How can I have this removed from my record?

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How can I have this removed from my record?

This is my 1st dui I completed the classes,
paid the fines..help

Asked on February 5, 2019 under Criminal Law, Mississippi

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In MS, you can get the conviction "expunged". An expungement allows someone to clear their criminal record and restore their driving record and criminal status to what it was prior to their arrest and conviction. Further, if the conviction was for a DUI, if a driver’s record is expunged, they do not have to admit to an arrest or conviction under any circumstances. That having been said, the state Criminal Information Center will retain this non-public information so that it will know how to proceed in the future if the driver is arrested a second time for DUI. The way to obtain an expungement is to petition the circuit court in the county of the conviction for an order to expunge.  You must ask for the expungement within 5 years from the date they have completed all sentencing requirements (i.e. payment of fines, alcohol classes, probation, etc.). That having been said, tthere are certain drivers who will not qualify for expungement. For example, commercial drivers/learning permit driver; drivers who did not successfully complete their sentencing requirements; drivers who refused to take the chemical test at the time of their arrest; drivers whose BAC was 0.16% or higher; drivers who have other pending DUI charges against them; drivers who have previous DUI convictions. At his point, you may want to consult directly with a local attorney who handles DUI cases for  further information.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In MS, you can get the conviction "expunged". An expungement allows someone to clear their criminal record and restore their driving record and criminal status to what it was prior to their arrest and conviction. Further, if the conviction was for a DUI, if a driver’s record is expunged, they do not have to admit to an arrest or conviction under any circumstances. That having been said, the state Criminal Information Center will retain this non-public information so that it will know how to proceed in the future if the driver is arrested a second time for DUI. The way to obtain an expungement is to petition the circuit court in the county of the conviction for an order to expunge.  You must ask for the expungement within 5 years from the date they have completed all sentencing requirements (i.e. payment of fines, alcohol classes, probation, etc.). That having been said, tthere are certain drivers who will not qualify for expungement. For example, commercial drivers/learning permit driver; drivers who did not successfully complete their sentencing requirements; drivers who refused to take the chemical test at the time of their arrest; drivers whose BAC was 0.16% or higher; drivers who have other pending DUI charges against them; drivers who have previous DUI convictions. At his point, you may want to consult directly with a local attorney who handles DUI cases for  further information.


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