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Can I have a Mississippi DUI conviction expunged?

On Behalf of | Aug 4, 2021 | Criminal Defense |

Everyone makes mistakes. Getting a DUI does not mean you’re a bad person, nor does it mean you have to live with that mistake hovering over you for the rest of your life. In many cases, a DUI conviction can be legally expunged, essentially making things as if the conviction had never occurred.

What is expungement?

Expungement is a Mississippi remedy created by law for those convicted of certain crimes. Depending on the conviction and the circumstances, an individual may apply to the court and request that the conviction be removed from their criminal record. If the court grants the request, the conviction is deleted and no longer appears on their record.

DUI expungement requirements

First of all, expungement is only available for misdemeanor DUI convictions. Though Mississippi law allows a few felonies to be expunged, felony DUI is not among them. And whatever sentence or obligations were imposed by the court for a misdemeanor DUI conviction, they must all be completed. Once they have been, five years must pass before the application for expungement can entertained.

There are also some requirements for what occurred at the time of the DUI itself. You must not have refused to take a blood or breath test. If you were tested, your blood alcohol concentration needs to have been below .16%. And at the time, you must not have held a commercial driver’s license or learner’s permit.

Since the conviction, you must not have been convicted of a DUI again or have DUI charges currently pending against you. If you meet these requirements, and can show the court that it would be justified in granting your request, expungement may be a good option. Keep in mind, however, that Mississippi only allows for one DUI expungement for an individual. Expungement will not be permitted for any future offenses.