Every expungement case is different. Some pass automatically. Others demand a waiting period after the end of the sentence. Even then, different charges carry different waiting periods. With so many different variables, a lot of people are asking the same question: “Am I eligible for expungement?”
No Charge / No Conviction
If you were arrested for a misdemeanor in Mississippi but were not formally charged, you can petition for expungement one full year after an arrest. It’s important to remember that before your expungement, the arrest will still appear on a background check.
You can also petition for expungement in the event of case dismissal or acquittal. Under these circumstances, you still have to file a petition with the court. If your case does not result in a conviction, be sure to ask your attorney about record expungement. It could save you a lot of headaches later on.
Mississippi has special expungement laws for minors. If a minor’s case was dismissed, they could petition for expungement without any waiting period. Additionally, since 2013, Mississippi allows young people convicted of a felony to apply for expunction five years after the completion of the sentence. However, this only applies to non-violent felonies.
If your first brush with the law was a misdemeanor and did not involve a traffic violation, you can file a petition with the court to have the record removed. However, this requires that you finished your sentence, have waited one year and that you are demonstrably rehabilitated.
Felonies and More
These are only a tiny handful of the dozens of possible ways to qualify for expungement. Even certain felonies are eligible for expunction after a five-year waiting period. It’s not always clear cut, and it often depends on your previous record.
With so many different expunction rules, it’s best to go in prepared. An experienced expungement attorney can help determine your eligibility and prepare you for the petition process. If you’d like one of our attorneys to evaluation your expunction case, please don’t hesitate to call Vollor Law Firm, P.A. at (662) 269-6188 or send us an email.