Pass Christian Expungement Lawyer
Pass Christian Expungement Attorney
A criminal record can impact whether you get a job or the housing you want. Even a single mark on your criminal history can impact these opportunities. Fortunately, Mississippi offers a path to a clean slate through expungement. A Pass Christian expungement lawyer at Miller Law Offices is committed to helping individuals leave the past behind and reclaim their future.
What Is Expungement?
Expungement is a legal process of sealing or erasing criminal records from public view. When an offense has been expunged, it will not appear on a background check. You can also lawfully answer to the negative if someone asks you if you’ve ever been convicted of a crime.
Expunged records are not destroyed. They are removed from public databases, but may still be accessible to certain government agencies. This includes law enforcement, certain licensing boards, and courts.
In Mississippi, expungement may apply to:
- Arrests that did not result in a conviction
- Certain misdemeanor convictions
- Some non-violent felony convictions
- First-time offenses, including a first-time DUI conviction, under specific criteria
From 2021-2022, Mississippi approved 8,875 expungement requests.
Why Expungement Is Important for Your Future
Even minor marks on your criminal record can have a lasting impact on your future. Some of these consequences may include:
- Ineligibility for student loans or college admission
- Denied employment opportunities
- Rejected housing or apartment applications
- Denied professional licenses
Eligibility for Expungement in Mississippi
Expungement laws change frequently. In 2021 alone, Mississippi lawmakers proposed 22 new expungement bills. Currently, eligibility depends on the type of offense, the outcome of your case, and the amount of time that has passed since your charges. The team at Miller Law Offices can evaluate your case and determine whether you meet the necessary criteria for expungement.
The most common expungement opportunities include:
- Arrest without conviction. This could mean that the charges were dropped, dismissed, or you were found not guilty.
- Misdemeanor convictions. Most first-time misdemeanor convictions can be expunged under Mississippi law. Examples of misdemeanor convictions could be shoplifting, public intoxication, or trespassing. All sentencing requirements must have been met before you’re eligible to file, and five years must pass after the date of the conviction.
- Felony convictions. Certain non-violent felonies are eligible for expungement. These could include first-time drug possession or larceny. To qualify, you can’t have other felonies on your record. Also, five years must have passed since completing your sentence.
- Deferred adjudication or non-adjudication programs. If you completed a non-adjudication program successfully, you may be eligible for expungement.
Certain crimes, however, are ineligible for expungement in Mississippi. These include violent felonies, such as murder, manslaughter, or armed robbery. Sex crimes, felony DUI charges, and offenses involving minors are also ineligible for expungement. The law is complex, and there are exceptions that can apply to each case.
We offer a thorough review of your case and can help guide you through the expungement process.
The Expungement Process in Pass Christian
The expungement process begins with a consultation. Our Pass Christian expungement lawyers may ask you questions about your case and explain your legal options.
If you qualify, we can draft and file a formal petition for expungement with the court. The petition must be filed with the court that originally heard your case. For instance, many Pass Christian cases are heard at Pass Christian Municipal Court at 105 Hiern Avenue.
The court may then schedule a hearing. In this case, our team can represent you at the hearing and present a compelling argument to show why your petition should be granted. The prosecution or other law enforcement may be allowed to object.
If the court grants your request, the judge will issue an order of expungement. This order is sent to agencies, such as the Mississippi Department of Public Safety, local law enforcement, and court clerks and records offices. The public will no longer be able to access your criminal record.
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FAQs
Q: How Much Does an Expungement Lawyer Cost in Mississippi?
A: The cost of hiring an expungement lawyer in Mississippi varies based on the complexity of the case, the location, and the attorney’s experience handling these cases. Some attorneys charge flat fees, while others work on an hourly basis. In addition to attorney fees, there are also court filing costs to pay. Multiple charges can increase the costs.
Q: What Crimes Cannot Be Expunged in Mississippi?
A: Mississippi law does not allow expungement for certain serious crimes. These include violent felonies, such as murder, manslaughter, rape, armed robbery, and other certain sexual offenses. In addition, crimes involving child abuse, drug trafficking, or crimes against the state may not be expunged. While some non-violent felonies and misdemeanors can be expunged under the right circumstances, eligibility still depends on the exact charge and the outcome of that case.
Q: How Can I Get My Record Expunged in Mississippi?
A: To get your record expunged in Pass Christian, Mississippi, begin by determining if your offense is eligible under state law. You then file a petition for expungement with the Pass Christian Municipal Court on Hiern Avenue in Pass Christian. The process involves submitting legal documents, paying a filing fee, and possibly attending a hearing.
You may also need to demonstrate that you’ve completed all sentencing requirements. An expungement attorney can guide you through the process and increase your chances of success.
Q: What Is the Clean Slate Program in Mississippi?
A: Mississippi’s Clean Slate program helps eligible individuals clear their criminal records to remove barriers to employment, education, or housing. The initiative streamlines the expungement process by simplifying paperwork and helping people understand their rights. The program generally focuses on non-violent or low-level offenses, promoting second chances for individuals who have remained crime-free for a designated period.
Contact a Pass Christian Expungement Lawyer Today
Pass Christian was ranked the safest city in Mississippi, which means your criminal record may be more noticeable here. At Miller Law Offices, our Pass Christian expungement lawyers can help you make a fresh start. Whether you’re seeking better job opportunities or housing or just want some peace of mind, we can help determine if expungement is an option for you.
Contact us today to schedule a consultation so we can begin the process of clearing your record to protect your future plans.
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