Felonies, Misdemeanors, and Infractions in Mississippi

In the State of Mississippi, crimes arise when state laws are broken, whether through offenses against individuals (violent crimes) §97-3-1 to §97-3-119 or against property (non-violent crimes) §§ 97-17-1- 97-17-207). The justice system classifies crimes into two main categories: felonies and misdemeanors, while lesser offenses are designated as violations.

The way a crime is classified under the Penal Code largely determines the consequences for the offender. These include:

• The length of incarceration
• Whether the sentence is served in a county jail or a state prison
• The amount of fines or fees imposed
• The court that will handle the case.

Mississippi’s criminal courts handle criminal cases, and individuals seeking access to criminal court records should submit their requests to the court where the case was heard. The law also sets statutes of limitations that restrict the period during which prosecutors may file charges.

What is a Felony in Mississippi?

In Mississippi, a felony is considered a serious crime, classified by the severity of its punishment. Under Mississippi Code § 1-3-11, an offense qualifies as a felony if it is punishable by:

• Death (for the most severe crimes, such as Capital Murder).
• More than one year of imprisonment in the state penitentiary.

Unlike many states, Mississippi does not categorize felonies by severity levels. Instead, each felony offense carries its own penalty as defined by law. When a statute does not specify a punishment, the sentencing judge has the authority to decide. For example, robbery may result in up to 15 years in state prison, while burglary can carry a sentence of up to 25 years.

Certain offenses may be punishable by a fine or confinement in a county jail; still, if the law allows imprisonment in the state penitentiary as the maximum penalty, the offense is classified as a felony, regardless of whether the sentence is ultimately served in a county jail or state prison.

In Mississippi, felonies are not limited to punishments like the death penalty or state prison terms. Many offenses also carry substantial fines, sometimes reaching up to $500,000, together with other penalties. For instance, possessing a Schedule I or II controlled substance in amounts of 10 or more dosage units (but less than 30 grams or 40 dosage units) can result in fines of up to $500,000. Larger quantities may result in even higher fines, as specified under the law.

Since felonies are sentenced according to the particular circumstances of each case rather than as a single category, courts use specific factors as guidelines to decide the appropriate punishment:

• Location of the crime: Felonies committed in or near public places (e.g., schools or churches) carry harsher penalties.
• Involvement of a firearm: Crimes involving the use or display of weapons result in more severe punishments.
• Past criminal record: Repeat or habitual offenders face harsher penalties than first-time offenders (e.g., a third DUI becomes a felony).
• Victims involved: Crimes involving vulnerable victims, such as children or persons with disabilities, attract more severe punishments.

In addition to the severe penalties imposed, certain felony arrests, prosecutions, and convictions in Mississippi may remain permanently on an offender’s record. This is particularly the case for Mississippi sex offenses and driving offenses that cause death or injury. Such records cannot be expunged or sealed, even after the sentence is completed, which can significantly affect an offender’s life and future opportunities.

What Are Some Examples of Felonies In Mississippi?

In Mississippi, crimes are classified as felonies if they are punishable by imprisonment in the state penitentiary for more than one year or by the death penalty. Felonies encompass a broad range of offenses, including those against individuals, property, and public order. Common examples include:

Violent Crimes and Crimes Against Persons

• Murder
• Manslaughter
• Rape and sexual battery
• Aggravated assault
• Robbery
• Kidnapping
• Human trafficking
• Aggravated domestic violence
• Exploitation of children
• Possession or distribution of child pornography.

Property and Financial Crimes

• Burglary
• Grand larceny (theft over $1,000 in value)
• Arson
• Forgery
• Embezzlement
• Carjacking

Drug and Habitual Offenses

• Drug trafficking
• Felony drug possession
• Possession of a firearm by a convicted felon
• Third or subsequent DUI conviction (within five years).

Can I Get A Felony Removed From A Court Record In Mississippi?

Yes, some felonies in Mississippi can be expunged, which means the arrest or conviction is removed from public records. Adult expungement in the state is primarily governed by Mississippi Code § 99-19-71. However, only one felony conviction can be expunged per person, and not all offenses qualify.

When an expungement is granted, the court directs the relevant agencies to withdraw, destroy, or permanently seal all records of the arrest and conviction. As a result, the offense will no longer appear in most background checks. Expungement restores an offender’s legal status to that of someone with no criminal history, allowing them to legally state that the expunged offense never occurred.

The court is required to grant an expungement in cases where:

• The charges were dismissed or dropped (nolle prosequi)
• The defendant was acquitted at trial (found not guilty)
• The case ended without a final disposition.

However, not every felony qualifies for expungement, particularly violent offenses. Felonies that cannot be expunged include:

• Crimes of violence, such as murder, manslaughter, aggravated assault, kidnapping, rape, robbery, carjacking, and burglary of a dwelling
• Arson
• Intimidating a witness
• Forgery
• Embezzlement
• Trafficking (first degree) controlled substance
• Rape
• Refusal to register as a sex offender
• Abuse and neglect or exploitation of a vulnerable person
• DUI (third, fourth, and subsequent convictions)
• A felon carrying a firearm.

Recognizing the harmful impact a criminal record can have on a person’s life, Mississippi enacted the Justice Reform Act of 2019 (effective July 1), which broadened the range of crimes eligible for expungement. Under this law, every individual is granted the right to one expungement, specifically allowing the first conviction of any non-violent felony to be cleared. The Act reflects the state’s effort to give citizens a second chance. With millions of Mississippians holding criminal records, many continue to face lasting challenges even after serving their sentences, largely due to the collateral consequences tied to those records.

A person may qualify to have a felony conviction expunged (removed from most public records) if:

• All terms of the sentence have been completed, including fines, incarceration, and probation.
• At least five years have passed since the sentence was completed.
• The offense is not among those specifically excluded by law.

An individual may apply for expungement in the court where the case was tried, with the District Attorney receiving at least 10 days’ notice before the hearing. The court’s decision will take into account whether the applicant has demonstrated rehabilitation. Even when an expungement is granted, a copy of the record is retained by the Mississippi Criminal Information Center. While the public cannot access it, law enforcement agencies may review it to determine if the applicant qualifies as a first-time offender.

In Mississippi, juvenile criminal records are kept confidential, and access is restricted until they are expunged. Under Mississippi Code § 43-21-263, the youth court may order the sealing of such records once the individual turns 20, or if the case is dismissed or the adjudication is set aside.

Is expungement the same as sealing court records in Mississippi?

In Mississippi, expungement and sealing are distinct processes. An expunged record is permanently removed from public access, while a sealed record remains on file but is hidden from the public by court order. Juvenile records are generally sealed under Miss. Code § 43-21-263 and can only be unsealed by another court order. As a result, sealed or expunged records typically do not appear in background checks, and individuals may legally answer 'No' when asked about prior criminal records on forms.

Certain authorized agencies, such as courts, prosecutors, and law enforcement, can still access these records through the Mississippi Criminal Information Center (MCIC). State law requires the MCIC to maintain criminal history records for all individuals to determine whether someone is a first-time offender. Irrespective of the outcome of the case (whether conviction, dismissal, acquittal, or dropped charges), the record is filed with the MCIC.

What are misdemeanors in Mississippi?

In Mississippi, any offense that does not carry the death penalty, state prison time, or substantial fines is classified as a misdemeanor. Like in other states, misdemeanors are viewed as less serious crimes compared to felonies.

Under Mississippi Code § 97-9-129, misdemeanors are generally punishable by up to one year in a county jail and/or fines of up to $1,000. Unlike felonies, they do not lead to imprisonment in the state penitentiary. Mississippi does not classify crimes into categories based on severity; instead, each offense is addressed individually, with penalties that may include jail time, fines, or both.

Although Mississippi law does not formally classify misdemeanors, it applies sentencing enhancements for repeat offenders. This means that penalties for repeated offenses, such as fines and jail time, can be increased. In some cases, multiple misdemeanor convictions may even escalate to a felony. For example, a first DUI in Mississippi is a misdemeanor. A second DUI within five years is still a misdemeanor but comes with harsher penalties, including higher fines, longer jail terms, and extended license suspensions. A third DUI within five years, however, is elevated to a felony.

What Are Some Examples Of Misdemeanors In Mississippi?

Mississippi treats misdemeanors as less serious offenses, typically punishable by up to one year in a county jail, a fine, or both. While a first-time misdemeanor is treated as a lower-level offense, repeat misdemeanor convictions are taken more seriously and can result in more stringent penalties. In some cases, repeated offenses may even be elevated to a felony, carrying the possibility of state prison time.

Some common examples of misdemeanors in Mississippi include:

• Simple assault
• DUI (first and second offense within five years)
• Possession of marijuana (simple possession of 30 grams or less of marijuana)
• Disorderly conduct
• Trespassing
• Shoplifting or petty theft
• Public intoxication
• Underage drinking
• Resisting arrest
• Hazing
• Harassment
• Stalking.

Can I get a misdemeanor removed from a record in Mississippi?

Misdemeanors can be expunged from a person’s criminal record in Mississippi. State law provides different options for clearing a misdemeanor record, depending on the nature of the offense and the outcome of the case. Under Mississippi Code § 99-19-71, a first-time misdemeanor offender (excluding traffic violations) may petition the court where the conviction occurred for expungement. Provided they have fully completed all terms and conditions of their sentence, including jail time, probation, and payment of fines.

Under Miss. Code § 21-23-7(6), a court may, at its discretion, expunge multiple misdemeanors from separate incidents if it finds that the individual has demonstrated rehabilitation and maintained good conduct for at least two years. Additionally, Mississippi law permits a person convicted of a first-offense DUI (under Miss. Code § 63-11-30) to petition the circuit court for expungement, provided they meet specific requirements, including:

• The individual did not hold a commercial driver’s license or learner’s permit at the time of the offense.
• They did not refuse a breath or blood test, and their BAC was below 0.16%.
• At least five years have passed since completing all terms and conditions of the sentence.
• They have no prior DUI convictions or pending DUI charges.

A person may also be eligible to have a non-conviction expunged if they request it under the following circumstances (Miss. Code Ann. § 99-15-59):

• They were arrested, but the charges were later dismissed.
• They were acquitted at trial.
• The case ended without a final disposition.
• They completed a program (such as a pretrial diversion or non-adjudication program) that resulted in the charges being dismissed.

Can a DUI be expunged in Mississippi?

Yes, a DUI may be expunged from a Mississippi court record, but only if it was a first offense. This is a one-time opportunity, and is granted at the court’s discretion. The expungement of a first-time DUI conviction is subject to several conditions outlined in Mississippi Code § 63-11-30. Under this law, a person convicted of DUI may petition the court for expungement if:

• The defendant did not possess a commercial driver’s license or commercial learner’s permit at the time of the offense.
• The petitioner completed all penalties and conditions of the sentence.
• At least five years have passed since the sentence was completed.
• The defendant has no other pending DUI charges.
• The applicant has not obtained an expungement of any prior criminal record.
• The petitioner complied with a blood or breath test at the time of arrest.
• The defendant’s blood alcohol concentration (BAC) was 0.16% or lower.
• The individual presents a valid justification to the court for having the offense removed from their record.

If a first DUI case fails to meet these requirements, it will not be eligible for expungement. When granted, expungement restores the individual to the legal status held before the conviction; however, law enforcement retains a nonpublic record solely to determine first-offender status in any future proceedings.

What Is An Infraction In Mississippi?

In Mississippi, infractions are considered minor offenses that carry only fines and do not result in jail time. Receiving a ticket for an infraction usually indicates a violation of a traffic law or a minor local ordinance. Since these are not serious crimes, infractions do not appear on a person’s criminal record. For instance, Section 63-2-7(2) of the Mississippi Code specifies that a conviction for failing to wear a seat belt while driving does not go on the offender’s driving record and therefore does not become part of their criminal history.

In Mississippi, most infractions are traffic-related. While the state does not use a points system to suspend a driver’s license, certain violations or repeated offenses can still bring harsher consequences, such as license suspension or revocation, depending on the nature of the violation and the driver’s compliance with court orders.

Infractions typically result in tickets that list the fine to be paid. However, for more serious traffic offenses (such as reckless driving, driving without insurance, driving on a suspended license, or DUI), the ticket also serves as a summons to appear in court. Failing to appear in court may result in a contempt of court charge, a serious offense that could lead to jail time.

What are some examples of infractions in Mississippi?

In Mississippi, infractions are minor offenses, often tied to traffic rules or local ordinances, and they typically result in a fine rather than jail time. Some common examples include:

• Speeding (minor speeding violations under Miss. Code § 63-3-501)
• Littering
• Following another vehicle too closely
• Obstructing traffic
• Driving with an expired driver’s license or without a license
• Disobeying a traffic light
• Failure to wear a seat belt (Miss. Code § 63-2-7)
• Parking violations
• Expired vehicle registration or license plate
• Failure to display proof of insurance (repeat or willful violations can be treated more seriously)
• Making unlawful turns.

More serious violations (such as DUI, reckless driving, driving with a suspended license, or driving without insurance) are treated as misdemeanors or, in some cases, felonies. Unlike infractions, these are criminal offenses that can result in jail time.

Can Infractions Be Expunged From A Mississippi Criminal Court Record?

Infractions in Mississippi are minor violations, typically involving traffic or local ordinances. Because they do not lead to a criminal conviction, they generally do not create a formal record for expungement. Only those infractions that escalate to misdemeanors may qualify for record clearance.

Infractions primarily affect an individual’s driving record (motor vehicle record or MVR), which is distinct from their criminal record. Some minor infractions, such as a seatbelt violation, are specifically excluded from the public driving record by law.

In Mississippi, a person generally cannot expunge an infraction, but the state allows certain traffic violations to be removed from their public driving record through specific programs, such as:

• Minor traffic violations: Eligible first-time offenders can complete a Traffic Safety Violator Course to have the case dismissed and keep it off their public driving record.
• More serious traffic offenses (misdemeanors): record.
• More serious traffic offenses (misdemeanors): Programs such as non-adjudication allow individuals to complete court-ordered requirements to avoid a criminal conviction, after which the record may be sealed or dismissed.

What is Deferred Adjudication in Mississippi?

In Mississippi, the legal system does not formally use the term deferred adjudication. Instead, the state recognizes non-adjudication and pretrial diversion programs. Under non-adjudication, a defendant enters a guilty plea, but the court defers entering a conviction. If the defendant successfully fulfills the court’s conditions, the case is dismissed, and no conviction appears on their criminal record.

To be eligible for non-adjudication in Mississippi, a defendant must meet the requirements detailed in Mississippi Code § 63-11-30(14), including:

• Being a first-time offender with no prior DUI convictions or pending DUI charges.
• Not holding a commercial driver’s license (CDL) or learner’s permit at the time of the offense.
• Having no prior participation in a non-adjudication program.
• Not refusing a breath, blood, or urine test, unless the court determines there was good cause for the refusal.
• Present a valid justification to the court for why non-adjudication should be granted.
• Complete all court-ordered conditions, such as paying fines, attending alcohol safety education, and installing an ignition interlock device.

Mississippi also provides a pretrial diversion program under Miss. Code Ann. § 99-15-101 et seq. This option is available to individuals with no prior felony convictions, no convictions or pending charges for crimes against persons or drug offenses, and who agree to meet program requirements. The process generally involves:

• The defendant is applying for the diversion program before trial.
• The court reviews the application and, if appropriate, approves participation.
• Dismissal of charges without a conviction upon successful program completion (Miss. Code § 99-15-26).
• The possibility for the defendant to petition for expungement of the case record.

Note: Both programs require court approval, and a judge has the discretion to decide whether participation is allowed.

Types of Crimes Eligible for Deferred Adjudication in Mississippi

In Mississippi, deferred adjudication takes the form of non-adjudication and pretrial diversion programs, which give eligible offenders the chance to avoid a formal conviction if they meet specific conditions. Offenses that may qualify include:

• First-time DUI offenses
• Drug possession, such as simple possession of a controlled substance (typically lower-level cases)
• Minor property crimes, including misdemeanor theft (shoplifting), unauthorized use of a vehicle, or certain lower-level fraud offenses
• Certain misdemeanors may qualify if the court approves and the defendant complies with conditions such as fines, education programs, or community service.
• Some non-violent felony cases can qualify for pretrial diversion if the person has no past felonies, no charges involving drugs or crimes against people, and shows a chance of rehabilitation.
• Juvenile offenses are often addressed through diversion or non-adjudication for a second chance without a permanent conviction.