Misdemeanors; revise age of expungement for.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 86

AN ACT TO AMEND SECTION 21-23-7, MISSISSIPPI CODE OF 1972, TO 1
REMOVE THE AGE RESTRICTION FOR EXPUNCTION OF MISDEMEANOR CRIMES; 2
AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 21-23-7, Mississippi Code of 1972, is 5
amended as follows: 6
21-23-7. (1) The municipal judge shall hold court in a 7
public building designated by the governing authorities of the 8
municipality, or may hold court in an adult detention center as 9
provided under this subsection, and may hold court every day 10
except Sundays and legal holidays if the business of the 11
municipality so requires; provided, however, the municipal judge 12
may hold court outside the boundaries of the municipality but not 13
more than within a sixty-mile radius of the municipality to handle 14
preliminary matters and criminal matters such as initial 15
appearances and felony preliminary hearings. The municipal judge 16
may hold court outside the boundaries of the municipality but not 17
more than within a one-mile radius of the municipality for any 18
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purpose; however, a municipal judge may hold court outside the 19
boundaries of the municipality more than within a one-mile radius 20
of the municipality when accepting a plea of a defendant at an 21
adult detention center within the county. The municipal judge 22
shall have the jurisdiction to hear and determine, without a jury 23
and without a record of the testimony, all cases charging 24
violations of the municipal ordinances and state misdemeanor laws 25
made offenses against the municipality and to punish offenders 26
therefor as may be prescribed by law. Except as otherwise 27
provided by law, criminal proceedings shall be brought by sworn 28
complaint filed in the municipal court. Such complaint shall 29
state the essential elements of the offense charged and the 30
statute or ordinance relied upon. Such complaint shall not be 31
required to conclude with a general averment that the offense is 32
against the peace and dignity of the state or in violation of the 33
ordinances of the municipality. He may sit as a committing court 34
in all felonies committed within the municipality, and he shall 35
have the power to bind over the accused to the grand jury or to 36
appear before the proper court having jurisdiction to try the 37
same, and to set the amount of bail or refuse bail and commit the 38
accused to jail in cases not bailable. The municipal judge is a 39
conservator of the peace within his municipality. He may conduct 40
preliminary hearings in all violations of the criminal laws of 41
this state occurring within the municipality, and any person 42
arrested for a violation of law within the municipality may be 43
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brought before him for initial appearance. The municipal court 44
shall have jurisdiction of any case remanded to it by a circuit 45
court grand jury. The municipal court shall have civil 46
jurisdiction over actions filed pursuant to and as provided in 47
Chapter 21, Title 93, * * * Mississippi Code of 1972, the 48
Protection from Domestic Abuse Act. 49
(2) In the discretion of the court, where the objects of 50
justice would be more likely met, as an alternative to imposition 51
or payment of fine and/or incarceration, the municipal judge shall 52
have the power to sentence convicted offenders to work on a public 53
service project where the court has established such a program of 54
public service by written guidelines filed with the clerk for 55
public record. Such programs shall provide for reasonable 56
supervision of the offender and the work shall be commensurate 57
with the fine and/or incarceration that would have ordinarily been 58
imposed. Such program of public service may be utilized in the 59
implementation of the provisions of Section 99-19-20, and public 60
service work thereunder may be supervised by persons other than 61
the sheriff. 62
(3) The municipal judge may solemnize marriages, take oaths, 63
affidavits and acknowledgments, and issue orders, subpoenas, 64
summonses, citations, warrants for search and arrest upon a 65
finding of probable cause, and other such process under seal of 66
the court to any county or municipality, in a criminal case, to be 67
executed by the lawful authority of the county or the municipality 68
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of the respondent, and enforce obedience thereto. The absence of 69
a seal shall not invalidate the process. 70
(4) When a person shall be charged with an offense in 71
municipal court punishable by confinement, the municipal judge, 72
being satisfied that such person is an indigent person and is 73
unable to employ counsel, may, in the discretion of the court, 74
appoint counsel from the membership of The Mississippi Bar 75
residing in his county who shall represent him. Compensation for 76
appointed counsel in criminal cases shall be approved and allowed 77
by the municipal judge and shall be paid by the municipality. The 78
maximum compensation shall not exceed Two Hundred Dollars 79
($200.00) for any one (1) case. The governing authorities of a 80
municipality may, in their discretion, appoint a public 81
defender(s) who must be a licensed attorney and who shall receive 82
a salary to be fixed by the governing authorities. 83
(5) The municipal judge of any municipality is hereby 84
authorized to suspend the sentence and to suspend the execution of 85
the sentence, or any part thereof, on such terms as may be imposed 86
by the municipal judge. However, the suspension of imposition or 87
execution of a sentence hereunder may not be revoked after a 88
period of two (2) years. The municipal judge shall have the power 89
to establish and operate a probation program, dispute resolution 90
program and other practices or procedures appropriate to the 91
judiciary and designed to aid in the administration of justice. 92
Any such program shall be established by the court with written 93
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policies and procedures filed with the clerk of the court for 94
public record. Subsequent to original sentencing, the municipal 95
judge, in misdemeanor cases, is hereby authorized to suspend 96
sentence and to suspend the execution of a sentence, or any part 97
thereof, on such terms as may be imposed by the municipal judge, 98
if (a) the judge or his or her predecessor was authorized to order 99
such suspension when the sentence was originally imposed; and (b) 100
such conviction (i) has not been appealed; or (ii) has been 101
appealed and the appeal has been voluntarily dismissed. 102
(6) Upon prior notice to the municipal prosecuting attorney 103
and upon a showing in open court of rehabilitation, good conduct 104
for a period of two (2) years since the last conviction in any 105
court and that the best interest of society would be served, the 106
court may, in its discretion, order the record of conviction of a 107
person of any or all misdemeanors in that court expunged, and upon 108
so doing the said person thereafter legally stands as though he 109
had never been convicted of the said misdemeanor(s) and may 110
lawfully so respond to any query of prior convictions. This order 111
of expunction does not apply to the confidential records of law 112
enforcement agencies and has no effect on the driving record of a 113
person maintained under Title 63, Mississippi Code of 1972, or any 114
other provision of said Title 63. 115
(7) Notwithstanding the provisions of subsection (6) of this 116
section, a person who was convicted in municipal court of a 117
misdemeanor * * *, excluding conviction for a traffic violation, 118
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and who is a first offender, may utilize the provisions of Section 119
99-19-71, to expunge such misdemeanor conviction. 120
(8) In the discretion of the court, a plea of nolo 121
contendere may be entered to any charge in municipal court. Upon 122
the entry of a plea of nolo contendere the court shall convict the 123
defendant of the offense charged and shall proceed to sentence the 124
defendant according to law. The judgment of the court shall 125
reflect that the conviction was on a plea of nolo contendere. An 126
appeal may be made from a conviction on a plea of nolo contendere 127
as in other cases. 128
(9) Upon execution of a sworn complaint charging a 129
misdemeanor, the municipal court may, in its discretion and in 130
lieu of an arrest warrant, issue a citation requiring the 131
appearance of the defendant to answer the charge made against him. 132
On default of appearance, an arrest warrant may be issued for the 133
defendant. The clerk of the court or deputy clerk may issue such 134
citations. 135
(10) The municipal court shall have the power to make rules 136
for the administration of the court's business, which rules, if 137
any, shall be in writing filed with the clerk of the court and 138
shall include the enactment of rules related to the court's 139
authority to issue domestic abuse protection orders pursuant to 140
Section 93-21-1 et seq. 141
(11) The municipal court shall have the power to impose 142
punishment of a fine of not more than One Thousand Dollars 143
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($1,000.00) or six (6) months imprisonment, or both, for contempt 144
of court. The municipal court may have the power to impose 145
reasonable costs of court, not in excess of the following: 146
Dismissal of any affidavit, complaint or charge 147
in municipal court........................................ $ 50.00 148
Suspension of a minor's driver's license in lieu of 149
conviction................................................ $ 50.00 150
Service of scire facias or return "not found"........ $ 20.00 151
Causing search warrant to issue or causing 152
prosecution without reasonable cause or refusing to 153
cooperate after initiating action......................... $ 100.00 154
Certified copy of the court record................... $ 5.00 155
Service of arrest warrant for failure to answer 156
citation or traffic summons............................... $ 25.00 157
Jail cost per day - actual jail cost paid by the municipality 158
but not to exceed........................................ $ 35.00 159
Service of court documents related to the filing 160
of a petition or issuance of a protection from domestic 161
abuse order under Chapter 21, Title 93, * * * Mississippi Code of 162
1972 ..................................................... $ 25.00 163
Any other item of court cost......................... $ 50.00 164
No filing fee or such cost shall be imposed for the bringing 165
of an action in municipal court. 166
(12) A municipal court judge shall not dismiss a criminal 167
case but may transfer the case to the justice court of the county 168
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if the municipal court judge is prohibited from presiding over the 169
case by the Canons of Judicial Conduct and provided that venue and 170
jurisdiction are proper in the justice court. Upon transfer of 171
any such case, the municipal court judge shall give the municipal 172
court clerk a written order to transmit the affidavit or complaint 173
and all other records and evidence in the court's possession to 174
the justice court by certified mail or to instruct the arresting 175
officer to deliver such documents and records to the justice 176
court. There shall be no court costs charged for the transfer of 177
the case to the justice court. 178
(13) A municipal court judge shall expunge the record of any 179
case in which an arrest was made, the person arrested was released 180
and the case was dismissed or the charges were dropped, there was 181
no disposition of such case or the person was found not guilty at 182
trial. 183
(14) For violations of municipal ordinances related to real 184
property, the municipal judge shall have the power to order a 185
defendant to remedy violations within a reasonable time period as 186
set by the judge, and at the discretion of the judge, the judge 187
may simultaneously authorize the municipality, at its request, the 188
option to remedy the violation itself, through the use of its own 189
employees or its contractors, without further notice should the 190
defendant fail to fully do so within the time period set by the 191
judge. Subsequent to the municipality remedying the violation, 192
the municipality may petition the court to assess documented 193
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ST: Misdemeanors; revise age of expungement
for.
cleanup costs to the defendant, and, if, following a hearing on 194
such petition, the judge determines (a) the violations were not 195
remedied by the defendant within the time required by the court, 196
(b) that the municipality remedied the violation itself after such 197
time period expired and (c) that the costs incurred by the 198
municipality were reasonable, the court may assess the costs to 199
the defendant as a judgement, which may be enrolled in the office 200
of the circuit clerk. 201
SECTION 2. This act shall take effect and be in force from 202
and after July 1, 2026. 203