whitfield, Mississippi, or at the East 48
Mississippi State Hospital at Meridian, Mississippi, for the term 49
of their sentence shall remain under the jurisdiction of the 50
Mississippi Department of Corrections and shall be required to 51
abide by all reasonable rules and regulations promulgated by the 52
director and staff of said institutions and of the Department of 53
Corrections. Any persons so confined who shall refuse to abide by 54
said rules or who attempt an escape or who shall escape shall be 55
transferred to the * * * Mississippi Department of Corrections or 56
to a county jail, where appropriate, to serve the remainder of the 57
term of imprisonment; this provision shall not preclude 58
prosecution and conviction for escape from said institutions. 59
(d) (1) If any person who has not previously been convicted 60
of violating Section 41-29-139, or the laws of the United States 61
or of another state relating to narcotic drugs, stimulant or 62
depressant substances, other controlled substances or marihuana is 63
found to be guilty of a violation of subsection (c) or (d) of 64
Section 41-29-139, after trial or upon a plea of guilty, the court 65
may, without entering a judgment of guilty and with the consent of 66
such person, defer further proceedings and place him on probation 67
upon such reasonable conditions as it may require and for such 68
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period, not to exceed three (3) years, as the court may prescribe. 69
Upon violation of a condition of the probation, the court may 70
enter an adjudication of guilt and proceed as otherwise provided. 71
The court may, in its discretion, dismiss the proceedings against 72
such person and discharge him from probation before the expiration 73
of the maximum period prescribed for such person's probation. If 74
during the period of his probation such person does not violate 75
any of the conditions of the probation, then upon expiration of 76
such period the court shall discharge such person and dismiss the 77
proceedings against him. Discharge and dismissal under this 78
subsection shall be without court adjudication of guilt, but a 79
nonpublic record thereof shall be retained by the bureau solely 80
for the purpose of use by the courts in determining whether or 81
not, in subsequent proceedings, such person qualifies under this 82
subsection. Such discharge or dismissal shall not be deemed a 83
conviction for purposes of disqualifications or disabilities 84
imposed by law upon conviction of a crime, including the penalties 85
prescribed under this article for second or subsequent conviction, 86
or for any other purpose. Discharge and dismissal under this 87
subsection may occur only once with respect to any person; and 88
(2) Upon the dismissal of a person and discharge of 89
proceedings against him under paragraph (1) of this subsection, 90
the person may apply to the court for an order to expunge from all 91
official records, other than the nonpublic records to be retained 92
by the bureau under paragraph (1) of this subsection, all 93
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recordation relating to his arrest, indictment, trial, finding of 94
guilt, and dismissal and discharge pursuant to this section. If 95
the court determines, after hearing, that such person was 96
dismissed and the proceedings against him discharged, or that the 97
person had satisfactorily served his sentence or period of 98
probation and parole, it shall enter an order of expunction. The 99
effect of the order shall be to restore the person, in the 100
contemplation of the law, to the status he occupied before such 101
arrest or indictment. No person as to whom such an order has been 102
entered shall be held thereafter under any provision of any law to 103
be guilty of perjury or otherwise giving a false statement by 104
reason of his failures to recite or acknowledge such arrest, 105
indictment or trial in response to any inquiry made of him for any 106
purpose. A person as to whom an order has been entered, upon 107
request, shall be required to advise the court, in camera, of the 108
previous conviction and expunction in any legal proceeding wherein 109
the person has been called as a prospective juror. The court 110
shall thereafter and before the selection of the jury advise the 111
attorneys representing the parties of the previous conviction and 112
expunction. 113
(e) Every person who has been or may hereafter be convicted 114
of a felony offense under Section 41-29-139 and sentenced under 115
Section 41-29-150(c) shall be under the jurisdiction of the 116
Mississippi Department of Corrections. 117
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(f) It shall be unlawful for any person confined under the 118
provisions of subsection (b) or (c) of this section to escape or 119
attempt to escape from said institution, and, upon conviction, 120
said person shall be guilty of a felony and shall be imprisoned 121
for a term not to exceed two (2) years. 122
(g) It is the intent and purpose of the Legislature to 123
promote the rehabilitation of persons convicted of offenses under 124
the Uniform Controlled Substances Law. 125
(h) Convictions of first-time offenders shall be expunged 126
automatically as provided in Section 1 of this act. 127
SECTION 3. Section 99-15-57, Mississippi Code of 1972, is 128
amended as follows: 129
99-15-57. (1) Any person who pled guilty within six (6) 130
months prior to March 31, 1983, and who would have otherwise been 131
eligible for the relief allowed in Section 99-15-26, may apply to 132
the court in which such person was sentenced for an order to 133
expunge from all official public records all recordation relating 134
to his arrest, indictment, trial, finding of guilty and sentence. 135
If the court determines, after hearing, that such person has 136
satisfactorily served his sentence or period of probation and 137
parole, pled guilty within six (6) months prior to March 31, 1983, 138
and would have otherwise been eligible for the relief allowed in 139
Section 99-15-26, it may enter such order. The effect of such 140
order shall be to restore such person, in the contemplation of the 141
law, to the status he occupied before such arrest or indictment. 142
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No person as to whom such order has been entered shall be held 143
thereafter under any provision of any law to be guilty of perjury 144
or otherwise giving a false statement by reason of his failures to 145
recite or acknowledge such arrest, or indictment or trial in 146
response to any inquiry made of him for any purpose. 147
(2) Upon petition therefor, the court shall expunge the 148
record of any case in which an arrest was made, the person 149
arrested was released and the case was dismissed or the charges 150
were dropped, there was no disposition of such case, or the person 151
was found not guilty at trial. 152
(3) A conviction of a first-time offender shall be expunged 153
automatically as provided in Section 1 of this act. 154
SECTION 4. Section 99-19-71, Mississippi Code of 1972, is 155
amended as follows: 156
99-19-71. (1) Any person who has been convicted of a 157
misdemeanor that is not a traffic violation, and who is a first 158
offender, may petition the justice, county, circuit or municipal 159
court in which the conviction was had for an order to expunge any 160
such conviction from all public records. 161
(2) (a) Except as otherwise provided in this subsection, a 162
person who has been convicted of a felony and who has paid all 163
criminal fines and costs of court imposed in the sentence of 164
conviction may petition the court in which the conviction was had 165
for an order to expunge one (1) conviction from all public 166
records * * * two (2) years after the successful completion of all 167
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terms and conditions of the sentence for the conviction upon a 168
hearing as determined in the discretion of the court; however, a 169
person is not eligible to expunge a felony classified as: 170
(i) A crime of violence as provided in Section 171
97-3-2; 172
(ii) Arson, first degree as provided in Sections 173
97-17-1 and 97-17-3; 174
(iii) Trafficking in controlled substances as 175
provided in Section 41-29-139; 176
(iv) A third, fourth or subsequent offense DUI as 177
provided in Section 63-11-30(2)(c) and (2)(d); 178
(v) Felon in possession of a firearm as provided 179
in Section 97-37-5; 180
(vi) Failure to register as a sex offender as 181
provided in Section 45-33-33; 182
(vii) Voyeurism as provided in Section 97-29-61; 183
(viii) Witness intimidation as provided in Section 184
97-9-113; 185
(ix) Abuse, neglect or exploitation of a 186
vulnerable person as provided in Section 43-47-19; or 187
(x) Embezzlement as provided in Sections 97-11-25 188
and 97-23-19. 189
A person is eligible for only one (1) felony expunction under 190
this paragraph. For the purposes of this section, the terms "one 191
(1) conviction" and "one (1) felony expunction" mean and include 192
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all convictions that arose from a common nucleus of operative 193
facts as determined in the discretion of the court. 194
(b) The petitioner shall give ten (10) days' written 195
notice to the district attorney before any hearing on the 196
petition. In all cases, the court wherein the petition is filed 197
may grant the petition if the court determines, on the record or 198
in writing, that the applicant is rehabilitated from the offense 199
which is the subject of the petition. In those cases where the 200
court denies the petition, the findings of the court in this 201
respect shall be identified specifically and not generally. 202
(3) Upon entering an order of expunction under this section, 203
a nonpublic record thereof shall be retained by the Mississippi 204
Criminal Information Center solely for the purpose of determining 205
whether, in subsequent proceedings, the person is a first 206
offender. The order of expunction shall not preclude a district 207
attorney's office from retaining a nonpublic record thereof for 208
law enforcement purposes only. The existence of an order of 209
expunction shall not preclude an employer from asking a 210
prospective employee if the employee has had an order of 211
expunction entered on his behalf. The effect of the expunction 212
order shall be to restore the person, in the contemplation of the 213
law, to the status he occupied before any arrest or indictment for 214
which convicted. No person as to whom an expunction order has 215
been entered shall be held thereafter under any provision of law 216
to be guilty of perjury or to have otherwise given a false 217
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ST: Expungement; authorize automatically for
first-time offenders.
statement by reason of his failure to recite or acknowledge such 218
arrest, indictment or conviction in response to any inquiry made 219
of him for any purpose other than the purpose of determining, in 220
any subsequent proceedings under this section, whether the person 221
is a first offender. A person as to whom an order has been 222
entered, upon request, shall be required to advise the court, in 223
camera, of the previous conviction and expunction in any legal 224
proceeding wherein the person has been called as a prospective 225
juror. The court shall thereafter and before the selection of the 226
jury advise the attorneys representing the parties of the previous 227
conviction and expunction. 228
(4) Upon petition therefor, a justice, county, circuit or 229
municipal court shall expunge the record of any case in which an 230
arrest was made, the person arrested was released and the case was 231
dismissed or the charges were dropped or there was no disposition 232
of such case, or the person was found not guilty at trial. 233
Convictions of first-time offenders shall be expunged 234
automatically as provided in Section 1 of this act. 235
(5) No public official is eligible for expunction under this 236
section for any conviction related to his official duties. 237
SECTION 5. This act shall take effect and be in force from 238
and after July 1, 2026. 239