Human Trafficking Felonies Excluded from Expungement
Summary
Mississippi HB1546 amends Sections 99-19-71, 97-3-54.1, and 97-3-54.6 of the Mississippi Code to exclude felony violations of human trafficking and promoting/procuring prostitution from expungement eligibility. The law, signed by the Governor on March 30, 2026, also creates new protections for human trafficking victims, allowing them to petition for expungement of misdemeanor and nonviolent convictions resulting from their victimization.
What changed
Mississippi HB1546 makes substantive changes to state criminal procedure by amending Section 99-19-71 to prohibit expungement of felony crimes related to human trafficking, promoting prostitution, and procuring prostitution. The bill also amends Section 97-3-54.1 to clarify that minors cannot be held liable for nonviolent criminal activity occurring during their victimization as trafficking victims, and Section 97-3-54.6 to extend vacatur provisions to juvenile delinquency adjudications. Additionally, trafficking victims may now petition courts to expunge misdemeanor and nonviolent convictions that were a direct result of their victimization, and gain an affirmative defense to criminal charges that directly result from being trafficked.
Compliance officers in law enforcement and criminal defense should note that the law took effect upon the Governor's signature on March 30, 2026. Courts and prosecutors must now apply the new expungement restrictions for trafficking-related felonies while honoring the expanded vacatur and expungement rights granted to trafficking victims. Criminal defense attorneys should advise qualifying clients on their new ability to petition for expungement of victimization-related convictions.
What to do next
- Review client records to identify individuals who may qualify for expungement of victimization-related convictions under the new provisions
- Update court procedures to process vacatur requests for juvenile delinquency adjudications related to prostitution
- Advise trafficking victims of their new right to petition for expungement of misdemeanor and nonviolent convictions resulting from their victimization
Source document (simplified)
ChangeBridge / Mississippi / HB1546 Signed by Governor HB1546 House Bill Signed by Governor 2026-03-30
Human Trafficking; exclude from expungement felony violations of.
An Act To Amend Section 99-19-71, Mississippi Code Of 1972, To Revise Expunction Of Criminal Record By Reducing The Waiting Period For Eligibility; To Prohibit The Expungement Of The Felony Crimes Of Promoting Or Procuring Prostitution; To Amend Section 97-3-54.1, Mississippi Code Of 1972, To Clarify That Minors Are Not Liable For Nonviolent Criminal Activity That Takes Place During Victimization; To Amend Section 97-3-54.6, Mississippi Code Of 1972, To Provide That Vacatur Of Prostitution Convictions Also Applies To Adjudication Of Delinquency; To Provide That Victims Of Human Trafficking May Request The Court To Expunge Misdemeanor And Nonviolent Convictions That Were A Direct Result Of Their Victimization; To Provide An Affirmative Defense To Certain Criminal Charges That Directly Result From Trafficking A Victim; And For Related Purposes.
Bill Details
State Mississippi
Session 2026 Regular Session
Chamber House
Official Source billstatus.ls.state.ms.us/2026/pdf/history...
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Sponsors
Dana Underwood McLean (Rep - R) Jeff Hale (Rep - R)
Action History
2026-03-30 Approved by Governor 2026-03-24 S Enrolled Bill Signed 2026-03-23 H Enrolled Bill Signed 2026-03-18 H Concurred in Amend From Senate 2026-03-05 S Returned For Concurrence 2026-03-04 S Passed As Amended 2026-03-04 S Amended 2026-03-03 S Title Suff Do Pass As Amended 2026-02-17 S Referred To Judiciary, Division B 2026-02-12 H Transmitted To Senate 2026-02-11 H Passed 2026-02-11 H Committee Substitute Adopted 2026-02-03 H Title Suff Do Pass Comm Sub 2026-01-19 H Referred To Judiciary B
Votes
2026-02-11 House Passed Yea: 120 Nay: 0 2026-03-04 Senate Passed As Amended Yea: 50 Nay: 1 2026-03-18 House Concurred in Amend From Senate Yea: 110 Nay: 4
Committee Referrals
2026-01-19 H Judiciary B 2026-02-17 S Judiciary, Division B
Amendments
0000-00-00 Senate Committee Amendment No 1
Bill Text Versions
2026-01-21 Introduced 2026-02-03 Comm Sub 2026-02-12 Engrossed 2026-03-23 Enrolled Legislative data powered by LegiScan (CC BY 4.0)
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