Q What fees may a circuit clerk charge upon the filing of a petition for expungement pursuant to Sections 99-19-71, 9-23-23, 41-29-150 and 99-15-26?

A Section 99-19-72 requires the circuit clerk to collect a $150.00 filing fee upon the filing of a petition for expungement pursuant to Section 99-19-71. With respect to Section 9-23-23, which pertains to drug courts, expungement is automatic upon completion of the courtís requirements, thus no petition is filed, and there is no filing fee. Under Sections 41-29-150 and 99-15-26, the $85.00 filing fee pursuant to Section 25-7-13(1)(a)
would only be collected if the application for expungement is filed as a new case. If the new document is filed as part of the original case, the $85.00 fee would not be applicable. (Attorney Generalís Opinion to French dated July 1, 2011)