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Expungement Programs in Mississippi

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    Misdemeanor First Offense

    • According to Mississippi Code Section 99-19-71, anyone that has been convicted of a misdemeanor and is also a first offender may petition the court to have their record expunged. In some instances, such as first-time possession of marijuana, the expunging is automatic. Other, more serious offenses are expunged at the discretion of the court.

    Witholding Judgment

    • Mississippi Code Section 99-15-26 allows a defendant charged with a misdemeanor or felony that is not a crime against another person or fraud/embezzlement in public office to have their plea of guilty taken but judgment and sentence withheld in return for the completion of court-ordered conditions. In essence, this allows the defendant to avoid a conviction if they comply with the court-ordered conditions, such as community service work, counseling or payment of restitution.

    Drug Treatment

    • Under Mississippi Code Section 41-29-150, a defendant that has been charged with a controlled-substance offense may be able to have his conviction dismissed by successful completion of a period of probation that includes a drug-treatment program.

    Drug Court

    • Similar to the drug-treatment option, Mississippi Code Section 9-23-23 allows a defendant that has successfully completed the requirements of Drug Court to have the record of their conviction dismissed.

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