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Expungement in Mississippi
September 8, 2014
In Mississippi, certain convictions can be expunged (erased from your record).
Miss. Code Ann. § 99-19-71(1) 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."
An expungement is extremely helpful in those situations where a criminal record prevents you from furthering your education or career. The expungement law does not mean you can break all the laws you want and then just petition the court and have your record cleared, but it is helpful for those individuals that were in the wrong place at the wrong time, or simply made a mistake. This is their second chance.
It is also not just for misdemeanors. The following felonies are expungeable as well:
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.
As you can see, an expungement does not include all crimes. But, if you have one of the convictions listed above, and have been on the straight and narrow for the last five years and successfully completed all the terms and conditions of your sentence for that conviction, the law allows you a second chance
In fact, once your conviction is expunged, the law says that:
"No person as to whom an expunction order has been entered shall be held thereafter under any provision of law to be guilty of perjury or to have otherwise given a false statement by reason of his failure to recite or acknowledge such arrest, indictment or conviction in response to any inquiry made of him for any purpose other than the purpose of determining, in any subsequent proceedings under this section, whether the person is a first offender."
Sound good? Give us a call and let us see if your conviction can be expunged. The process is much easier than you think. Our rates are reasonable and a clean record is priceless.
*You are only able to expunge ONE of the felonies on the above list. If you have two, you will not be able to expunge both of them. The law limits you to one. See Miss. Code Ann. § 99-19-71(2)(a) .