Expungement in Mississippi Cont'd

Continued from Expungement

Expungement of Misdemeanor Arrest and Conviction (§ 99-19 71)

You may request an expungement of your misdemeanor conviction in Mississippi if it was your first offense. It may even be possible to expunge (2) two first misdemeanor convictions if they occurred out of the same set of facts.

Mississippi Code 99-19-71(1) states that "any person who has been convicted of a misdemeanor [except a traffic violation] may petition [the court having jurisdiction over the case] for an order to expunge any such conviction from all public records. ..." The only requirement under this statute to get this expungement are that: (1) the conviction was a misdemeanor; and, (2) the conviction was the person's first offense.

To get a conviction expunged under this statute, you need to retain a Mississippi expungement lawyer or attorney. A Petition for Expungement must be filed. At the end of the process, should the judge find you have been “rehabilitated”, he will enter the expungement Order. After the order is served on the appropriate officials, your record will be completely wiped clean. All documents with your information relating to the conviction will be destroyed. In addition, any reference to your conviction in computerized databases will be deleted.

Expungement Record of Individual Completing Pre-Trial Diversion (PTI)

Pretrial diversion or pretrial intervention ("PTI") is a program where a person who has been charged with a crime can avoid a misdemeanor or felony conviction. Upon completion of a PTI program, the Court will enter an Order dismissing the criminal case. At this point, the individual will also qualify for expungement (§99-15-123 (3)) of any record of the charge. After the record is expunged, it will be like the arrest and charge never occurred.

Expungement of Felonies in Mississippi (99-19-71)

Mississippi has a new expungement law that now allows certain felony convictions to be expunged from a person's criminal record. The felony convictions that may be expunged from a person’s record in Mississippi include:

  1. (1) a bad check offense under Section 97-19-55;
  2. (2) possession of a controlled substance or paraphernalia under Section 41-29-139(c)(d);
  3. (3) false pretense under Section 97-19-39;
  4. (4) larceny under Section 97-17-41;
  5. (5) malicious mischief under Section 97-17-67; or
  6. (6) felony shoplifting under Section 97-23-93.

While this statue will allow an individual to expunge one felony conviction from their record, certain requirements must be met. For example, the person seeking to expunge the record must wait five (5) years after the successful completion of all terms and conditions of the sentence of conviction prior to seeking expungement of the record. Then, the individual through his attorney must file a Petition for Expungement with the Circuit Court in the jurisdiction where the conviction occurred and prove to the Court that the individual has been “rehabilitated.”