Felony Expungement Rules…

FELONY EXPUNGEMENT

Many felony charges can also be expunged – even after a guilty plea or conviction.  And like misdemeanors, any felony charge that was dismissed, not prosecuted or in which you were found not guilty can be expunged.

Expungement of Certain Felonies

Mississippi law allows for the expungement of the following felony convictions:

  1. A bad check offense under Miss. Code Ann. § 97-19-55;
  2. Possession of a controlled substance or paraphernalia under Miss. Code Ann. § 41-29-139(c) or (d);
  3. False pretense under Miss. Code Ann. § 97-19-39;
  4. Larceny under Miss. Code Ann. § 97-17-41;
  5. Malicious mischief under Miss. Code Ann. § 97-17-67; or
  6. Shoplifting under Miss. Code Ann. § 97-23-93.

A person is only eligible to expunge one of the above felony convictions.  Further, any person convicted of one of the above felonies must wait 5 years from the successful completion of all terms and conditions of the sentence before expungement is available.  Miss. Code Ann. § 99-19-71(2)(a).

Mississippi allows for the expungement of additional felony convictions if committed while the person was under the age of twenty-one (21).  In these cases, any one felony conviction may be expunged 5 years after the successful completion of all terms and conditions of the sentence for the conviction. However, eligibility for an expungement under Miss. Code Ann. § 99-19-71(2)(b) does not apply to felonies classified as a crime of violence in Miss. Code Ann. §97-3-2 and any felony that, in the determination of the circuit court, is related to the distribution of a controlled substance and in the court’s discretion it should not be expunged.

The felonies considered crimes of violence include:

(a) Driving under the influence as provided in Sections 63-11-30(5) and 63-11-30(12)(d);

(b) Murder and attempted murder as provided in Sections 97-1-7(2), 97-3-19, 97-3-23 and 97-3-25;

(c) Aggravated assault as provided in Sections 97-3-7(2)(a) and (b) and 97-3-7(4)(a);

(d) Manslaughter as provided in Sections 97-3-27, 97-3-29, 97-3-31, 97-3-33, 97-3-35, 97-3-39, 97-3-41, 97-3-43, 97-3-45 and 97-3-47;

(e) Killing of an unborn child as provided in Sections 97-3-37(2)(a) and 97-3-37(2)(b);

(f) Kidnapping as provided in Section 97-3-53;

(g) Human trafficking as provided in Section 97-3-54.1;

(h) Poisoning as provided in Section 97-3-61;

(i) Rape as provided in Sections 97-3-65 and 97-3-71;

(j) Robbery as provided in Sections 97-3-73 and 97-3-79;

(k) Sexual battery as provided in Section 97-3-95;

(l) Drive-by shooting or bombing as provided in Section 97-3-109;

(m) Carjacking as provided in Section 97-3-117;

(n) Felonious neglect, abuse or battery of a child as provided in Section 97-5-39;

(o) Burglary of a dwelling as provided in Sections 97-17-23 and 97-17-37;

(p) Use of explosives or weapons of mass destruction as provided in Section 97-37-25;

(q) Statutory rape as provided in Section 97-3-65(1), but this classification is rebuttable on hearing by a judge;

(r) Exploitation of a child as provided in Section 97-5-33;

(s) Gratification of lust as provided in Section 97-5-23; and

(t) Shooting into a dwelling as provided in Section 97-37-29.