You must meet certain conditions for expungement. Mississippi law sets out six (6) conditions which individuals must meet to qualify for an expungement in Mississippi:
- Did not refuse a blood, breath, or urine test;
- Your blood alcohol concentration was below .16% if tested;
- At the time of arrest, you were not the holder of a commercial driver’s license or a commercial learner’s permit;
- After your conviction, you completed all terms and conditions of the sentence imposed for the conviction;
- You have not been convicted of nor have any other driving under the influence charges pending; and
- You can show the court why the conviction should be expunged.
Breath Test Refusal
First, if you refused a blood, breath, or urine test at the time you were charged with the DUI in Mississippi you likely will not qualify for a DUI. Often when you are charged with a DUI and you refused a test, it is in your best interest to hire an attorney to file a petition contesting the breath test refusal. If you win at the breath test refusal hearing, you may still qualify for an expungement. Otherwise, you may not qualify for a DUI expungement down the road.
Blood Alcohol Content (BAC)
Second, when the arresting agency performed the alcohol-related tests, your blood alcohol concentration (BAC) could not test above 16% when they performed the test(s). Courts generally will not expunge a DUI where the blood alcohol concentration was more than double the legal limit. Therefore, it is recommended again you retain an attorney when you are first charged to represent you on your Mississippi DUI defense. Doing so could greatly help with your expungement later.
Commercial Driver’s License
Next, if you possessed a commercial driver’s license (CDL) when you received the DUI, then you will not qualify for expungement. Unfortunately, this is a hard and fast rule in Mississippi.
Complete Your Sentence And Pay The Fines
Further, you must complete all the terms and conditions of the sentence imposed for the conviction of the Mississippi DUI. This can include attending and completing the Mississippi Alcohol Safety Education Program (MASEP), attending a victim’s impact panel, paying all fines, completing all probation, and serving any jail time. You must complete all of the terms of your sentence and pay all fines before you can apply for a Mississippi DUI Expungement.
Do Not Get Any Other Driving Under The Influence Charges Or Convictions
Additionally, any convictions or pending charges can ruin your chances of an expungement. It’s extremely important to keep that in mind after you have received a DUI conviction.
- Differences in Conviction and Pending Charges
- Conviction = you were charged, tried, found guilty or plead guilty, and convicted of another driving under the influence crime.
- Pending Charges = you were charged, but have not resolved the charge. An example would be you are charged and waiting on your court date.
Show The Court Why Expungement Of The Conviction Is Proper
Lastly, the court will not grant an expungement for the sake of granting it. You show why the court the reason it should restore you to the legal position you held before your conviction.
A common way to show the court the conviction expungement is proper is to show you rehabilitation. Often showing you went on to obtain a career or completed school is a valuable way of showing rehabilitation. Every jurisdiction and judge looks at things a little differently though.