Mississippi Misdemeanors

In Mississippi, a misdemeanor is a less serious criminal offense that is punishable by up to a year in a county jail and a fine of up to $1,000. Mississippi does not divide misdemeanors into classes. However, the penalty for each misdemeanor offense is set by specific statutes.

What Is a Misdemeanor in Mississippi?

In Mississippi, a misdemeanor is any criminal offense that carries a potential prison sentence of up to six months in a county jail and a fine of not more than $1,000. Common examples of misdemeanors in the state include simple assault, shoplifting at lower values, disorderly conduct, and first- or second-offense DUI.

Misdemeanor Classes and Penalties in Mississippi

Mississippi does not categorize misdemeanors into "Class A/B/C." The penalties are as follows:

• In most situations, the penalties for each crime are specified by particular state laws. For instance, the penalty for a DUI offense is detailed in Title 63 of the Mississippi Code.
• Default rule.If no penalty is mentioned, offenders could face up to 6 months in county jail and/or a $1,000 fine. Judges also have the authority to impose probation, restitution, treatment, community service, and other legal conditions.

First-time vs. repeat offenses. Many misdemeanors in Mississippi become more serious if the offender has a prior conviction. DUI is the most obvious example. A second offense within five years results in mandatory minimum jail time and community service,while a third offense within five years is classified as a felony.

Misdemeanor Court Process in Mississippi

Which court handles my case? In Mississippi, misdemeanors are handled by state trial courts, which include Municipal Courts, Justice Courts, County Courts, and, in some areas, Circuit Courts.

Typical path from stop to sentencing.

1. Citation or arrest and booking/appearance. Law enforcement either takes someone into custody or issues a summons or complaint. The Mississippi Rules of Criminal Procedure permit judges to issue a summons instead of an arrest warrant when suitable.
2. Initial appearance/arraignment in the proper lower court (Municipal/Justice/County): During this hearing, the judge informs the defendant about the charges and their rights, and establishes conditions for release. If there is a chance of jail time and the defendant cannot afford a lawyer, a public defender may be assigned to represent them.
3. Pre-trial: This stage involves discovery, motions, plea negotiations, and any options for diversion or treatment that occur in the trial court.
4. Trial: In Mississippi, jury trials are not permitted in Municipal Court. However, jury trials can take place in courts with jury jurisdiction, such as county or Circuit Courts. Jury trials are requested through an appeal or by transferring the case to a court with jurisdiction.
5. Sentencing: If a conviction or plea is entered, the judge will impose a sentence within the legal limits for that type of crime. The judge may also mandate probation, restitution, or participation in programs.Any jail time served will be in the county jail.

Misdemeanor Records in Major Mississippi Cities

Mississippi does not offer a free, statewide criminal case viewer. Instead, the Mississippi Electronic Courts (MEC) system provides e-filing and public access through subscription. Many clerks also have public terminals at the courthouse where you can check filings for free.

• Jackson (Hinds County/Jackson Municipal Court). The Jackson Municipal Court has an online portal for ticket and case payments. You can search records by ticket number or driver’s license. However, official documents and certified copies are obtained from the court clerk's office. For state-law dockets filed in County or Circuit Court, you can use the MEC portal or the clerk’s public terminal.
• Gulfport (Harrison County). The Gulfport Municipal Court website allows the public to pay fines online. Justice and Circuit Courts at the county level also provide links to payment portals and online services.
• Hattiesburg (Forrest County). The Hattiesburg Municipal Court offers an online payment platform that allows you to view available records. The court also shares contact information and access links for Justice, Circuit, and County divisions.

What you usually find online includes party names, case or ticket numbers, a brief description of the charge with statute citation, hearing dates, outcomes, sentence terms, and any outstanding balances.

How to Search for Misdemeanor Records in Mississippi

You can obtain misdemeanor records in Mississippi by taking the following steps:

1. Check the Court first. Find out if the case was handled by a Municipal Court (within city limits), Justice Court, County Court, or Circuit Court. You can use local court websites or the Mississippi Judiciary’s directory to verify the location.
2. Use MEC for docket images (state trial courts). You need to create an MEC account to search and view filings across the state. Keep in mind that there are fees for viewing each page. To avoid these fees, you can go to the courthouse and use a public terminal.
3. Use municipal/justice portals for tickets and payable misdemeanors. For instance, you can check out Jackson Municipal Court and Gulfport Municipal Court's online payment/search pages. These pages typically provide citation details and payment status rather than complete case files.
4. Certified copies or non-online records. If you need certified copies or records that are not online, contact the clerk of the court where your case was filed. Some counties also have their own “case inquiry” pages or link to vendor portals for payments.

How Long Does a Misdemeanor Stay on Your Record in Mississippi?

In Mississippi, a misdemeanor conviction does not automatically disappear from one's record. You can only restrict public access to records by petitioning the court that handled your case.

For example, suppose it is your first non-traffic misdemeanor. In that case, you can ask the justice, county, circuit, or municipal court where you were convicted to remove the conviction from public records. Even if your expungement is granted, the Mississippi Criminal Information Center and the district attorney may still maintain a non-public record.The expungement essentially restores you to the status you had before the case. Also, if you petition, courts are required to expunge arrests and cases that were dismissed, dropped, found not guilty, or had no outcome.

Lastly, Mississippi law allows for the expungement of a qualifying first-offenseDUI under the DUI law after certain conditions are fulfilled. Without a court order for relief, a misdemeanor in Mississippi can remain publicly visible forever. However, with expungement, the public can no longer see the records.Access to records is restricted to law enforcement officers.