Expunging a misdemeanor conviction
(*Submitted by Coxwell & Associate’s receptionist Linzy Rayfield)
For those not familiar with the term, “expunge” simply means to erase the record of the conviction. A typical request is to expunge a conviction for public drunk, minor in possession, possession of drugs or other paraphernalia or simple assault. People make the request for various reasons, but often they are concerned that their conviction will appear on a background check and may negatively impact their employment or professional licensing opportunities.Mississippi law allows the following, in pertinent part, relating to expunction of a misdemeanor conviction:
Any person who has been convicted of a misdemeanor, excluding a conviction for a traffic violation, and who is a first offender, may petition the…court…for an order to expunge any such conviction from all public records… The effect of such order 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…
If you have a misdemeanor conviction you should seriously consider having your record expunged. As you can see from the applicable law, an expunction acts to place you legally in the same position as if you had never been convicted. A first offender who has their record expunged may thereafter truthfully answer that they have never been convicted of a crime.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.