Skip to Content
Vollor Law Firm, P.A. Vollor Law Firm, P.A.
Hablamos Español 662-269-6188
Top

What is Expungement and How Can It Help You?

Man Standing on Mountaintop

What Is Expungement and How Can It Help You?

If you've been arrested or convicted of a crime in the past, you might feel like that record will always be a shadow over your future. Fortunately, there may be an option for you to clear your record and move forward with a fresh start: expungement.

In this blog post, we'll explain what expungement is under Mississippi Law, who is eligible, and how the process works.  If you're considering expungement as an option, we hope this guide will help you understand the potential benefits and how to get started.

What is Expungement?

Expungement is the legal process of removing certain criminal convictions from your criminal record.  When a record is expunged, it is essentially treated as though the offense never occurred.  Expungement can provide individuals with a significant opportunity to move on with their lives, as it clears their criminal record in the eyes of the law and often from public databases.

It's important to note that expungement is different from sealing or pardoning a criminal record.  While sealing may limit access to your record, it doesn't fully erase it.  A pardon, granted by a governor or the president, can forgive the crime but doesn't remove it from your record.  Expungement, on the other hand, can lead to your criminal record being erased entirely under qualifying circumstances.

Who Can Apply for Expungement in Mississippi?

In Mississippi, not everyone with a criminal record is eligible for expungement.  The state has specific guidelines regarding the type of offenses that can be expunged, as well as the requirements for eligibility.  Here are some key points:

  • Eligible Offenses: Expungement may be available for certain non-violent misdemeanors and some felonies, though violent crimes like murder, manslaughter, or sex offenses are generally not eligible for expungement. Common offenses eligible for expungement include:
    • Misdemeanors (such as simple drug possession. DUI, or theft).
    • Certain Felonies (such as drug possession, felony shoplifting, or burglary, if the offense is non-violent).
    • Dismissed Charges or cases where you were found not guilty.
    • Youthful Offenders: If you were convicted of a crime before turning 21, some offenses may be eligible for expungement.
  • Time Requirements: Mississippi law requires that you wait a certain period after completing your sentence before you can apply for expungement.  This waiting period varies depending on the type of offense.
  • Clean Record: You generally need to have maintained a clean record since the conviction, meaning no new arrests or convictions during the waiting period.
  • Successful Completion of Sentence: You must have completed all aspects of your sentence, including paying fines, serving probation, or completing community service, if applicable.

If you're unsure whether your offense qualifies for expungement, consulting with a legal professional is always a good step.

The Expungement Process in Mississippi

Expungement of a criminal record is not an automatic process-it involves a series of steps, and the rules can vary depending on your specific case.  Here's a general overview of how the process works:

  1. Eligibility Review: The first step is to determine if your offense is eligible for expungement.  This involves reviewing the details of your conviction and ensuring you meet all requirements, including the required waiting periods and the type of offense.
  2. Filing the Petition: If you qualify, your attorney will file a petition to expunge your record with the court that handled your case.  The petition will outline the details of your case and why you believe expungement is warranted.
  3. Submit Required Documents: Along with your petition, you may need to submit additional documentation, such as proof of completion of your sentence, a copy of your criminal record, and any other relevant documentation.  Your attorney can help gather and organize these documents.
  4. Court Hearing: In some cases, a court hearing may be required, where a judge will review your petition.  The prosecution may have an opportunity to object to your petition, but many expungement petitions are granted if the legal criteria are met.
  5. Judgement: If the judge agrees to expunge your record, an official order will be issued, and your criminal record will be cleared.
  6. Notification: Once expungement is granted, various agencies, including police departments and court, will be notified to remove the record from public databases.

While the expungement process can take several months or longer, the benefits of having a criminal record erased can be well worth the effort.

Benefits of Expungement

Expungement can provide numerous benefits, including:

  • Improved Employment Opportunities: Many employers conduct background checks, and an expunged record means you can legally say you have no criminal record, improving your chances of securing employment.
  • Better Housing Options: Landlords often run background checks as part of the rental process.  An expunged record can help you qualify for better housing opportunities.
  • Restoration of Rights: Expungement can restore certain civil rights, such as the ability to vote or possess firearms (depending on the jurisdiction and type of offense).
  • Peace of Mind: Having your criminal record expunged can offer you peace of mind, knowing that past mistakes no longer haunt you, allowing you to fully embrace opportunities.

Challenges and Considerations

While expungement offers numerous advantages, the process can be complex and may not be available for everyone.  There are certain challenges to consider:

  • Legal Complexities: The eligibility requirements and paperwork can be difficult to navigate without legal assistance.  It's often advisable to consult with a lawyer to ensure your petition is handled correctly.
  • Objecting Prosecutors: In some cases, the prosecution may object to an expungement petition.  Your attorney can help you prepare for this situation and argue your case effectively.
  • Time and Costs: Expungement can take several months, and there may be associated filing fees or costs.  However, these expenses are often worth the investment in your future.

Conclusion

Expungement offers a powerful opportunity for individuals to clear their criminal records and reclaim their lives.  If you meet the eligibility criteria, expunging your record can help improve your employment prospects, restore your rights, and allow you to put past mistakes behind you.

If you or a loved one are considering expungement, it's important to understand the process and whether or not you qualify.  At Vollor Law Firm, P.A., we have the knowledge and experience to help you with the expungement process.  Don't let your past hold you back from the future you deserve.  Contact us today to schedule a consultation.