Expungement of a Misdemeanor in Mississippi
There are a number of ways under Mississippi law a misdemeanor charge may be expunged from your record. If you are eligible for expungement under any of these provisions you should get it done as soon as possible. A criminal record can delay or destroy your chances at employment, school opportunities, security clearances, professional licenses, and more. Take a look at the information below, and if you have any questions, or want to get it done right away, contact us at your convenience. We are here to help.
Expungement Under Mississippi’s “First Offender” Rule
Section 99-19-71 of the Mississippi Code states “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 order to expunge any such conviction from all public records.” Read it carefully. Traffic violations (speeding, failure to obey traffic signs and lights, and yes, DUI) are not eligible to be expunged under this rule.
Expungement in Municipal Court
The statute that provides for the operation of municipal courts in Mississippi has a provision that allows a municipal court judge to expunge any and all misdemeanors in that court after two years and upon a showing of rehabilitation and good conduct.
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 here, 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.
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.”