Expungement of Criminal Record in Mississippi

The arrest and conviction of a crime has a continuing negative effect on an individual’s record. For instance, employers and professional schools (i.e. medical, legal, accounting and nursing) all make decisions on whether to hire or admit a candidate, in part or in whole, on the basis of their criminal history.

Moreover, a criminal history may prevent you from receiving a loan, leasing an apartment, holding a professional license, voting and even purchasing a firearm.

In Mississippi, it is possible to expunge a record of misdemeanor and some felony convictions. First, an arrest record can be expunged in Mississippi if the charges were remanded, nonadjudicated, dismissed or resolved through pretrial diversion. Many individuals arrested for crimes are not convicted and charges may be dismissed at the request of the defendant, prosecutor, police or victim. Convictions are also avoided when the Defendant is acquitted at trial.

Moreover, misdemeanor and some felony convictions may be expunged if certain conditions are present. However, the Court will not automatically expunge a criminal record. It is necessary to retain an expungement lawyer to prepare a petition for expungement and obtain an Order from the Court to expunging the crime from your record.

As an experienced expungement attorneys in Mississippi, we will be on your side to navigate the complex issues of expungement of misdemeanor and felony convictions, and offer direct, meaningful legal advice designed to achieve your desired results.

Should you need professional, aggressive representation to expunge your criminal record, please contact our firm, The Trout Law Firm, PLLC. 662.507.4304

Expungement Information Center

  • In today’s world, almost all potential employers conduct a background check as part of interviewing candidates. Convictions for small misdemeanor charges/convictions such as Minor in Possession of Alcohol, Possession of False Identification, Public Drunknesses and Drug offenses can pop up in a background check and cause you not to get the job. The same can be said for college students looking to be accepted into graduate schools.

    If you have previously been charged or convicted of a misdemeanor crime and now want to completely remove any record of the charge, arrest, or conviction from your record – an expungement can be the answer. While not every criminal charge can be expunged, many can be so we are glad to discuss your options with you at your convenience; contact us to schedule a consultation.

  • Expungement is the process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges. In Oxford, this typically requires a one (1) year waiting period if you have been found guilty of a crime, full payment of fines, completion of any court orders and not violating the laws of the State of Mississippi. Successful expungements will result in never having to disclose facts relating to an arrest. Charges that have been dismissed can be expunged immediately. A big misconception is that once a charge is “dropped” or dismissed that it is no longer on your record. Nothing could be further from the truth. There is still record of your arrest and/or charges with a number of agencies. The only way to clear the entire incident is to hire a lawyer to expunge it.

    The expungement statute in summary states:

    IT IS FURTHER ORDERED that this shall restore Petitioner, in contemplation of the law, to the status she occupied before such arrest. Petitioner shall not be held thereafter under any provision of law to be guilty of perjury or to have otherwise given a false statement by reason of her failure to recite or acknowledge such arrest or conviction in response to any inquiry made of her for any purpose, except for the purpose of determining in any subsequent proceedings under this section, whether such person is a first offender.

  • While most traffic citations do not qualify to be expunged a new law that went in effect October 1, 2014 allows for DUI convictions to be expunged from your record.

    Most misdemeanors qualify for expungement. The most common expungement requests are:

    possession of marijuana

    minor in possession

    DUI’s*

    shoplifting

    public intoxication

    possession of paraphernalia

    disturbing the peace

    disorderly conduct

    fake identification

    simple assault

    petit larceny

    any charge that has been dismissed

    *As of October 1, 2014 DUI convictions can be expunged from your record as long as you meet several requirements which include:

    Five years have passed since successful completion of all terms and conditions imposed by the court.

    You did not refuse to take a Blood Alcohol Concentration (BAC) test or were not offered it.

    Your BAC registered below .16%.

    No prior DUI convictions.

    No pending DUI charges.

    Contact a Trout Law Firm, PLLC attorney to determine if your misdemeanor charge/conviction can be expunged from your record.

  • At The Trout Law Firm, PLLC, PLLC, we make sure that the following departments are notified of the expungement request:

    the court

    the arresting agency

    the detention center

    the Mississippi Crime Information Center

    the National Crime Information Center