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Can I Expunge My Mississippi DUI Conviction?

Posted on : September 25, 2018, By:  J Brian Kelley

If you have already been convicted for DUI or if you have just been arrested and are concerned with the best way to prepare your case, one of the most common questions presented to criminal defense attorneys in Starkville is whether or not you can expunge a Mississippi DI conviction.

Expungement is a hot topic in the area of criminal law as many people are misinformed about the way that it works. Expungements are often not available for arrests and charges, rather an expungement can only come into play when a person has been found guilty and convicted of a crime. Even when you have been convicted of DUI in Mississippi, the very fact of having a DUI conviction on your record does not mean you are eligible for expungement.

An expungement is an official court process in which your conviction is sealed from federal and state criminal records or destroyed entirely. This gives reprieve to a person who is convicted by making it appear as though the conviction never happened. There are different expungement laws in every state and if you wish to meet the Mississippi requirements for expungement, you must meet a strict set of requirements.

Your conviction has to be a first offense and you cannot hold a learners permit or commercial driver’s license if you have been convicted of DUI in Mississippi and wish to expunge your record. You have to make your petition for an expungement at least five years following the completion of all conditions of your sentence. The court will only grant expungement to people whose blood alcohol content was below 0.16, who did not refuse a breathalyzer or blood test at the time of the arrest, who are not convicted of any other DUI offenses and who have appropriate justification for the conviction’s removal from your record. You will want to sit down with your criminal defense attorney in Starkville to discuss whether or not an expungement is available to you and how you need to best prepare to increase your chances of receiving the desired expungement.



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