Hancock County Expungement Lawyer

Hancock County Expungement Attorney

If you have a criminal record in Mississippi, you know how it can impact your life. Even a single mistake from long ago can impact your ability to get a job, find housing, or pursue an education. A Hancock County expungement lawyer at Miller Law Offices can help you get a second chance through the expungement process. We can help you understand your rights and work to protect your future.

What Is Expungement?

Expungement is the legal process of sealing a criminal record from the public. It’s important to note that an expunged record is not entirely destroyed, however. Law enforcement agencies and certain government bodies may still have access to it, especially if you receive further criminal charges. For background checks for practical purposes, such as applying for a job or renting an apartment, the criminal record will not show up.

Mississippi Expungement Laws

Mississippi has specific laws that govern who can have their criminal records expunged and under what circumstances. Mississippi Code Section 99-19-71 outlines the statutes surrounding expungement law. Some key points include:

• Certain first-time misdemeanors, including a first-time DUI conviction, and some felonies are eligible for expungement.
• Only particular types of convictions qualify for expungement.
• There are waiting periods that must be considered before your record is expunged.
• A person must have completed all terms of their sentence, including payment of all fines, before filing for expungement.
• You can only have one felony conviction expunged under most circumstances.

Mississippi passed 22 new expungement bills in 2021 and approved 8,875 expungement cases. It’s crucial to stay current on changing laws if your future could be impacted by your criminal record. These laws are subject to frequent review, with 25 of 50 states passing new expungement laws as of 2021.

Kyle Miller

Call For A Consultation
(228) 762-8912

Contact Kyle

The Expungement Process Explained

The steps toward pursuing an expungement in Mississippi include:

• Determining eligibility. The team at Miller Law Offices can review your criminal history and determine if your charge qualifies for expungement under state law.
• Gathering documentation. You’ll need documents that include court records, sentencing papers, and any evidence that you have completed all required penalties, such as probation and the payment of fines.
• Filing a petition. We can help you file a formal petition for expungement at the court where you were convicted, such as the Hancock County Municipal Court in Bay Saint Louis.
• Notify the prosecutor. The district attorney’s office has the right to contest your expungement. This might involve attending a court hearing before a judge. Both sides can present their arguments, and we can fight to defend your right to expungement.
• Enforcing the court’s order. Once granted, the order is sent to relevant agencies to remove or seal your records. We can ensure all agencies comply with the order.

Expungement of Misdemeanors in Hancock County

In Mississippi, many misdemeanor offenses are eligible for expungement, especially for first-time offenders. Some misdemeanors that may be expunged include:

• Shoplifting
• Public intoxication
• Disorderly conduct
• Minor drug offenses
• Simple assault
• Trespassing

Generally, a person can expunge a misdemeanor conviction if they do not have any other convictions on their record. Five years must have passed since the successful completion of all conditions of the sentence, including the payment of fines and restitution.

For arrests that did not result in a conviction, expungement may be available immediately after the case has been resolved.

Expungement of Felonies in Hancock County

Felony convictions are much more serious. Therefore, Mississippi law places stricter limitations on their expungement, but it is not impossible for success.

Felonies that may be eligible for expungement include:

• Larceny
• Drug possession
• Malicious mischief
• Certain white-collar crimes

Only one felony can be expunged, and at least five years must have passed since you completed the requirements of your sentencing. The Hancock County expungement lawyers at Miller Law Offices can help you determine if your felony may be eligible for expungement. We can review your case and help you understand your legal options.

FAQs

Q: Can I Look Up My Expunged Record in Mississippi?

A: You cannot look up your expunged record through any public system in Mississippi. Once a record is expunged in Mississippi, it is sealed from public access and no longer visible through standard criminal background searches. Certain government agencies, courts, and law enforcement may still access the record under certain circumstances. If you need clarification that your expungement was successful, you can request a certified copy of the court order.

Q: How Do You Get a Pardon in Mississippi?

A: To receive a pardon in Mississippi, you must apply through the Governor’s office at 550 High St. in Jackson, MS. Governor Reeves has the exclusive authority to grant pardons in the state. The process begins with submitting a formal application, which includes personal information, a statement of remorse, and documentation of rehabilitation. Letters of recommendation and evidence of good conduct can strengthen your case. There is no guaranteed timeline, and the Governor is not obligated to respond to your petition.

Q: How Far Back Does a Criminal Background Check Go in Mississippi?

A: In Hancock County, Mississippi, criminal background checks typically cover a person’s entire adult criminal history, no matter how far back the offenses occurred. There is no statutory limit on how far back a background check can go. Employers, landlords, and licensing boards may use comprehensive background checks unless restricted by federal or state regulations. Expungement is the main option for ensuring old records do not appear when a background check is conducted.

Q: How Long Does It Take for an Expungement To Clear?

A: The expungement process in Mississippi can take several weeks to several months to complete. Once a petition is filed, it typically takes 30-90 days for the court to review and rule on the request. It depends on the court’s schedule and the complexity of the case. After the judge grants the expungement, it may take additional time for the record to be updated in the criminal databases.

Contact a Hancock County Expungement Lawyer Today

Clearing your record for new opportunities can give you peace of mind. However, expungement requires careful preparation and persuasive arguments before the prosecution. The team at Miller Law Offices holds a thorough understanding of Mississippi law and can work hard to improve your chances of success. Contact us today to schedule a consultation.

See Related Posts:

• First Offense DUI Mississippi: Penalties and Defense Strategies
• How To Expunge a DUI in Mississippi?
• Is Your License Suspended Immediately After a DUI in Mississippi?