BRYANT CLARK LAW, PLLC

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WHAT IS AN EXPUNGEMENT?

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An expungement is a judicial process of sealing or clearing an arrest, conviction, and related records from public record. The purpose of an expungement is to allow a person to be restored to their legal status that he or she held prior to any arrest, indictment or conviction. The belief is once a person has paid their debt to society and has been rehabilitated they not have to deal with the burden their arrest or conviction.   Every state has laws that allow people to expunge arrests and convictions from their records. Mississippi laws allows for the following records to be expunged:

• Most Misdemeanor Convictions

• Most Felony Convictions 

• Arrest Records when there was no Conviction 

•  Arrest and the Charge was Dismissed

• First offense DUI Convictions

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The discussion about expungement has greatly increased in recent years due the increase in the use of criminal background checks. With the advancement of technology background check services are readily available.  A recent study found that over 96 percent of hiring businesses use background checks to prescreen employment candidates. In addition, background checks may be use for housing, banking, other financial services or even to do volunteer services. The harmful effects of a criminal record can now last a lifetime, unless the records are expunged

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​Expunging Felony Convictions 

In recent years Mississippi has made great strides in balancing the a person's right to have an expungement with the public's need to access criminal history. Prior to 2010, Mississippi law did not allow no felony convictions to be expunged with the exception of certain drug offenses.  In 2010 the legislature enacted the felony expungement law which allowed for the expungement of shoplifting, Malicious Mischief, Possession of Controlled Substances, Larceny, Bad Check and False Pretense.  In 2019, the was changed to allow for the expungement of one conviction from all public records five years after the successful completion of all terms and conditions of the sentence. Miss. Code. Section 99-19-71(2) (a). However, a person is not eligible to expunge a felony classified as:

            (i) A crime of violence as provided in Section 97-3-2;

            (ii) Arson, first degree as provided in Sections 97-17-1 and 97-17-3;

            (iii) Trafficking in controlled substances as provided in Section 41-29-139;

            (iv) A third, fourth or subsequent offense DUI as provided in Section 63-11-30(2)(c) and (2)(d);

            (v) Felon in possession of a firearm as provided in Section 97-37-5;

            (vi) Failure to register as a sex offender as provided in Section 45-33-33;

            (vii) Voyeurism as provided in Section 97-29-61;

            (viii) Witness intimidation as provided in Section 97-9-113;

            (ix) Abuse, neglect or exploitation of a vulnerable person as provided in Section 43-47- 19; or

            (x) Embezzlement as provided in Sections 97-11-25 and 97-23-19.

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​Are Misdemeanor Convictions Expungable?

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.

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First offense DUI Convictions

Mississippi law allows for some first DUI convictions can be expunged, if its 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

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How do I expunge my conviction?

The first step is to speak with an experience attorney to assist you in determining if you are eligible for an expungement The quickest and easiest way get started is to call us at (888) 702-6862 for a free phone consultation  or complete the form below.