Any person convicted of a first offense DUI under Miss. Code Ann. § 63-11-30(2) or (3), who was not the holder of a commercial driver’s license or commercial learning permit at the time of the offense, may petition the circuit court of the county of conviction for an order to expunge the record of the conviction, at least five (5) years after the successful completion of all terms and conditions of the sentence imposed if that person:
(i) has successfully completed all terms and conditions of the sentence imposed for the conviction;
(ii) did not refuse to submit to a test of his blood or breath;
(iii) had a blood alcohol concentration tested below sixteen one-hundredths percent (.16%) if test results are available;
(iv) has not been convicted of and does not have pending any other offense of driving under the influence;
(v) has provided the court with justification as to why the conviction should be expunged; and
(vi) has not previously had a non-adjudication or expunction of a violation of this section.
Upon petition to the Court, Mississippi law requires the Court to expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of the case. Miss. Code Ann. § 99-19-71(4).
Contact our Desoto County, Mississippi, office for help with an expungement.
