What felony convictions are eligible for expunction?

Image of a gavel next to a document titled “Criminal Record” with “expungement” handwritten

Our office gets a lot of calls regarding expungements. One of the most common questions that we get asked at our office is whether a person’s particular conviction is eligible for expunction. Luckily, there is a statute in Mississippi that gives a complete list of those felony convictions that are NOT eligible for expunction. In other words, if it is not on the list, then the judge may expunge the conviction from your record. For more details concerning how expunctions work, check out our previous post. In the meantime, though, here is a list of those felony convictions that are NOT eligible for expunction

  • Any crime of violence
  • First-degree arson
  • Trafficking in controlled substances
  • A third, fourth, or subsequent offense DUI
  • Felon in possession of a firearm
  • Failure to register as a sex offender
  • Voyeurism
  • Witness intimidation
  • Abuse, neglect, or exploitation of a vulnerable person,
  • Embezzlement

And there you have it. If your conviction is not one of these crimes, then you are eligible for an expunction. Remember, though, that you are only eligible for one expunction, and you can only request an expunction five years after you completed all terms and conditions of your sentence, including paying all of your fines and fees. Working to get your record expunged can be a complicated process. If you’re not sure if your record qualifies for an expungement, you should contact a criminal defense attorney who can guide you through each step of the expungement process.