Reentry
Expungement
Grade: 
Overview
Criminal convictions can have numerous negative impacts on individuals, even years after they’ve completed their prison sentence. Long after a person has “paid their debt to society.” Expungement and record-sealing policies allow people to clean up their records and have a conviction expunged or sealed. After a conviction is expunged, they’re not required to be disclosed on job applications, which can have positive impacts on an individual’s employment prospects. To provide maximal benefit, expungement provisions should apply to a broad range of nonviolent offense types. Waiting periods should be short to ensure that expungements are helpful while an individual is attempting to rebuild their life post-incarceration. The process should also be simple to encourage widespread usage.
Broad expungement provisions
What types of offenses are eligible for expunction, and how many offenses can be expunged?
50 points
Waiting period
How long must individuals wait before applying for an expungement?
30 points
Process
Are records sealed or expunged automatically after a period of time, or are individuals required to apply? Are applications granted when all conditions are met or can system actors block expunctions? What is the cost to have a record expunged?
20 points
State Overview
Mississippi’s expungement provisions apply to most nonviolent offenses, but only one felony offense may be expunged.
The waiting period is five years after the completion of all conditions of the sentence, including parole or probation, which means that most individuals are only eligible after spending nearly a decade in the community. Expungements must be approved by judges, and district attorneys have the opportunity to object to the expungement. The typical cost for expungement is $150. The law could be improved by increasing the number of offenses eligible for expungement, and decreasing both the waiting period and the filing fee, and allowing at least some expungements to be granted automatically if the individual has committed no further criminal offenses.
Details
Broad expungement provisions
Mississippi's law allows for one nonviolent felony expungement, and most nonviolent offenses are eligible.
30/50 points
Waiting period
An offense is only eligible for expungement five years after the completion of the sentence, including parole or probation sentences and the payment of all fees and fines.
5/30 points
Process
Expungements must be approved by a judge and district attorneys have the opportunity to object. The typical cost for an expungement is $150.
10/20 points
Sources