What crimes are eligible for Expungement in Mississippi?
Any person who has been convicted of a misdemeanor, excluding a conviction for a traffic violation, and who is a first offender, may petition the justice, county, circuit or municipal court in which the conviction was had for an or to expunge such conviction from all public records.
In 2010, the Mississippi felony expungement law was enacted which allows six felony convictions to be expunged for first time offenders of the following felony convictions:
• Malicious mischief
• Possession of controlled substances (including marijuana or drug paraphernalia)
• Bad checks and
• False pretense
You are not eligible for expungement until five (5) years after you have completed all of the terms and conditions of the sentence (incarceration, fines, probation, etc.), and you are only allowed to do this once.
Expungement due to Dismissal of the Charge
Section 99-19-71(4) of the Mississippi Code states: “Upon petition therefor, a justice, county, circuit or municipal court [basically any judge or any court in Mississippi] shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.”
First offense DUI Convictions
Mississippi law allows for some first DUI convictions can be expunged, if it’s a FIRST OFFENSE DUI, the DUI CONVICTION must be PRIOR to the effective date of the new law (October 1, 2014) as well as five other requirements that must be met:
- All conditions of the sentence must have been successfully completed;
- Petitioner did not refuse a breath or blood test;
- Petitioner’s blood alcohol concentration must have been below (.16%) if test results are available;
- Petitioner has no subsequent DUI Conviction nor has a pending DUI charge; and
- Petitioner must provide justification for the expungement