Beyond the Bond: Understanding Expungement in Mississippi
As a Master Class graduate, a professional Bail Agent should have a strong working understanding of the expungement process in Mississippi. Not because we are attorneys or because we should attempt to practice law, but because the question will eventually come from someone we once helped: “Can I get this off my record?”
The Bail Agent often becomes one of the most trusted people a defendant deals with while facing criminal charges. We answer the telephone when the family does not know what to do, explain the release process, help them understand where they are supposed to be and remain involved with that person throughout the life of the bail bond. The Master Class Series was designed to elevate the Bail Agent beyond simply writing a bond. Understanding the basic framework of expungement is another opportunity to provide valuable information to a former client who is trying to move forward with his or her life.
Mississippi does provide opportunities for certain criminal records to be expunged, but the answer depends entirely upon what happened in the case. That is why one of the first things I would recommend is obtaining a copy of the sentencing order, final order and any related court documents. Do not work from what somebody remembers happening three years ago. Work from the court record. Was the charge dismissed? Was there a conviction? Was it handled through nonadjudication? Was the offense a misdemeanor or felony? What exactly did the judge order? Those documents give you the facts necessary to determine which Mississippi statute should be reviewed.
The primary statute a Bail Agent should become familiar with is Mississippi Code § 99-19-71. The distinction between misdemeanor and felony convictions is important. For misdemeanors, § 99-19-71(1) generally allows a first offender convicted of a nontraffic misdemeanor to petition the court where the conviction occurred for expungement. Mississippi also addresses misdemeanor charges that were never formally prosecuted or were dismissed under § 99-15-59.
Felony expungement requires a much closer examination of the record. Under the current version of § 99-19-71, an eligible person may petition the court that entered the felony conviction after three years have passed from the successful completion of all terms and conditions of the sentence and after the criminal fines and court costs imposed in the sentence have been paid. Mississippi generally allows one felony expungement under this provision, although convictions arising from a common nucleus of operative facts may be treated together at the discretion of the court. Certain felony offenses are specifically excluded from expungement, so the actual statute must be reviewed before telling someone that he or she qualifies.
That three-year period is especially important for Bail Agents to know because Mississippi changed the law in 2026. Older material still circulating on the Internet may tell someone that the felony waiting period is five years. The Legislature reduced it to three years, so working from current law rather than an old website, old form or somebody's memory matters.
Bail Agents should also recognize Mississippi Code § 99-15-26 because nonadjudication frequently comes up in the cases we handle. That statute provides a mechanism in qualifying misdemeanor and felony cases for the court to withhold acceptance of a guilty plea while the defendant completes court-imposed conditions. Successful completion results in the case being dismissed and closed, creating a very different situation from someone who simply completed a sentence following a conviction.
This is where a knowledgeable Bail Agent can be extremely helpful without trying to become the client's lawyer. Help the former client obtain the actual court documents. Identify whether you are dealing with a misdemeanor, felony, dismissal or nonadjudication. Pull the current Mississippi statute and read what it actually says. If the case appears eligible, direct the client to the appropriate court clerk or an attorney who can prepare and file the necessary petition and order.
There is a tremendous difference between telling someone, “I don't know, call a lawyer,” and being able to say, “Let's get your court documents and determine what happened in your case first.”
That is what the Master Class concept is about. Elevating the professionalism, knowledge and value of the Bail Agent so that when a former client calls years later asking how to finally put an old criminal case behind them, we understand enough about the system to help them find the right path forward.
ABOUT: Mike Morrison has spent 35 years working as a Professional Bail Agent in Mississippi, building a career grounded in firsthand experience with defendants, families, courts, law enforcement and the day-to-day realities of the criminal justice system. His commitment to education has led to recognition as a bail trainer by the Mississippi Judicial College and invitations to speak before judges, justice court clerks, prosecutors and other criminal justice professionals, including as an invited guest speaker for the Mississippi Attorney General’s Office.
For nearly two years, Morrison has worked to develop the Master Class Bail Agent Series with one goal: to elevate the knowledge, professionalism and value of the modern Bail Agent. The series draws from decades of practical experience and focuses on giving Bail Agents a deeper understanding of the laws, procedures and responsibilities that allow them to better serve their clients, their courts and their profession.
