Have you or your loved ones ever been arrested, convicted, charged with a crime, or been charged with a crime and had the charge dismissed or remanded? Under Mississippi law, the record of that arrest or charge may be expunged. The term “expungement” is just a fancy legal term that means “erasing” your criminal record. There are times in everyone’s life when they do things without thinking about future consequences, and those poor or silly choices can comes back to haunt them with a vengeance when they apply for schools, loans, or jobs. These mistakes are often just distant memories to the individual, but to a potential employer, Loan Company, or educational institution that runs a background check, they can be much more serious. And a criminal conviction will take away the right to vote in some instances, the right to hold office, the right to possess a weapon and go hunting.
Even if you are charged and do not get convicted, there is a haunting record of your arrest. Some people may ask, how is this possible? Didn’t the judge and prosecutor dismiss or drop the charges because you agreed to go to counseling, mandatory education classes, paid the fines, or you completed all the court asked so you would not have a criminal record? Although, the judge may have dismissed your case or the prosecutor dropped the charges, if you were ever arrested, your “arrest” is recorded and will show up in a background check unless you get it expunged. Having a criminal record is like having a dark shadow always following you. In today’s work climate, a person needs a record that is clean if he/she hopes not to start the job search ahead of the next person.
An expungement erases from your record all history of the arrest or conviction. When the attorneys at Khalaf & Nguyen, PLLC, Law Firm handle an expungement they personally make sure the Mississippi Criminal Information Center (MCIC) and all arresting agencies get a copy of the expungement. The MCIC then forwards the expungement to the F.B.I. and the National Criminal Information Center to clear the person’s record. In addition, at Khalaf & Nguyen, PLLC, Law Firm they are able to help you get your record erased from a dozen or more private companies that keep databases of arrests and convictions. As a result, an employer conducting a background check should not be able to locate your previous offense or arrest record since it has been expunged. Under Mississippi law, an expungement will restore a person to the same status before the arrest and charge. The person may not be found guilty of perjury for not mentioning the arrest or conviction.
Watch the video to hear Attorney Jad Jamal Khalaf explain the expungement process for a misdemeanor.
A first offense conviction can be expunged from a person’s record, pursuant to Miss. Code Ann. § 99-19-71(1).

If your case has been non-adjudicated, then you still have an arrest record, but you can have the arrest record expunged. Miss. Code Ann. § 99-19-71(4).
If your case has been dismissed or remanded, then you still have an arrest record, but you can have the arrest record expunged. Miss. Code Ann. § 99-19-71(4).
A conviction of DUI-1st will qualify if the person was not the holder of a commercial learning permit at the time of the offense or the holder of a commercial driver’s license at the time of the offense. A petition for expungement can be filed at least five years after the successful completion of all terms and conditions of the sentence imposed for the conviction. There are some additional restrictions in Miss. Code Ann. § 63-11-30(13).
Some felony convictions are eligible for an expunction. If eligible, five years after the successful completion of all terms and conditions of the sentence, a petition may be filed with the court in which the conviction was had for an order to expunge one conviction. There are some exceptions, such as a crime of violence and embezzlement. Miss. Code Ann. 99-19-71(2)
Watch the video as Attorney Jad Jamal Khalaf answers the question, “Can a Felony Conviction be Expunged?”
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Phone 601.688.8888 ~ 601.288.6763 Fax 844.350.8299
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