When can you file for an Expungement in Mississippi?

Whenever someone is arrested for a crime, this becomes a matter of public record. If they are convicted, this will stay on their record permanently unless they seek to have it expunged. An expungement is the legal process of destroying all official public records related to the arrest, indictment, trial, sentence and disposition of criminal cases. In order to obtain an expungement in Mississippi forms may be filled out and filed with the court. Whether the request will be granted is entirely up to the judge and is viewed as a privilege, not an individual right.

Expungement Eligibility in the Magnolia State

Under the laws in Mississippi, only certain types of records are eligible for expungement. These include some of the following:

• DUI convictions for minors
• First  time offender misdemeanor convictions (with the exception of any traffic violation)
• Any case involving an arrest without a conviction
• Cases where the charges were dismissed
• Individuals who have served their sentence or completed probation
• Felony charges may be expunged for false pretense, bad checks, shoplifting, larceny and malicious mischief, and possession of a controlled substance as of July 1, 2010

Defendants who are successful in getting their records expunged may get back all of their rights they previously lost due to their conviction.

When to Hire a Mississippi Criminal Defense Lawyer

In order to obtain an expungement of your criminal record in Mississippi is to hire a criminal defense attorney to file a petition with the court where you were convicted. A notice must be sent to the State District Attorney’s office at least ten days prior to the hearing. If the court finds that the individual has been rehabilitated, they will grant an order of expungement.