Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	Records relating to a first-time misdemeanor offense conviction in a municipal court can be expunged if the petitioner was under 23 years old at the time of the conviction. Miss. Code Ann. § 21-23-7(7).	Records relating to matters that the youth court dismissed or set aside may be sealed. Miss.Code Ann. § 43-21-263(1)(b), (c).	Records relating to any youth court matters can be sealed so long as the person has reached 20 years of age. Miss. Code Ann. § 43-21-263(1)(a).	Records relating to any youth court matters can be destroyed. Miss. Code Ann. § 43-21-265.	Records relating to one qualifying felony conviction can be expunged by the court five years after sentence completion. Miss. Code Ann. § 99-19-71(2)(a).	Records relating to misdemeanor convictions can be expunged by the municipal court two years after the last conviction upon a showing of rehabilitation and good conduct. Miss. Code Ann. § 21-23-7(6).	Records relating to a conviction for purchasing or possessing alcohol under age 21 can be expunged by the court one year after sentence completion. Miss. Code Ann. § 67-3-70(6).	Records relating to a first-time conviction for driving under the influence can be expunged by the court five years after sentence completion, so long as the petitioner did not have a commercial driver's license or learning permit at the time of the offense. Miss. Code Ann. § 63-11-30(13).	Records of a case dismissed after the successful completion of court-imposed conditions can be expunged by the court. Miss. Code Ann. § 99-15-26.	Records of a case with a noncriminal disposition following the successful completion of a pretrial intervention program can be expunged by the court. Miss. Code Ann. § 99-15-123.	Records of a case dismissed following the successful completion of a drug court program will be expunged. However, no expungement of any implied consent violation is allowed. Miss. Code Ann. § 9-23-23.	Records of a case for which a person successfully fulfilled a mental health court order and other requirements of probation or suspension of sentence are expunged by the court. Miss. Code Ann. § 9-27-19.	Records of an arrest and conviction naming an identity theft victim as the perpetrator of a crime can be expunged by the court. Miss. Code Ann. § 97-45-27.	Records relating to a misdemeanor offense for which no charges were filed, or the charge did not result in prosecution, can be expunged by the court 12 months after the arrest or citation. Miss. Code Ann. §§ 99-15-59, 99-19-71(4).	Records relating to any charge can be expunged by the court upon dismissal, acquittal, or a finding of not guilty at trial. Miss. Code Ann. § 99-19-71(4).	Records of a case where the charges are dropped or dismissed, there is no disposition, or the person is found not guilty at trial will be expunged by the municipal court judge. Miss. Code Ann. § 21-23-7(13).	Photographs and fingerprints taken at arrest or summons must be returned to the person if no charges are filed, no conviction is obtained, or the conviction is invalidated. Mont. Code Ann. § 44-5-202.	Records of a juvenile adjudication must be physically sealed on the youth's 18th birthday, so long as the person is not subject to a disqualifying event. Mont. Code Ann. § 41-5-216(1).	Records of a juvenile adjudication in which the jurisdiction of the court or any agency is extended beyond the youth's 18th birthday must be physically sealed upon the termination of the extended jurisdiction, so long as the person is not subject to a disqualifying event. Mont. Code Ann. § 41-5-216(1).	Informal youth court records for a youth that was involved only in informal proceedings, must be destroyed on the youth's 18th birthday. Mont. Code Ann. § 41-5-216(7)(c).
Ineligible Category or Citation	Traffic violations are ineligible for expungement under this section. Miss. Code Ann. § 21-23-7(7).	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	Except when juvenile criminal history information has been sealed by order of the court, records of sex offenses cannot be destroyed, expunged, purged, or sealed. Miss. Code Ann. § 45-33-55.	See Miss. Code Ann. § 99-19-71(2)(a)(i)-(x), (5).	This section applies to any and all misdemeanor convictions in a municipal court.	This provision applies only to underage alcohol offenses. Miss. Code Ann. § 67-3-70(6).	This provision applies only to driving under the influence. Miss. Code Ann. § 63-11-30(13).	See section 99-15-26(1) for ineligible offenses.	See section 99-15-107 for eligibility criteria for pretrial intervention.	See section 9-23-15 for requirements for participation in drug courts.	See Miss. Code Ann. § 9-27-11(1) for the requirements for participation in a mental health court.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	The following cannot be sealed: (1) youth traffic records, (2) records in any case in which the youth did not fulfill all requirements of the court's judgment or disposition, and (3) information pertaining to a youth that was required to register as a sexual offender. For a complete list of records excluded from sealing, see Mont. Code Ann. § 41-5-216(4).	Youth traffic records, records in any case in which the youth did not fulfill all requirements of the court's judgment or disposition, and information pertaining to a youth that was required to register as a sexual offender are ineligible for sealing. For a complete list of records excluded from sealing, see Mont. Code Ann. § 41-5-216(4)	There is no statutory language regarding ineligible offenses.
Clearance Process	Petition-based	By petition or court's own motion	By petition or court's own motion	By petition or court's own motion	Petition-based	Automatic	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Automatic	Petition-based	Petition-based	Petition-based	Automatic	Automatic	Automatic	Automatic	Automatic
Waiting Periods	There is no statutory language regarding a waiting period.	The petition can be filed immediately the matter being dismissed or set aside.	The petition can be filed when the person reaches age 20.	There is no statutory language regarding a waiting period.	The petition can be filed five years after sentence completion.	The record can be expunged two years after the last conviction.	The petition can be filed one year after sentence completion.	The petition can be filed five years after sentence completion.	There is no statutory language regarding a waiting period.	There is no statutory language regarding a waiting period.	There is no statutory language regarding a waiting period.	There is no waiting period.	There is no statutory language regarding a waiting period.	The petition can be filed 12 months after the arrest or citation.	There is no waiting period.	There is no statutory language regarding a waiting period.	There is no statutory language regarding a waiting period.	The record will be sealed on the youth's 18th birthday. Mont. Code Ann. § 41-5-216(1).	The record will be sealed upon termination of extended jurisdiction. Mont. Code Ann. § 41-5-216(1).	The record will be destroyed on the youth's 18th birthday. Mont. Code Ann. § 41-5-216(1).
Fees	There is a $150 filing fee per petition filed. Miss. Code Ann. § 99-19-72.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is a $150 filing fee per petition filed. Miss. Code Ann. § 99-19-72.	There is no statutory language regarding a fee.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language on fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding a fee.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.
Effect	The person is restored, in the contemplation of the law, to pre-arrest status, with certain exceptions. An employer can ask a prospective employee if they have had a record expunged. Miss. Code Ann. § 99-19-71(3).	The court may at any time order the unsealing of records involving children.	There is no statutory language on the effect of sealing.	"Destruction" means the physical destruction by means specified by the youth court. Medical and mental health examination records are exempt from destruction. Miss. Code Ann. § 43-21-265.	The person is restored, in the contemplation of the law, to pre-arrest status, with certain exceptions. An employer can ask a prospective employee if they have had a record expunged. Miss. Code Ann. § 99-19-71(3).	The person may lawfully deny any prior convictions. The order of expungement does not apply to the confidential records of law enforcement agencies and has no effect on the driving record of a person. Miss. Code Ann. § 21-23-7(6).	All official records relating to the arrest, trial, finding or plea of guilty, dismissal, and discharge are expunged. Miss. Code Ann. § 67-3-70(6).	The court order is forwarded to the Department of Public Safety. Miss. Code Ann. § 63-11-30.		The record is expunged. Miss. Code Ann. § 99-15-123(3).	The record is expunged. Miss. Code Ann. § 9-23-23.	The record of the criminal conviction is expunged. Miss. Code Ann. § 9-27-19.	There is no statutory language regarding the effect of expungement.	The person is restored, in the contemplation of the law, to pre-arrest status, with certain exceptions. An employer can ask a prospective employee if they have had a record expunged. Miss. Code Ann. § 99-19-71(3).	The person is restored, in the contemplation of the law, to pre-arrest status, with certain exceptions. An employer can ask a prospective employee if they have had a record expunged. Miss. Code Ann. § 99-19-71(3).	The record is expunged. Miss. Code Ann. § 21-23-7(13).	Photographs and fingerprints taken of the individual must be returned by the state repository to the originating agency, which shall expunge all copies. A criminal justice agency may not maintain any copies of the individual's fingerprints or photographs related to that charge or invalidated conviction.Mont. Code Ann. § 44-5-202(8).	Formal and informal youth court records, law enforcement records, and department records are subject to sealing. Mont. Code Ann. § 41-5-216(1). A sealed record must be made unavailable for access by any person unless upon court order. Mont. Code Ann. § 41-5-220.	Formal and informal youth court records, law enforcement records, and department records are subject to sealing. Mont. Code Ann. § 41-5-216(1). A sealed record must be made unavailable for access by any person unless upon court order. Mont. Code Ann. § 41-5-220.	Informal youth court records that are in hard-copy form must be destroyed, and any electronic records in the youth court management information system must disassociate the offense and disposition information from the name of the youth. Mont. Code Ann. § 41-5-216(7)(c). A destroyed record must be rendered inaccessible and unrecoverable and disposed of in a manner in which confidentiality is protected, which can include disassociating the offense and disposition information from the name of the youth. Mont. Code Ann. § 41-5-220.
Remedy	Expunge	Seal	Seal	Delete	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Return and Expunge	Seal	Seal	Delete

The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.