A past arrest or conviction doesn’t have to define your future. In Mississippi, state law allows many people with a criminal record to clear their name and move forward. Whether you were never convicted or you made a mistake years ago, expungement can give you a second chance.
At Ray & Perry, we help people across Mississippi clean up their records, reclaim opportunities, and take back control of their lives. Here’s what you need to know.
Cases You Can Expunge Without a Conviction
If your case didn’t end in a conviction, there’s a strong chance you can have it wiped from your record. This includes:
– Charges that were dropped or dismissed (also sometimes known as “nolle prosequi”)
– Cases where you were found not guilty at trial
– Pretrial diversion or intervention programs you completed successfully
– Arrests with no final outcome recorded
– Misdemeanor arrests with no prosecution within 12 months
– Arrests due to mistaken identity or identity theft
In many situations, there’s no mandatory waiting period after the case ends.
Misdemeanor Convictions That May Be Expunged
Mississippi law allows for expungement of certain misdemeanor convictions—especially if you were a first-time offender and have completed all sentence requirements.
Eligibility often includes:
– First-time misdemeanor offenses (excluding traffic violations, except for DUI in limited situations)
– Full completion of your sentence, including fines, probation, or community service
– A waiting period
– Rehabilitation and good conduct since your conviction
Some common misdemeanors that may qualify:
– Simple assault
– Petit larceny
– Shoplifting
– Trespassing
– Public intoxication
– Fake Identification
– Disorderly conduct
– Possession of paraphernalia
Expunging a First-Offense DUI
Yes, it’s possible—but only under very specific rules.
Under Mississippi Code § 63-11-30, a first-offense DUI may be expunged if:
– Five years have passed since completing all parts of your sentence
– You did not hold a commercial driver’s license (CDL)
– Your BAC was below 0.16%
– You did not refuse chemical testing
– You completed an alcohol safety education program
This is a one-shot opportunity. A second DUI or any subsequent conviction disqualifies you.
Other Scenarios Where Expungement May Apply
– Non-adjudicated charges: If the court withheld a conviction and you met the terms, you may be eligible.
– Minor in Possession (MIP): Youthful alcohol-related offenses may be easier to expunge after reaching a certain age.
How the Expungement Process Works in Mississippi
The process must be done carefully. Here’s how it typically works:
- Collect your records: Arrest records, case outcomes, proof of sentence completion.
- Draft a formal petition: Include all relevant facts, your eligibility, and cite the statute allowing expungement.
- File with the correct court: Usually the court where the case was handled.
- Prepare affidavits: Most courts want a statement from you and sometimes from people who can vouch for your character.
- Notify the prosecutor: They have the right to review and object.
- Pay a filing fee.
- Attend a hearing (if required): Some expungements are approved on paper; others go before a judge.
- Get the court order: Once signed, it directs certain government agencies to erase your public record.
Why You Should Work with an Attorney
Can you file for expungement on your own? Technically, yes. But one mistake can delay or derail the process. At Ray & Perry, we know what courts look for and how to avoid common missteps.
We can:
– Determine if you’re eligible before you file
– Gather and organize the right records
– Draft a clear, persuasive petition
– Represent you at hearings (if needed)
– Respond to any objections from the prosecution
The stakes are high. A clean record can open doors to jobs, housing, and peace of mind. Let us help you get it right the first time.
Ready for a Fresh Start? Let Ray & Perry Help
Whether your case was dismissed, you completed probation years ago, or you’re wondering if an old DUI can be cleared, our team is here for you.
We help people across Mississippi navigate the expungement process with clarity and confidence. Contact Ray & Perry today for a free, confidential consultation. We’ll review your case and help you take the next step toward a clean slate.
