Mississippi has greatly expanded the number of expungement eligible offenses. The expungement statute previously listed a handful of offenses that were eligible for expungement, whereas now it allows for expungements of all non-violent felonies with a few exceptions. The most common non-violent felonies that are not eligible for expungement are embezzlement, DUI, trafficking controlled substances and felon in possession of a firearm.
To be eligible for an expungement you must have completed all of the terms and condition of your sentence more than five years ago. This means you need to have completed probation more than 5 years. The expungement is discretionary, so you will need to petition a circuit court and that judge will have to agree to the expungement. This sometimes requires a hearing, but can be done without a hearing. You do not need to wait five years if you were not convicted but you would like to expunge the record of your arrest.
It is important to realize that even if your case was dismissed, there will still be a record of your arrest. Many pretrial programs result in an order of dismissal after their successful completion but this does not impact your criminal record. If your case was dismissed and you want to expunge the arrest record, you are entitled to do that. This means that the court cannot tell you no, but you are required to submit the petition and get a court ordered.
Call today to discuss you criminal record and what can be done to clean it up.