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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Simmons (12th)
SENATE BILL NO. 2222
AN ACT TO AMEND SECTION 99-19-71, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE THE COURT OF CONVICTION TO EXPUNGE THE RECORD OF 2
CERTAIN FELONIES AFTER 20 YEARS; AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 99-19-71, Mississippi Code of 1972, is 5
amended as follows: 6
99-19-71. (1) Any person who has been convicted of a 7
misdemeanor that is not a traffic violation, and who is a first 8
offender, may petition the justice, county, circuit or municipal 9
court in which the conviction was had for an order to expunge any 10
such conviction from all public records. 11
(2) (a) (i) Except as otherwise provided in this 12
subsection, a person who has been convicted of a felony and who 13
has paid all criminal fines and costs of court imposed in the 14
sentence of conviction may petition the court in which the 15
conviction was had for an order to expunge one (1) conviction from 16
all public records five (5) years after the successful completion 17
of all terms and conditions of the sentence for the conviction 18
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upon a hearing as determined in the discretion of the court; 19
however, a person is not eligible to * * * have expunged a felony 20
under this subparagraph (i) that was classified as: 21
* * *1. A crime of violence as provided in 22
Section 97-3-2; 23
* * *2. Arson, first degree as provided in 24
Sections 97-17-1 and 97-17-3; 25
* * *3. Trafficking in controlled substances as 26
provided in Section 41-29-139; 27
* * *4. A third, fourth or subsequent offense DUI 28
as provided in Section 63-11-30(2)(c) and (2)(d); 29
* * *5. Felon in possession of a firearm as 30
provided in Section 97-37-5; 31
* * *6. Failure to register as a sex offender as 32
provided in Section 45-33-33; 33
* * *7. Voyeurism as provided in Section 34
97-29-61; 35
* * *8. Witness intimidation as provided in 36
Section 97-9-113; 37
* * *9. Abuse, neglect or exploitation of a 38
vulnerable person as provided in Section 43-47-19; or 39
* * *10. Embezzlement as provided in Sections 40
97-11-25 and 97-23-19. 41
A person is eligible for only one (1) felony expunction under 42
this subparagraph (i). For the purposes of this section, the 43
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terms "one (1) conviction" and "one (1) felony expunction" mean 44
and include all convictions that arose from a common nucleus of 45
operative facts as determined in the discretion of the court. 46
(ii) Notwithstanding the exclusions listed in 47
subparagraph (i), a person who has been convicted of any felony 48
other than those listed in this subparagraph (ii) may petition the 49
court in which the conviction was had for an order to expunge the 50
conviction from all public records twenty (20) years after the 51
successful completion of all terms and conditions of the sentence 52
for the conviction. A person is not eligible to have expunged 53
under this subparagraph (ii) the following felonies: 54
1. Rape as provided in Sections 97-3-65 and 55
97-3-71; 56
2. Sexual battery as provided in Section 57
97-3-95; 58
3. A third, fourth or subsequent offense DUI 59
as provided in Section 63-11-30(2)(c) and (2)(d); 60
4. Failure to register as a sex offender as 61
provided in Section 45-33-33; 62
5. Witness intimidation as provided in 63
Section 97-9-113; or 64
6. Abuse, neglect or exploitation of a 65
vulnerable person as provided in Section 43-47-19. 66
(b) The petitioner shall give ten (10) days' written 67
notice to the district attorney before any hearing on the 68
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petition. In all cases, the court wherein the petition is filed 69
may grant the petition if the court determines, on the record or 70
in writing, that the applicant is rehabilitated from the offense 71
which is the subject of the petition. In those cases where the 72
court denies the petition, the findings of the court in this 73
respect shall be identified specifically and not generally. 74
(3) Upon entering an order of expunction under this section, 75
a nonpublic record thereof shall be retained by the Mississippi 76
Criminal Information Center solely for the purpose of determining 77
whether, in subsequent proceedings, the person is a first 78
offender. The order of expunction shall not preclude a district 79
attorney's office from retaining a nonpublic record thereof for 80
law enforcement purposes only. The existence of an order of 81
expunction shall not preclude an employer from asking a 82
prospective employee if the employee has had an order of 83
expunction entered on his behalf. The effect of the expunction 84
order shall be to restore the person, in the contemplation of the 85
law, to the status he occupied before any arrest or indictment for 86
which convicted. No person as to whom an expunction order has 87
been entered shall be held thereafter under any provision of law 88
to be guilty of perjury or to have otherwise given a false 89
statement by reason of his failure to recite or acknowledge such 90
arrest, indictment or conviction in response to any inquiry made 91
of him for any purpose other than the purpose of determining, in 92
any subsequent proceedings under this section, whether the person 93
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ST: Expunction; allow after 20 years of good
behavior with certain exceptions.
is a first offender. A person as to whom an order has been 94
entered, upon request, shall be required to advise the court, in 95
camera, of the previous conviction and expunction in any legal 96
proceeding wherein the person has been called as a prospective 97
juror. The court shall thereafter and before the selection of the 98
jury advise the attorneys representing the parties of the previous 99
conviction and expunction. 100
(4) Upon petition therefor, a justice, county, circuit or 101
municipal court shall expunge the record of any case in which an 102
arrest was made, the person arrested was released and the case was 103
dismissed or the charges were dropped or there was no disposition 104
of such case, or the person was found not guilty at trial. 105
(5) No public official is eligible for expunction under this 106
section for any conviction related to his official duties. 107
SECTION 2. This act shall take effect and be in force from 108
and after July 1, 2026. 109