What is an Expungement?

An expungement removes all records related to your arrest, court proceedings, and sentence from public view. Once you successfully obtain an expungement, a potential employer, lender, landlord, or academic institution conducting a background check won’t be able to access any of that information. After an expungement, if asked about previous criminal records, you typically won’t need to reveal this information.

Any conviction for a first-time misdemeanor, except for a traffic violation, can be expunged. You might also qualify to expunge other misdemeanor convictions from your record. Certain felonies may also be expunged from your record after five years have passed since the conviction date, as long as your attorney can demonstrate to the court that you have been rehabilitated.

What Types of Records Can Be Expunged?

Two types of criminal records that can be expunged. The first includes records related to a charge against you that does not lead to a conviction, and the second consists of those related to a conviction. Even if a charge against you did not lead to a conviction, your arrest or citation records may still appear in a background check. If the case against you is dismissed, the charges are dropped, there is no disposition, or you are acquitted, you can petition the court to expunge any non-conviction records associated with your arrest or citation.

Can Your Misdemeanor Conviction be Expunged?

Yes, typically. A person charged with a person with no prior convictions can request the court to expunge that misdemeanor conviction. Even if you are not a first-time offender, you may still be eligible to expunge a conviction from a justice court or municipal court if you can demonstrate that you have been rehabilitated and have maintained good conduct for the last two years.

Can Your Felony Conviction be Expunged?

In Mississippi, a person can get one felony conviction expunged in their lifetime. The law requires a five-year waiting period that starts immediately after you complete your sentence for the conviction, including payment of all fines and fees. You must also be able to show the court that you are rehabilitated. Certain felony convictions cannot be expunged, including:

  • Crimes of Violence:
  • First Degree Arson
  • Drug Trafficking
  • Third or Subsequent DUI
  • Felon in Possession of a Firearm
  • Failure to Register as a Sex Offender
  • Voyeurism
  • Witness Intimidation
  • Abuse, Neglect, or Exploitation of a Vulnerable Person
  • Embezzlement

Other Specific Offenses

There are specific expungement rules for certain alcohol-related offenses. A person charged with or convicted of being a minor in possession of alcohol can expunge a conviction or dismissal one year after the final adjudication of the charge.

A first-time DUI conviction is eligible for expungement once the person completes the entire sentence and five years have passed. Expungement is not available if the person has a commercial driver’s license, refused to submit to a blood or breath test, tested at .16% BAC or above, or has pending DUI charges. Only one DUI expungement is allowed.

If a person successfully completes their sentence in a drug court, the judge must expunge their conviction.

How do I Get My Record Expunged?

Contact Tollison & Webb P.A. today at (662) 234-7070 to schedule a consultation to determine if you are eligible for expungement.