Expungement of a Felony in Mississippi
The opportunities to expunge a felony charge are somewhat limited in Mississippi, but it can be done if certain criteria are met. Please review these opportunities below, and if you have any questions do not hesitate to call or email The Guthrie Firm, PLLC for assistance.
Expungement of Certain Felony Convictions
In 2010, the Mississippi Legislature slightly expanded the opportunity to expunge certain felonies. The following offenses under the Mississippi Code are now eligible for expungement from your record:
- a bad check offense under Section 97-19-55;
- possession of a controlled substance or paraphernalia under Section 41-29-139(c) or (d);
- false pretense under Section 97-19-39;
- larceny under Section 97-17-41;
- malicious mischief under Section 97-17-67; or
- shoplifting under Section 97-23-93.
These offenses are eligible for expungement five years after you have completed all of the terms and conditions of the sentence (incarceration, probation, etc.), and you are only allowed to do this once.
Expungement of Certain Drug Offenses
If you have not been previously convicted of a drug-related offense, you may be eligible for expungement of certain drug possession and drug paraphernalia possession charges, after completion of a period of probation and rehabilitation ordered by the court.
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.”
Expungement due to Nonadjudication or Pretrial Intervention
As Clarence will explain to you, criminal cases may be resolved in many different ways, and often the nonadjudication or pretrial intervention programs, if they are available, are the best options for you. Learn more about nonadjudication in Mississippi, and pretrial intervention here. Once you successfully complete the terms and conditions of these programs, Mississippi law allows you to petition the court for expungement of the charges.
Call a Mississippi Criminal Attorney today to clear your Record
If we can assist you with an expungement, please contact us at at 601-991-1099 or toll-free at 866-991-1055. Feel free to email us as well if that is best for you.