Montague, Pittman & Varnado, P.A.

MPV Law Blog

Mississippi’s New Expungement Law: How To Clear Your Record

Monday, September 8, 2014

More often than not, a person may face obstacles in gaining employment due to past DUI offense.  Individuals charged or convicted of driving under the influence in Mississippi may now be able to permanently expunge ("clear") their records if he or she meets certain requirements.  On April 11, 2013, Mississippi House Bill 481 was signed into law.  The new law allows the expungement of DUI records for first time offenders if they meet certain requirements.  To successfully expunge your record, an offender must petition the court in which he or she received the conviction.  The offender must show the court in his or her petition that he or she has met certain requirements set out by the law.  The requirements are:

1)  All conditions of offender's sentence have been completed;
2)  The conviction did not consist of a refusal of breath or blood test;
3)  The offender's blood alcohol level ("BAC") was below .16%;
4)  The offender has not been convicted or charged with a subsequent DUI; and
5)  The offender has justification for the expungement.

The new law took effect on July 1, 2014.  Interestingly, this law is retroactive in effect.  This means that all first offense DUI’s (even prior to July 1) are able to be expunged if they meet the aforementioned criteria.

Navigating the expungement process requires the expertise of an experienced attorney.  Montague, Pittman, and Varnado is a firm with an excellent reputation dating back to 1953.   If you need to expunge your DUI conviction for employment reasons, licensure requirements, or any other valid reason, please contact Montague, Pittman, and Varnado today.


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