Introduction to Misdemeanors in Mississippi

In Mississippi, misdemeanors are the state’s second most serious criminal offenses. They are the second of Mississippi’s two main classifications of criminal offenses—felonies and misdemeanors. They are less serious than felonies and do not carry the death penalty or confinement in state prisons. In contrast, felonies, as the most serious criminal offenses, can be punished by the death penalty and imprisonment in the penitentiary (Mississippi Code Ann. § 1-3-11).

Unlike other states, Mississippi does not subclassify misdemeanors into different classes (e.g., Classes A, B, C, or 1, 2, 3) to indicate severity and specify penalties. Instead, the severity and penalty are defined individually for each misdemeanor offense in the state’s code for that crime.

Understanding how crimes are classified in Mississippi is important for certain reasons, including enabling the public to determine the severity of the potential legal consequences for offenses based on their category, the legal or court process, or the long-term consequences of the crime.

Note: In Mississippi, infractions or violations are often low-level misdemeanors. An example is driving without a seatbelt (Miss. Code § 63-2-7). Misdemeanor court records are generally public and accessible to interested individuals through Mississippi criminal court records.

Common Examples of Misdemeanors in Mississippi

Common examples of misdemeanors in Mississippi include, but are not limited to:

• Simple assault (Miss. Code Ann. § 97-3-7(1)(a))
• Disorderly conduct (Miss. Code Ann. § 97-35-7(1))
• Petit larceny (Miss. Code Ann. § 97-17-43)
• First-offense DUI (Miss. Code Ann. § 63-11-30(2)(a))
• Criminal trespass (Miss. Code Ann. § 97-17-87)
• Shoplifting (Miss. Code Ann. § 97-23-93)
• Reckless Driving (Miss. Code Ann. § 63-3-1201)
• Disturbing the peace (Miss. Code Ann. § 97-35-15)
• Resisting arrest (Miss. Code Ann. § 97-9-73)
• Malicious mischief (Miss. Code Ann. § 97-17-67)
• Indecent exposure (Miss. Code Ann. § 97-29-31)
• Hazing (Miss. Code Ann. § 97-3-105)
• Prostitution
• Stalking
• Telephone harassment (Miss. Code Ann. § 97-29-45)

Statute of Limitations for Misdemeanors in Mississippi

Mississippi’s statute of limitations is a legally outlined period or timeline within which a criminal offense can be prosecuted in the state. Per Miss. Code Ann. § 99-1-5, which governs criminal statutes of limitations in the state, most misdemeanors have a two-year statute of limitations in Mississippi.

The two-year limitation period is counted from the date the alleged misdemeanor crime was committed. But the clock can be extended (i.e., paused or tolled) if the suspect is absent from the state, out of the jurisdiction of the court, evades law enforcement, or flees from justice (Miss. Code Ann. § 99-1-5).

Based on the law, prosecutors must file charges within the statute of limitations. Otherwise, they lose the right to prosecute. The law allows one year to be added to the statute of limitations when the state loses, destroys, quashes, or stops an indictment to give the state time to find a new indictment and continue prosecution (Miss. Code §99-1-9).

The table below summarizes the statute of limitations for misdemeanors in the state of Mississippi.

Legal Penalties for Misdemeanors

Under Mississippi Code § 97-9-129 (3), misdemeanors are generally punishable by confinement up to one (1) year in a county jail, fines of up to $1,000, or both. However, the specific penalty for each misdemeanor offense, which may differ from the general limit, is outlined in the code that defines the crime itself. A few examples include:

• Shoplifting (up to 6 months imprisonment and $1000 fine, or both—Miss. Code § 97-23-93)
• Simple assault (up to 6 months imprisonment and $500 fine, or both—Miss. Code § 97-3-7(1)(a))
• Trespassing (up to 6 months imprisonment and $500 fine, or both—Miss. Code Ann. § 97-17-87)
• Disturbing the peace (up to 6 months and $500 fine, or both—Miss. Code § 97-35-15)
• Malicious mischief (up to one year imprisonment and a $1,000 fine, or both—Miss. Code § 97-17-67).

The exact penalty for a misdemeanor conviction typically varies from person to person, depending on the case, the court's discretion, and the defendant’s criminal history. For example, repeat offenders receive enhanced penalties, such as maximum jail times and fines. Additionally, a defendant may be granted probation in place of imprisonment or, in addition to incarceration and/or a fine penalty, receive other punishments, such as restitution, community service, and treatment programs.

Note that a misdemeanor conviction may result in more than a court sentence. A conviction can cost a person their job or make it difficult to find one, including reduced housing and educational opportunities.

Court Process for Misdemeanors

While this may differ according to variations in local court procedures, the typical step-by-step court process a misdemeanor case follows in Mississippi includes:

• Arrest or Citation: Law enforcement officers arrest the suspect either via a warrant or based on probable cause or issue a citation.
• Initial Appearance/Arraignment: The accused appears before a municipal or justice court judge, hears the charges, and enters a plea of guilty, not guilty, or no contest.
• Pretrial Proceedings: Includes the discovery process (where the defense obtains evidence from the prosecution), motions to address issues before trial, and plea negotiations to resolve the case.
• Trial: Prosecution and defense present evidence, call and cross-examine witnesses, and deliver opening and closing arguments, usually before a judge.
• Verdict and Sentencing: If found guilty, the judge imposes penalties on the defendant.
• Appeal: The defendant appeals their conviction to a higher court, such as the County or Circuit Court (if necessary).

How Misdemeanors Affect Your Criminal Record

In Mississippi, misdemeanor convictions are recorded and maintained as part of a person’s criminal history record by the Mississippi Department of Public Safety's "Criminal Information Center (CIC)". As a result, a person's misdemeanor record will be seen during criminal record background checks in the state. Also, misdemeanor arrests and court records are maintained as public records and accessible to individuals, including potential employers, landlords, agencies, and organizations, through official law enforcement or judicial repositories or third-party resources.

The length of time for which a misdemeanor information is available to be seen or not on a criminal or court record generally depends on Mississippi’s record-keeping practices and its expungement or sealing laws. Nonetheless, the impact of this record on a person may include limited employment, educational, or housing opportunities.

Differences Between Misdemeanors and Other Offenses

The differences between misdemeanors and other offenses, like felonies, are as follows:

• Based on severity, misdemeanors are less serious criminal offenses in the state. In contrast, felonies are the most serious criminal offenses.
• Misdemeanors carry imprisonment in county jails and smaller fines. In contrast, felonies are punishable by imprisonment in state prisons and carry bigger fines.
• Misdemeanors are generally punishable by imprisonment terms of zero (0) to one (1) year, fines of up to $1,000, or both. In contrast, felonies are punishable by the death penalty, life imprisonment, or at least one year in a state prison and/or fines of up to $500,000 or more in certain cases.

How to Check for Misdemeanors in Court Records

Courts that handle misdemeanor cases in the state of Mississippi include municipal courts, justice courts, and county courts. These courts maintain records for legal cases. Interested individuals can access and/or request copies of these records under the Mississippi Public Records Act (Miss. Code Ann. § 25-61-1 et seq.) through the relevant court that handled the case, whether in person, by mail, via e-mail, by phone, by fax, or online. For example, individuals can use the contact details available on the Prentiss County Justice Court, Adams County Court, and Natchez Municipal Court websites to contact the court clerk offices to request a court record.

Alternatively, misdemeanor court records may be searched online through the Mississippi Electronic Courts (MEC) system or via an individual case portal maintained by the relevant court (where available).

Fees will be charged for copies and certification (if needed). Kindly note that access to and procedures for misdemeanor court records may vary by jurisdiction. Official sources should be consulted for information and guidance.

Can a Misdemeanor Be Expunged or Sealed in Mississippi?

Yes. A misdemeanor conviction can be expunged, cleared, or removed from a person’s record in Mississippi. Under Mississippi Code Ann. §§ 99-19-71, any first offender who has been convicted of a misdemeanor (that is not a traffic violation) and has completed all terms and conditions of their sentence, including payment of all fines and costs, may petition the court of conviction to expunge or clear their conviction from their records.

Multiple and subsequent offenses may also be expunged under Mississippi Code Ann. §§ 9-11-15(3) and 21-23-7(6), where justice court judges and municipal courts can, in their discretion, expunge multiple misdemeanor convictions if they determine a person has demonstrated rehabilitation and maintained good conduct for at least two years since their last conviction.

Per Miss. Code § 63-11-30(13), a person convicted of a first-time misdemeanor DUI offense may also petition the circuit court that handled their case to expunge the record of their conviction at least five (5) years after completing all terms and conditions of their sentence.

Furthermore, an individual who was arrested for any misdemeanor offenses but was not charged or prosecuted within twelve (12) months of the arrest, or was charged but the charges were dropped or dismissed, or the charges were dismissed upon completing certain court-imposed conditions, may petition the relevant court to expunge the arrest or charge records without a waiting period (Miss. Code Ann. § 99-15-59; § 99-15-26).

Note: The benefits of clearing a misdemeanor conviction from the record include improved employment, educational, and housing opportunities.

The table below summarizes Mississippi’s expungement rules for first-time, repeat, and violent offenses.