Expungements

Don’t let your past affect your present or future. The topic of expungements has often included false information regarding what can be expunged, when it can be expunged, and most importantly, the cost of expunging your record. First and foremost, expungements are not DIY-friendly. All expungements require formal petitions to a court, which may require an in-person court appearance. Further, many courts, if not all court, will require a proposed order for the judge to sign granting your petition. These documents require certain information that if not done correctly, can have you wasting substantial time and money. The following is an overview of the law on expungements:

 

Felony Expungements:

If you were convicted of a felony crime, you may be eligible to expunge the felony conviction from all public records if:

  1. It has been five (5) years since you have successfully completed all of the terms and conditions of your sentence; and
  2. You were not convicted of a crime of violence; arson, first degree; trafficking in controlled substances; a third, fourth or subsequent offense DUI; felon in possession of a firearm; failure to register as a sex offender; voyeurism; witness intimidation; abuse, neglect or exploitation of a vulnerable person; or embezzlement; and
  3. You have not previously expunged a felony conviction off of your record.

If you were arrested for a felony charge but never convicted, you may be eligible to expunge your arrest from all public records if:

  1. The case was dismissed;
  2. The charges were dropped;
  3. There was no disposition of the case;
  4. You were found not guilty at trial;
  5. You received an Order of Nolle Prosequi;
  6. Your case was presented to the grand jury and the case was No Billed; or
  7. You were sentenced to Pre-Trial Diversion, Non-Adjudicated probation, or potentially Drug Court.

 

Misdemeanor Expungements:

If you were convicted of a misdemeanor crime, you may be eligible to expunge the misdemeanor conviction from all public records if you (1) are a first time offender and (2) your charge is not a traffic violation.

 

DUI Expungements:

If you were convicted of a first offense DUI and you do not have a commercial driver’s license, you may petition the court to expunge your record under the following conditions:

  1. There has been five (5) years since you successfully completed all terms and conditions imposed for the conviction;
  2. You did not refuse to submit to a blood or breath test;
  3. If test results are available, your BAC was less than .16%;
  4. You have no prior DUI convictions and no pending DUI arrests;
  5. You have justification as to why the charge should be expunged; and
  6. You have not previously had a non-adjudication sentence or expunction of a previous DUI.

 

Contact us:

If you have a prior conviction or arrest, contact the McCormick Law Firm today at our Pascagoula or Lucedale location to determine if you qualify for an expungement.