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Jun 04, 2026
To expunge a DUI in Mississippi, you must generally have a qualifying first-offense DUI conviction and wait at least five years after successfully completing all terms of your sentence. You must also meet several statutory conditions, including not having held a commercial driver’s license or commercial learner’s permit at the time of the offense, not refusing a breath or blood test, testing below .16 if test results are available, having no other DUI conviction or pending DUI charge, and not having previously received a DUI nonadjudication or DUI expunction. The process usually involves obtaining your criminal record, gathering supporting documents, filing a petition with the court, and possibly attending a hearing.
A DUI charge can have a long-lasting impact on your life, affecting everything from employment opportunities to your personal reputation. However, Mississippi law allows for the possibility of expungement of a DUI record, which can offer you a fresh start by erasing or sealing your record from public view. We can tell you how to expunge a DUI in Mississippi, inform you of eligibility requirements, and explain the expungement process.
What Is Expungement?
Having a criminal record expunged means that it is removed from public access. After it’s been expunged, landlords, employers, and the general public can no longer see the charge. In Mississippi, this means you are legally allowed to state that you have not been convicted of a crime.
Mississippi reported 7,125 DUI arrests in 2022. This number is second only to drug abuse violations in the state. These types of cases are taken very seriously in the state, as 150 Mississippians reportedly die in alcohol-related accidents each year.
However, expungement has specific limitations, particularly when it comes to DUI offenses.
Can a DUI Be Expunged in Mississippi?
A first-time DUI conviction may be eligible for expungement in Mississippi, but only under specific circumstances. You must wait five years after completing all terms and conditions of your sentencing. This includes:
If you have more than one DUI conviction, you are not eligible to have any of them expunged. For instances involving a DUI charge that was acquitted, you are eligible to have the arrest record expunged immediately without having to wait.
Mississippi DUI Expungement Eligibility Requirements
To qualify for DUI expungement in Mississippi, you must meet all statutory requirements. For a first-offense DUI expungement, the following conditions generally must apply:
- This is your first DUI conviction.
- Five years have passed since the completion of your sentence.
- You have fulfilled all sentence terms, including probation, fines, and driving penalties.
- You did not hold a commercial driver’s license or commercial learner’s permit at the time of the offense.
- You did not refuse a breath or blood test.
- If test results are available, your BAC was below .16.
- You do not have another DUI conviction or a pending DUI charge.
- You have not previously received a DUI nonadjudication or DUI expunction.
- You can justify the expungement to the court.
Multiple DUI convictions are not eligible for DUI expungement under Mississippi law.
The DUI Expungement Process
If you believe your DUI charge may be eligible for expungement, you’ll need to follow certain steps. The process for DUI expungement in Mississippi looks like this:
- Obtain your criminal record. You can start by requesting your criminal record from the Mississippi Department of Public Safety at 1900 East Woodrow Wilson Avenue in Jackson, MS. This confirms the details of your conviction.
- Gather documentation. You typically need to provide the court case number, proof of completion of your sentence, personal identification, and, in some cases, character witnesses.
- File a petition for expungement. You or your expungement attorney must file a formal petition with the court where your DUI conviction occurred. The petition should include your name and date of birth, the date of your conviction, and the offense to be expunged. You’ll need to provide a statement confirming you meet eligibility and the reason why expungement is being sought.
- Attend a court hearing, if necessary. Some judges may require a hearing to consider your request. At the hearing, your defense must demonstrate that you meet all legal criteria and have been rehabilitated. You also must show that granting the expungement brings about justice.
- Await the court’s decision. If the judge grants your expungement, the order is distributed to the necessary agencies.
Situations Where Expungement May Not Be Granted
Not everyone qualifies for expungement. You may be denied if any of the following apply to your case:
- You were underage and tried as an adult.
- You have more than one DUI conviction.
- You have another DUI conviction or a pending DUI charge.
- The DUI involved serious injuries or caused death.
- You did not meet the terms of your sentencing.
FAQs
Can I Get a DUI Expunged in Mississippi?
In Mississippi, a first-offense DUI conviction may be expunged only if the person meets specific statutory requirements. At least five years must have passed since completing all terms of the sentence. The person must not have held a commercial driver’s license or commercial learner’s permit at the time of the offense, must not have refused a breath or blood test, must have tested below .16 if test results are available, must have no other DUI conviction or pending DUI charge, and must not have previously received a DUI nonadjudication or DUI expunction. Repeat DUI convictions are not eligible for DUI expungement.
How Long Does a DUI Stay on Your Record in Mississippi?
In Mississippi, a DUI conviction remains on your record permanently unless it’s expunged. First-time DUI offenders may request expungement five years after completing their sentence. Multiple DUI convictions cannot be expunged. A DUI will appear on criminal background checks until it’s officially expunged. Law enforcement and courts will still consider past DUIs if evaluating future offenses.
How Much Does It Cost to Expunge Your Record in Mississippi?
The cost to expunge your criminal record in Mississippi varies based on the attorney’s fees and court filing fees. Attorney costs may differ by location and experience or if they need to commit additional time to research for your case. Simple cases involving misdemeanors may cost less overall, but felony expungement requires much more legal work.
Does Mississippi Have Automatic Clean Slate Expungement?
Mississippi does not currently have a broad automatic clean-slate expungement program like some states. Most eligible DUI and criminal-record expungements require filing a petition and obtaining a court order.
Contact a Mississippi Expungement Lawyer Today
If you’re ready to have a clear record, the experienced team at Miller Law Offices can help. Our expungement lawyers understand the complexities of the legal process and want to see you succeed. We can review your case carefully, explain your options, and guide you through each step.
Whether you’re wondering how to expunge a DUI in Mississippi or you need help with another charge, our attorneys can work closely with you to develop a strong strategy to move toward a clean slate. Contact our office today to schedule a consultation.
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