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MISSISSIPPI EXPUNGEMENT LAW - Expungements, Certificates of Rehabilitation and Pardons - 8-16-20

Updated: Jan 19

Everyone makes mistakes. Some result in less than favorable information being included on one's background check/criminal record. Fortunately, laws in the State of Mississippi and the United States offer some relief - in the right circumstances.


EXPUNGEMENTS:


Pursuant to Mississippi law, 1st offender misdemeanors are generally eligible for expungement. This includes some first offense DUIs (but not traffic violations). David Lee Brewer has helped numerous clients obtain expungements of their misdemeanor convictions.


The following types of felonies ARE NOT eligible for expungement:

  • Crimes of Violence

  • Arson, First degree

  • Trafficking controlled substances

  • Third, fourth and subsequent DUI offenses

  • Felon in possession of firearm

  • Failure to register as a sex offender

  • Voyeurism

  • Witness intimidation- Crimes of Violence

The following felony convictions ARE ELIGIBLE for expungement:

  • Drug possession,

  • Larceny,

  • Bad check offenses,

  • False pretenses,

  • Shoplifting, and

  • Malicious mischief.

You must wait five years after completing the terms of your sentence. If you were under the age of 18, additional felonies may be expunged. If you have questions about a felony expungement, contact an experienced lawyer, David Lee Brewer, at 601-348-9212 for help.


“The effect of [an expungement] shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest. No person as to whom such order has been entered shall be held thereafter under any provision of law to be guilty of perjury or to have otherwise given a false statement by reason of his failure to recite or acknowledge such arrest or conviction in response to any inquiry made of him for any purpose, except for [a couple of little reasons]. Miss. Code Ann. § 99-19-71.


CERTIFICATES OF REHABILITATION:


Miss Code 97-37-5 makes it unlawful for a person convicted of a felony of this state "…to possess any firearm, or any bowie knife, butcher knife, switchblade knife, metallic knuckles, blackjack or any muffler or silencer."


In the case of a person with a felony that is not eligible for expungement, or the person has more than one felony, that person may still be able to own and possess a firearm in Mississippi through obtaining a Certificate of Rehabilitation.


A person may apply to the court in which he was convicted for a Certificate of Rehabilitation. The Judge has discretion in awarding this Certificate, and the petitioner must show that he has been rehabilitated and led a useful, productive and law-abiding life since the completion of his sentence. The Court must also find that the person will not be likely to act in a manner dangerous to public safety. David Lee Brewer can assist you in obtaining a Certificate of Rehabilitation. Call 601-348-9212.


PARDONS:


In the event that a crime does not qualify for an expungement or a Certificate of Rehabilitation, you may still be eligible for a pardon from the Governor (State Crimes) or the President of the United States (Federal Crimes). This firm can assist you in applying and obtaining a pardon. Call 601-348-9212.

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