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Mississippi Court Records

Mississippi Court Records

The Mississippi court system is organized into several levels, consisting of eight different court types, which allows the state to handle a wide range of legal matters efficiently. The type of court that hears a case depends on the subject matter, the parties involved, and the amount of money in dispute. Altogether, more than 400,000 cases are handled annually in Mississippi courts.

Municipal courts are at the base of the state court hierarchy, operating at the city level and primarily handling violations of municipal ordinances, traffic offenses, misdemeanors, and preliminary hearings for felony cases. These courts do not use juries, and proceedings are not formally recorded.

Next, justice courts hear small civil cases involving amounts up to $1,000, as well as misdemeanor criminal offenses with penalties of up to one year in jail or a fine. These courts offer the right to a jury trial, and decisions may be appealed to either county court or circuit court, depending on the issue.

Youth courts handle matters involving individuals under the age of 18. These courts deal with issues such as delinquency, supervision needs, abuse, and neglect. Youth court proceedings are confidential, and the records are sealed. If a minor is accused of a violent crime, the case may be transferred to circuit court, where the individual may be tried as an adult.

County courts are established in more populated areas and handle civil cases involving claims of $50,000 or less, certain criminal misdemeanors, and appeals from justice and municipal courts. These courts help ease the workload of higher courts and may also handle youth matters in counties without a separate youth court. Chancery courts have exclusive jurisdiction over specific matters such as divorce, child custody, property disputes, wills, and mental health commitments. Chancery courts also hear appeals from county courts.

Circuit courts serve as general jurisdiction trial courts. They handle all felony criminal cases and civil cases where the amount in controversy exceeds $200. Circuit courts also hear appeals from lower courts and local government bodies.

At the top of the state court hierarchy are the Mississippi Supreme Court and the court of appeals. The supreme court is the highest court in the state and has final authority on all matters of Mississippi law. It hears appeals from circuit and chancery courts and reviews cases involving constitutional issues, utility rate disputes, and the death penalty. It also oversees the administration and rules of all state courts.

To help manage the supreme court's workload, the Mississippi Court of Appeals was created to hear cases assigned by the supreme court. Its decisions are typically final, although the supreme court may review them in select circumstances.

What Are the Types of Court Records In Mississippi?

Mississippi court records serve as official documentation of legal proceedings and provide insights into the resolution of judicial matters in the state. It comprises a wide range of case files, including but not limited to exhibits, motions, petitions, transcripts, opinions, and audio recordings. These records are maintained by the clerk of the court. Each court has a clerk whose office is tasked with maintaining the records of that court. The following types of court records are maintained by the clerk in each court type in Mississippi:

Supreme Court of Mississippi

Opinions and Rulings: Final decisions on cases that set legal precedents.
Case Dockets: Summaries of filings, motions, and decisions for cases reviewed by the court.
Disciplinary Records: Documents related to the regulation and discipline of legal professionals.
Administrative Orders: Rules and procedures governing the state's judicial system.
Petitions for Review: Formal requests for the Supreme Court to consider decisions from lower courts.

Mississippi Court of Appeals

Appellate Case Dockets: Logs of documents filed during the appellate process.
Court Opinions: Written decisions resolving legal issues on appeal.
Motions and Briefs: Legal arguments and procedural filings submitted by parties.
Oral Argument Records: Audio recordings and summaries of arguments made before the appellate panel.

Circuit Courts

Criminal Case Records: These courts handle all felony charges, including indictments, trial proceedings, convictions, and sentencing.
Civil Case Records: Circuit courts manage civil cases involving claims over $200, including personal injury, contract disputes, and tort litigation.
Appeals: These courts also hear appeals from the Justice and County Courts and from decisions of various administrative bodies.

Chancery Courts

Family and Domestic Records: Includes divorce, child custody, child support, alimony, and paternity cases.
Probate and Estate Files: Estate settlements, guardianship, conservatorships, and trust administration records.
Land and Equity Matters: Records of boundary disputes, land partitions, and other real property issues.
Mental Health Commitments: Records of involuntary civil commitments and mental health evaluations.

County Courts

Criminal Records

Misdemeanor charges
Preliminary hearings for felony charges
Criminal complaint filings
Warrants and arrest reports
Sentencing records and jail commitments

Civil Case Records

Civil complaints involving claims up to $200,000
Contract disputes, personal injury, and debt collection cases
Default judgments and civil settlements
Court-issued subpoenas and orders
Pretrial motions and verdicts

Juvenile Records

Petitions for delinquency or child in need of supervision (CHINS)

Mississippi Justice Courts

Criminal Records

Misdemeanor offenses
DUI (first offense)
Arrest warrants and probable cause affidavits
Guilty pleas, bench trial transcripts, and sentencing

Civil Case Records

Small claims involving disputes under $3,500
Claims for recovery of money, eviction, or return of personal property
Judgments, mediation outcomes, and garnishment orders

Traffic and Motor Vehicle Violations

Speeding tickets, reckless driving, and expired license
Dispositions, fines, and community service orders
Failure to appear (FTA) notices and license suspension requests

Preliminary Felony Hearings

Sworn affidavits of probable cause
Transcripts of probable cause hearings
Determination of bond and transfer to Circuit Court

Miscellaneous Records

Citations for violations of county ordinances
Public nuisance complaints and enforcement actions

Mississippi Municipal Courts

Criminal Records

Violations of municipal ordinances
City-level misdemeanor offenses
Arrest records, citations, and booking documents
Trial transcripts (if recorded), plea agreements, and fines

Traffic Offense Records

City-issued citations
DUI and careless driving cases within city limits
Traffic stop documentation, fines, and court orders

Preliminary Hearings

Initial felony case appearances
Probable cause determinations and bond setting

Administrative Violations

Noise ordinance violations, sanitation code issues
Animal control infractions and property maintenance complaints

Court Administration Records

Docket lists, court calendars, and case disposition sheets
Bench warrants and failure-to-appear records

Mississippi Youth Courts

Juvenile Delinquency Records

Petitions for offenses by minors
Detention records, intake reports, and probation summaries
Adjudication and disposition orders
Rehabilitation plans and service referrals

Child in Need of Supervision (CHINS)

Records of truancy, runaway behavior, and parental supervision concerns
Shelter care decisions and intervention plans

Child Abuse and Neglect Cases

DHS investigative reports
Petitions for custody or protective supervision
Guardianship or placement orders

Termination of Parental Rights (TPR)

Hearings and rulings on permanent severance of parental rights
DSS recommendations and psychological evaluations
Sealed rulings and appellate documents

Adoption Records

Final adoption decrees
Termination and surrender of parental rights documentation
Confidential records regarding adoptive families
Shelter and detention hearing results
Custody and placement orders
Court-supervised rehabilitation and probation outcomes

Are Mississippi Court Records Public?

In most instances, Mississippi court records are open to the public for inspection and copying under the provisions of the Mississippi Public Records Act. This law states that most records maintained by public bodies, including courts, are public property and must be made accessible to any person upon request, unless specifically exempted by law.

However, some records are not subject to public inspection. Examples include adoption filings, commitment filings, juvenile records, mental health records, grand jury proceedings, and victim information in sex-related crime records. In addition, Mississippi courts may order the sealing or expungement of certain records.

In Mississippi, courts may seal or expunge records to protect an individual's privacy, prevent undue harm to their reputation, or allow for rehabilitation without a lasting criminal record. Common reasons include cases involving juveniles, first-time non-violent offenders, or situations where charges were dismissed or the person was found not guilty.

How Do I Search Mississippi Court Records?

Mississippi court records are available to the public via online and offline methods. You may search Mississippi court records online via the following methods:

Mississippi Electronic Courts (MEC): The MEC system is the state's official online portal for accessing court records. It provides access to documents from participating trial courts, as well as the Mississippi Supreme Court and Court of Appeals. To use the MEC, you must register for an account and pay a $10 annual subscription fee. Once registered, you may search for cases by name or case number. Downloading a document on the MEC portal costs $0.20 per page.

Local Court Websites: Not all courts are participating in the MEC program. Some of these courts provide access to court case files and records online via their own websites. An example is the DeSoto County Justice Court, which provides a search tool that allows the public to search court records online.

Typically, you will need to provide information such as case ID or number, filing date, or party name when using any of these methods to search Mississippi court records.

How To Retrieve Court Records Offline

If you need a certified copy of a Mississippi court record, you must visit the court where the case was filed. Upon determining that the court maintains the record of the case, you may follow these steps:

Prepare a Written Request: Under the Mississippi Public Records Act, you must submit a written request to access court records. Your request should include:

Your full name and contact information
A clear description of the record and specific details about the case, such as:

Names of the parties involved
Case number (if known)
Type of case
Approximate date of filing or hearing.

Visit the Clerk's Office: Go to the clerk's office of the identified court during regular business hours. Bring:

A valid photo ID
Your written request
Payment for any associated fees. While inspecting a record is free, non-certified copies of court records typically cost between $0.50 and $1 per page, and certification usually costs $5 per document.

Requests for standard copies are generally processed within 3-5 business days. However, requests for certified copies may take longer, typically 5-10 business days, depending on the court's workload and the complexity of the request.

Can I Seal or Expunge a Mississippi Court Record?

Sealing a record restricts access to the criminal record, making it inaccessible to the general public but still available to certain entities, such as law enforcement and courts. On the other hand, expungement refers to the erasure of a criminal record, treating the offense as if it never occurred. However, certain nonpublic records may be retained by law enforcement agencies for specific purposes. Expungement in Mississippi is governed by Section 99-19-71 of the Mississippi Code Annotated.

Expungement in Mississippi depends on the type of record and whether other conditions, such as outstanding court requirements and waiting period, have been fulfilled. Expungement is available in Mississippi in the following cases:

Misdemeanor Convictions: First-time offenders convicted of a misdemeanor (excluding traffic violations) may petition for expungement. However, they must have completed all terms of the sentence, including payment of fines and restitution.
Felony Convictions: Individuals may seek expungement of one non-violent felony conviction. However, certain felonies are ineligible for expungement, including:

Crimes of violence
First-degree arson
Trafficking in controlled substances
Third or subsequent DUI offenses
Felon in possession of a firearm
Failure to register as a sex offender
Voyeurism
Witness intimidation
Abuse or exploitation of vulnerable persons
Embezzlement

Non-Conviction Cases: Arrests that did not result in charges or convictions, cases dismissed or dropped, and acquittals are generally eligible for expungement

Waiting periods include the following:

Misdemeanor Convictions: Up to two years in some cases.
Felony Convictions: A five-year waiting period after completing all sentence terms is required before petitioning for expungement.
First-Time DUI Convictions: Eligible for expungement five years after completing all sentence terms, provided specific conditions are met.
Non-Conviction Cases: Generally, no waiting period; petitions can be filed immediately after case dismissal or acquittal.

The expungement application process in Mississippi typically follows these steps:

Determine Eligibility: Review in detail Mississippi expungement laws to determine if you are eligible. Due to the complex and changing nature of expungement laws in the state, you may consult with an experienced expungement attorney in the state to verify your eligibility
Gather Necessary Documents: Obtain copies of the charging documents, sentencing orders, and proof of sentence completion from the court where the case was handled.
Prepare the Petition: Draft a petition for expungement or sealing, including affidavits attesting to good moral character and rehabilitation.
File the Petition: Submit the petition and supporting documents to the appropriate court where the conviction occurred. Pay the required filing fee. Per Section 99-17-92 of the Mississippi Code, expungement in the state will cost a minimum of $150.
Notify the District Attorney: Provide written notice to the district attorney at least 10 days before any scheduled hearing.
Attend the Hearing: Be prepared to present evidence of rehabilitation and answer any questions from the judge.
Await the Court's Decision: If the petition is granted, the court will issue an order for expungement or sealing. After, relevant agencies will be notified to update their records accordingly.

How To Search Federal Court Records in Mississippi

In Mississippi, records from the state's federal courts, that is, the United States District Court for the Northern or Southern District of Mississippi, are available to the public both online and in person. Federal courts differ from state courts in that they handle cases involving federal laws, including bankruptcy, civil rights claims, and federal criminal offenses.

To access federal court records online, you may use the Public Access to Court Electronic Records (PACER) system. This service allows users to view case files and dockets for a small fee of $0.10 per page, but requires users to create an account before accessing documents.

If you prefer to view records in person, you may visit the courthouse where the case was filed. Requests for physical records should be made at the office of the clerk in the federal courthouse where the case was filed. To help the court clerk locate the record, it is important to provide specific information such as the case number, names of the parties involved, the type of case, or the date it was filed.

How To Get Mississippi Court Records Online for Free?

The Mississippi Electronic Courts (MEC) system, which is the primary platform for accessing court records in the state, requires a $10 annual subscription fee. However, some counties offer free online access to their records via their own websites. An example is the DeSoto County Justice Court website. Also, several third-party websites, such as PeopleRecords.us, aggregate public records, including court information. Typically, these platforms offer free basic searches, allowing users to access court records, including Mississippi court records, online for free.