Expungement of state criminal records; authorize in certain cases.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Barnett

SENATE BILL NO. 2675

AN ACT TO AMEND SECTIONS 9-23-23, 9-27-19, 21-23-7, 45-33-55, 1
99-19-71, 99-15-26, 99-15-57 AND 63-11-30, MISSISSIPPI CODE OF 2
1972, RELATING TO EXPUNGEMENT OF CONVICTION, TO PROVIDE THAT A 3
JUDGE SHALL EXPUNGE THE RECORD OF ANY CASE IN WHICH AN ARREST WAS 4
MADE AND THE PERSON WAS RELEASED AND THE CASE WAS DISMISSED, OR 5
THE CHARGES WERE DROPPED, THERE WAS NO DISPOSITION OF THE CASE, OR 6
THE PERSON WAS FOUND NOT GUILTY AT TRIAL; AND FOR RELATED 7
PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 9-23-23, Mississippi Code of 1972, is 10
amended as follows: 11
9-23-23. If the participant completes all requirements 12
imposed upon him by the intervention court, including the payment 13
of fines and fees assessed and not waived by the court, the charge 14
and prosecution shall be dismissed. If the defendant or 15
participant was sentenced at the time of entry of plea of guilty, 16
the successful completion of the intervention court order and 17
other requirements of probation or suspension of sentence will 18
result in the record of the criminal conviction or adjudication 19
being expunged. * * * 20
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A judge shall expunge the record of any case in which (a) an 21
arrest was made and the person arrested was released and the case 22
was dismissed or the charges were dropped; (b) there was no 23
disposition of such case; or (c) the person was found not guilty 24
at trial. 25
SECTION 2. Section 9-27-19, Mississippi Code of 1972, is 26
amended as follows: 27
9-27-19. If the participant completes all requirements 28
imposed by the mental health treatment court, the charge and 29
prosecution shall be dismissed. If the defendant was sentenced at 30
the time of entry of a plea of guilty, the successful completion 31
of the mental health treatment court order and other requirements 32
of probation or suspension of sentence will result in the record 33
of the criminal conviction or adjudication being expunged. * * * 34
A judge shall expunge the record of any case in which (a) an 35
arrest was made and the person arrested was released and the case 36
was dismissed or the charges were dropped; (b) there was no 37
disposition of such case; or (c) the person was found not guilty 38
at trial. 39
SECTION 3. Section 21-23-7, Mississippi Code of 1972, is 40
amended as follows: 41
21-23-7. (1) The municipal judge shall hold court in a 42
public building designated by the governing authorities of the 43
municipality, or may hold court in an adult detention center as 44
provided under this subsection, and may hold court every day 45
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except Sundays and legal holidays if the business of the 46
municipality so requires; provided, however, the municipal judge 47
may hold court outside the boundaries of the municipality but not 48
more than within a sixty-mile radius of the municipality to handle 49
preliminary matters and criminal matters such as initial 50
appearances and felony preliminary hearings. The municipal judge 51
may hold court outside the boundaries of the municipality but not 52
more than within a one-mile radius of the municipality for any 53
purpose; however, a municipal judge may hold court outside the 54
boundaries of the municipality more than within a one-mile radius 55
of the municipality when accepting a plea of a defendant at an 56
adult detention center within the county. The municipal judge 57
shall have the jurisdiction to hear and determine, without a jury 58
and without a record of the testimony, all cases charging 59
violations of the municipal ordinances and state misdemeanor laws 60
made offenses against the municipality and to punish offenders 61
therefor as may be prescribed by law. Except as otherwise 62
provided by law, criminal proceedings shall be brought by sworn 63
complaint filed in the municipal court. Such complaint shall 64
state the essential elements of the offense charged and the 65
statute or ordinance relied upon. Such complaint shall not be 66
required to conclude with a general averment that the offense is 67
against the peace and dignity of the state or in violation of the 68
ordinances of the municipality. He may sit as a committing court 69
in all felonies committed within the municipality, and he shall 70
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have the power to bind over the accused to the grand jury or to 71
appear before the proper court having jurisdiction to try the 72
same, and to set the amount of bail or refuse bail and commit the 73
accused to jail in cases not bailable. The municipal judge is a 74
conservator of the peace within his municipality. He may conduct 75
preliminary hearings in all violations of the criminal laws of 76
this state occurring within the municipality, and any person 77
arrested for a violation of law within the municipality may be 78
brought before him for initial appearance. The municipal court 79
shall have jurisdiction of any case remanded to it by a circuit 80
court grand jury. The municipal court shall have civil 81
jurisdiction over actions filed pursuant to and as provided in 82
Chapter 21, Title 93, * * * Mississippi Code of 1972, the 83
Protection from Domestic Abuse Act. 84
(2) In the discretion of the court, where the objects of 85
justice would be more likely met, as an alternative to imposition 86
or payment of fine and/or incarceration, the municipal judge shall 87
have the power to sentence convicted offenders to work on a public 88
service project where the court has established such a program of 89
public service by written guidelines filed with the clerk for 90
public record. Such programs shall provide for reasonable 91
supervision of the offender and the work shall be commensurate 92
with the fine and/or incarceration that would have ordinarily been 93
imposed. Such program of public service may be utilized in the 94
implementation of the provisions of Section 99-19-20, and public 95
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service work thereunder may be supervised by persons other than 96
the sheriff. 97
(3) The municipal judge may solemnize marriages, take oaths, 98
affidavits and acknowledgments, and issue orders, subpoenas, 99
summonses, citations, warrants for search and arrest upon a 100
finding of probable cause, and other such process under seal of 101
the court to any county or municipality, in a criminal case, to be 102
executed by the lawful authority of the county or the municipality 103
of the respondent, and enforce obedience thereto. The absence of 104
a seal shall not invalidate the process. 105
(4) When a person shall be charged with an offense in 106
municipal court punishable by confinement, the municipal judge, 107
being satisfied that such person is an indigent person and is 108
unable to employ counsel, may, in the discretion of the court, 109
appoint counsel from the membership of The Mississippi Bar 110
residing in his county who shall represent him. Compensation for 111
appointed counsel in criminal cases shall be approved and allowed 112
by the municipal judge and shall be paid by the municipality. The 113
maximum compensation shall not exceed Two Hundred Dollars 114
($200.00) for any one (1) case. The governing authorities of a 115
municipality may, in their discretion, appoint a public 116
defender(s) who must be a licensed attorney and who shall receive 117
a salary to be fixed by the governing authorities. 118
(5) The municipal judge of any municipality is hereby 119
authorized to suspend the sentence and to suspend the execution of 120
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the sentence, or any part thereof, on such terms as may be imposed 121
by the municipal judge. However, the suspension of imposition or 122
execution of a sentence hereunder may not be revoked after a 123
period of two (2) years. The municipal judge shall have the power 124
to establish and operate a probation program, dispute resolution 125
program and other practices or procedures appropriate to the 126
judiciary and designed to aid in the administration of justice. 127
Any such program shall be established by the court with written 128
policies and procedures filed with the clerk of the court for 129
public record. Subsequent to original sentencing, the municipal 130
judge, in misdemeanor cases, is hereby authorized to suspend 131
sentence and to suspend the execution of a sentence, or any part 132
thereof, on such terms as may be imposed by the municipal judge, 133
if (a) the judge or his or her predecessor was authorized to order 134
such suspension when the sentence was originally imposed; and (b) 135
such conviction (i) has not been appealed; or (ii) has been 136
appealed and the appeal has been voluntarily dismissed. 137
(6) Upon prior notice to the municipal prosecuting attorney 138
and upon a showing in open court of rehabilitation, good conduct 139
for a period of two (2) years since the last conviction in any 140
court and that the best interest of society would be served, the 141
court may, in its discretion, order the record of conviction of a 142
person of any or all misdemeanors in that court expunged, and upon 143
so doing the said person thereafter legally stands as though he 144
had never been convicted of the said misdemeanor(s) and may 145
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lawfully so respond to any query of prior convictions. This order 146
of expunction does not apply to the confidential records of law 147
enforcement agencies and has no effect on the driving record of a 148
person maintained under Title 63, Mississippi Code of 1972, or any 149
other provision of said Title 63. 150
(7) Notwithstanding the provisions of subsection (6) of this 151
section, a person who was convicted in municipal court of a 152
misdemeanor before reaching his twenty-third birthday, excluding 153
conviction for a traffic violation, and who is a first offender, 154
may utilize the provisions of Section 99-19-71, to expunge such 155
misdemeanor conviction. 156
(8) In the discretion of the court, a plea of nolo 157
contendere may be entered to any charge in municipal court. Upon 158
the entry of a plea of nolo contendere the court shall convict the 159
defendant of the offense charged and shall proceed to sentence the 160
defendant according to law. The judgment of the court shall 161
reflect that the conviction was on a plea of nolo contendere. An 162
appeal may be made from a conviction on a plea of nolo contendere 163
as in other cases. 164
(9) Upon execution of a sworn complaint charging a 165
misdemeanor, the municipal court may, in its discretion and in 166
lieu of an arrest warrant, issue a citation requiring the 167
appearance of the defendant to answer the charge made against him. 168
On default of appearance, an arrest warrant may be issued for the 169
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defendant. The clerk of the court or deputy clerk may issue such 170
citations. 171
(10) The municipal court shall have the power to make rules 172
for the administration of the court's business, which rules, if 173
any, shall be in writing filed with the clerk of the court and 174
shall include the enactment of rules related to the court's 175
authority to issue domestic abuse protection orders pursuant to 176
Section 93-21-1 et seq. 177
(11) The municipal court shall have the power to impose 178
punishment of a fine of not more than One Thousand Dollars 179
($1,000.00) or six (6) months imprisonment, or both, for contempt 180
of court. The municipal court may have the power to impose 181
reasonable costs of court, not in excess of the following: 182
Dismissal of any affidavit, complaint or charge 183
in municipal court........................................ $ 50.00 184
Suspension of a minor's driver's license in lieu of 185
conviction................................................ $ 50.00 186
Service of scire facias or return "not found"........ $ 20.00 187
Causing search warrant to issue or causing 188
prosecution without reasonable cause or refusing to 189
cooperate after initiating action......................... $ 100.00 190
Certified copy of the court record................... $ 5.00 191
Service of arrest warrant for failure to answer 192
citation or traffic summons............................... $ 25.00 193
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Jail cost per day - actual jail cost paid by the municipality 194
but not to exceed........................................ $ 35.00 195
Service of court documents related to the filing 196
of a petition or issuance of a protection from domestic 197
abuse order under Chapter 21, Title 93, * * * Mississippi Code of 198
1972 ..................................................... $ 25.00 199
Any other item of court cost......................... $ 50.00 200
No filing fee or such cost shall be imposed for the bringing 201
of an action in municipal court. 202
(12) A municipal court judge shall not dismiss a criminal 203
case but may transfer the case to the justice court of the county 204
if the municipal court judge is prohibited from presiding over the 205
case by the Canons of Judicial Conduct and provided that venue and 206
jurisdiction are proper in the justice court. Upon transfer of 207
any such case, the municipal court judge shall give the municipal 208
court clerk a written order to transmit the affidavit or complaint 209
and all other records and evidence in the court's possession to 210
the justice court by certified mail or to instruct the arresting 211
officer to deliver such documents and records to the justice 212
court. There shall be no court costs charged for the transfer of 213
the case to the justice court. 214
(13) As provided in this act, a municipal court judge shall 215
expunge the record of any case in which an arrest was made, the 216
person arrested was released and the case was dismissed or the 217
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charges were dropped, there was no disposition of such case or the 218
person was found not guilty at trial. 219
(14) For violations of municipal ordinances related to real 220
property, the municipal judge shall have the power to order a 221
defendant to remedy violations within a reasonable time period as 222
set by the judge, and at the discretion of the judge, the judge 223
may simultaneously authorize the municipality, at its request, the 224
option to remedy the violation itself, through the use of its own 225
employees or its contractors, without further notice should the 226
defendant fail to fully do so within the time period set by the 227
judge. Subsequent to the municipality remedying the violation, 228
the municipality may petition the court to assess documented 229
cleanup costs to the defendant, and, if, following a hearing on 230
such petition, the judge determines (a) the violations were not 231
remedied by the defendant within the time required by the court, 232
(b) that the municipality remedied the violation itself after such 233
time period expired and (c) that the costs incurred by the 234
municipality were reasonable, the court may assess the costs to 235
the defendant as a judgement, which may be enrolled in the office 236
of the circuit clerk. 237
SECTION 4. Section 45-33-55, Mississippi Code of 1972, is 238
amended as follows: 239
45-33-55. Notwithstanding the provisions of this act, except 240
for juvenile criminal history information that has been sealed by 241
order of the court, this chapter exempts sex offenses from laws of 242
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this state or court orders authorizing the destroying, expunging, 243
purging or sealing of criminal history records to the extent such 244
information is authorized for dissemination under this chapter. 245
SECTION 5. Section 99-19-71, Mississippi Code of 1972, is 246
amended as follows: 247
99-19-71. (1) Any person who has been convicted of a 248
misdemeanor that is not a traffic violation, and who is a first 249
offender, may petition the justice, county, circuit or municipal 250
court in which the conviction was had for an order to expunge any 251
such conviction from all public records. 252
(2) (a) Except as otherwise provided in this subsection, a 253
person who has been convicted of a felony and who has paid all 254
criminal fines and costs of court imposed in the sentence of 255
conviction may petition the court in which the conviction was had 256
for an order to expunge one (1) conviction from all public records 257
five (5) years after the successful completion of all terms and 258
conditions of the sentence for the conviction upon a hearing as 259
determined in the discretion of the court; however, a person is 260
not eligible to expunge a felony classified as: 261
(i) A crime of violence as provided in Section 262
97-3-2; 263
(ii) Arson, first degree as provided in Sections 264
97-17-1 and 97-17-3; 265
(iii) Trafficking in controlled substances as 266
provided in Section 41-29-139; 267
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(iv) A third, fourth or subsequent offense DUI as 268
provided in Section 63-11-30(2)(c) and (2)(d); 269
(v) Felon in possession of a firearm as provided 270
in Section 97-37-5; 271
(vi) Failure to register as a sex offender as 272
provided in Section 45-33-33; 273
(vii) Voyeurism as provided in Section 97-29-61; 274
(viii) Witness intimidation as provided in Section 275
97-9-113; 276
(ix) Abuse, neglect or exploitation of a 277
vulnerable person as provided in Section 43-47-19; or 278
(x) Embezzlement as provided in Sections 97-11-25 279
and 97-23-19. 280
A person is eligible for only one (1) felony expunction under 281
this paragraph. For the purposes of this section, the terms "one 282
(1) conviction" and "one (1) felony expunction" mean and include 283
all convictions that arose from a common nucleus of operative 284
facts as determined in the discretion of the court. 285
(b) The petitioner shall give ten (10) days' written 286
notice to the district attorney before any hearing on the 287
petition. In all cases, the court wherein the petition is filed 288
may grant the petition if the court determines, on the record or 289
in writing, that the applicant is rehabilitated from the offense 290
which is the subject of the petition. In those cases where the 291
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court denies the petition, the findings of the court in this 292
respect shall be identified specifically and not generally. 293
(3) Upon entering an order of expunction under this section, 294
a nonpublic record thereof shall be retained by the Mississippi 295
Criminal Information Center solely for the purpose of determining 296
whether, in subsequent proceedings, the person is a first 297
offender. The order of expunction shall not preclude a district 298
attorney's office from retaining a nonpublic record thereof for 299
law enforcement purposes only. The existence of an order of 300
expunction shall not preclude an employer from asking a 301
prospective employee if the employee has had an order of 302
expunction entered on his behalf. The effect of the expunction 303
order shall be to restore the person, in the contemplation of the 304
law, to the status he occupied before any arrest or indictment for 305
which convicted. No person as to whom an expunction order has 306
been entered shall be held thereafter under any provision of law 307
to be guilty of perjury or to have otherwise given a false 308
statement by reason of his failure to recite or acknowledge such 309
arrest, indictment or conviction in response to any inquiry made 310
of him for any purpose other than the purpose of determining, in 311
any subsequent proceedings under this section, whether the person 312
is a first offender. A person as to whom an order has been 313
entered, upon request, shall be required to advise the court, in 314
camera, of the previous conviction and expunction in any legal 315
proceeding wherein the person has been called as a prospective 316
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juror. The court shall thereafter and before the selection of the 317
jury advise the attorneys representing the parties of the previous 318
conviction and expunction. 319
(4) Upon petition therefor, a justice, county, circuit or 320
municipal court shall expunge the record of any case in which an 321
arrest was made, the person arrested was released and the case was 322
dismissed or the charges were dropped or there was no disposition 323
of such case, or the person was found not guilty at trial. 324
A judge shall expunge the record of any case in which (a) an 325
arrest was made and the person arrested was released and the case 326
was dismissed or the charges were dropped; (b) there was no 327
disposition of such case; or (c) the person was found not guilty 328
at trial. 329
(5) No public official is eligible for expunction under this 330
section for any conviction related to his official duties. 331
SECTION 6. Section 99-15-26, Mississippi Code of 1972, is 332
amended as follows: 333
99-15-26. (1) (a) In all criminal cases, felony and 334
misdemeanor, other than crimes against the person, a crime of 335
violence as defined in Section 97-3-2, a violation of Section 336
97-11-31, or crimes in which a person unlawfully takes, obtains or 337
misappropriates funds received by or entrusted to the person by 338
virtue of his or her public office or employment, the circuit or 339
county court shall be empowered, upon the entry of a plea of 340
guilty by a criminal defendant made on or after July 1, 2014, to 341
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withhold acceptance of the plea and sentence thereon pending 342
successful completion of such conditions as may be imposed by the 343
court pursuant to subsection (2) of this section. 344
(b) In all misdemeanor criminal cases, other than 345
crimes against the person, the justice or municipal court shall be 346
empowered, upon the entry of a plea of guilty by a criminal 347
defendant, to withhold acceptance of the plea and sentence thereon 348
pending successful completion of such conditions as may be imposed 349
by the court pursuant to subsection (2) of this section. 350
(c) Notwithstanding paragraph (a) of this subsection 351
(1), in all criminal cases charging a misdemeanor of domestic 352
violence as defined in Section 99-3-7(5), a circuit, county, 353
justice or municipal court shall be empowered, upon the entry of a 354
plea of guilty by the criminal defendant, to withhold acceptance 355
of the plea and sentence thereon pending successful completion of 356
such conditions as may be imposed by the court pursuant to 357
subsection (2) of this section. 358
(d) No person having previously qualified under the 359
provisions of this section shall be eligible to qualify for 360
release in accordance with this section for a repeat offense. A 361
person shall not be eligible to qualify for release in accordance 362
with this section if charged with the offense of trafficking of a 363
controlled substance as provided in Section 41-29-139(f) or if 364
charged with an offense under the Mississippi Implied Consent Law. 365
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Violations under the Mississippi Implied Consent Law can only be 366
nonadjudicated under the provisions of Section 63-11-30. 367
(2) (a) Conditions which the circuit, county, justice or 368
municipal court may impose under subsection (1) of this section 369
shall consist of: 370
(i) Reasonable restitution to the victim of the 371
crime. 372
(ii) Performance of not more than nine hundred 373
sixty (960) hours of public service work approved by the court. 374
(iii) Payment of a fine not to exceed the 375
statutory limit. 376
(iv) Successful completion of drug, alcohol, 377
psychological or psychiatric treatment, successful completion of a 378
program designed to bring about the cessation of domestic abuse, 379
or any combination thereof, if the court deems treatment 380
necessary. 381
(v) The circuit or county court, in its 382
discretion, may require the defendant to remain in the program 383
subject to good behavior for a period of time not to exceed five 384
(5) years. The justice or municipal court, in its discretion, may 385
require the defendant to remain in the program subject to good 386
behavior for a period of time not to exceed two (2) years. 387
(b) Conditions which the circuit or county court may 388
impose under subsection (1) of this section also include 389
successful completion of an effective evidence-based program or a 390
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properly controlled pilot study designed to contribute to the 391
evidence-based research literature on programs targeted at 392
reducing recidivism. Such program or pilot study may be community 393
based or institutionally based and should address risk factors 394
identified in a formal assessment of the offender's risks and 395
needs. 396
(3) When the court has imposed upon the defendant the 397
conditions set out in this section, the court shall release the 398
bail bond, if any. 399
(4) Upon successful completion of the court-imposed 400
conditions permitted by subsection (2) of this section, the court 401
shall direct that the cause be dismissed and the case be closed. 402
(5) As provided for in this act, upon petition therefor, the 403
court shall expunge the record of any case in which an arrest was 404
made, the person arrested was released and the case was dismissed 405
or the charges were dropped, there was no disposition of such 406
case, or the person was found not guilty at trial. 407
SECTION 7. Section 99-15-57, Mississippi Code of 1972, is 408
amended as follows: 409
99-15-57. (1) Any person who pled guilty within six (6) 410
months prior to March 31, 1983, and who would have otherwise been 411
eligible for the relief allowed in Section 99-15-26, may apply to 412
the court in which such person was sentenced for an order to 413
expunge from all official public records all recordation relating 414
to his arrest, indictment, trial, finding of guilty and sentence. 415
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If the court determines, after hearing, that such person has 416
satisfactorily served his sentence or period of probation and 417
parole, pled guilty within six (6) months prior to March 31, 1983, 418
and would have otherwise been eligible for the relief allowed in 419
Section 99-15-26, it may enter such order. The effect of such 420
order shall be to restore such person, in the contemplation of the 421
law, to the status he occupied before such arrest or indictment. 422
No person as to whom such order has been entered shall be held 423
thereafter under any provision of any law to be guilty of perjury 424
or otherwise giving a false statement by reason of his failures to 425
recite or acknowledge such arrest, or indictment or trial in 426
response to any inquiry made of him for any purpose. 427
(2) As provided for in this act, upon petition therefor, the 428
court shall expunge the record of any case in which an arrest was 429
made, the person arrested was released and the case was dismissed 430
or the charges were dropped, there was no disposition of such 431
case, or the person was found not guilty at trial. 432
SECTION 8. Section 63-11-30, Mississippi Code of 1972, is 433
amended as follows: 434
63-11-30. (1) It is unlawful for a person to drive or 435
otherwise operate a vehicle within this state if the person: 436
(a) Is under the influence of intoxicating liquor; 437
(b) Is under the influence of any other substance that 438
has impaired the person's ability to operate a motor vehicle; 439
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(c) Is under the influence of any drug or controlled 440
substance, the possession of which is unlawful under the 441
Mississippi Controlled Substances Law; or 442
(d) Has an alcohol concentration in the person's blood, 443
based upon grams of alcohol per one hundred (100) milliliters of 444
blood, or grams of alcohol per two hundred ten (210) liters of 445
breath, as shown by a chemical analysis of the person's breath, 446
blood or urine administered as authorized by this chapter, of: 447
(i) Eight one-hundredths percent (.08%) or more 448
for a person who is above the legal age to purchase alcoholic 449
beverages under state law; 450
(ii) Two one-hundredths percent (.02%) or more for 451
a person who is below the legal age to purchase alcoholic 452
beverages under state law; or 453
(iii) Four one-hundredths percent (.04%) or more 454
for a person operating a commercial motor vehicle. 455
(2) Except as otherwise provided in subsection (3) of this 456
section (Zero Tolerance for Minors): 457
(a) First offense DUI. (i) Upon conviction of any 458
person for the first offense of violating subsection (1) of this 459
section where chemical tests under Section 63-11-5 were given, or 460
where chemical test results are not available, the person shall be 461
fined not less than Two Hundred Fifty Dollars ($250.00) nor more 462
than One Thousand Dollars ($1,000.00), or imprisoned for not more 463
than forty-eight (48) hours in jail, or both; the court shall 464
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order the person to attend and complete an alcohol safety 465
education program as provided in Section 63-11-32 within six (6) 466
months of sentencing. The court may substitute attendance at a 467
victim impact panel instead of forty-eight (48) hours in jail. 468
(ii) Suspension of commercial driving privileges 469
is governed by Section 63-1-216. 470
(iii) A qualifying first offense may be 471
nonadjudicated by the court under subsection (14) of this section. 472
The holder of a commercial driver's license or a commercial 473
learning permit at the time of the offense is ineligible for 474
nonadjudication. 475
(iv) Eligibility for an interlock-restricted 476
license is governed by Section 63-11-31 and suspension of regular 477
driving privileges is governed by Section 63-11-23. 478
(b) Second offense DUI. (i) Upon any second 479
conviction of any person violating subsection (1) of this section, 480
the offenses being committed within a period of five (5) years, 481
the person shall be guilty of a misdemeanor, fined not less than 482
Six Hundred Dollars ($600.00) nor more than One Thousand Five 483
Hundred Dollars ($1,500.00), shall be imprisoned not less than 484
five (5) days nor more than six (6) months and sentenced to 485
community service work for not less than ten (10) days nor more 486
than six (6) months. The minimum penalties shall not be suspended 487
or reduced by the court and no prosecutor shall offer any 488
suspension or sentence reduction as part of a plea bargain. 489
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(ii) Suspension of commercial driving privileges 490
is governed by Section 63-1-216. 491
(iii) Eligibility for an interlock-restricted 492
license is governed by Section 63-11-31 and suspension of regular 493
driving privileges is governed by Section 63-11-23. 494
(c) Third offense DUI. (i) For a third conviction of 495
a person for violating subsection (1) of this section, the 496
offenses being committed within a period of five (5) years, the 497
person shall be guilty of a felony and fined not less than Two 498
Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars 499
($5,000.00), and shall serve not less than one (1) year nor more 500
than five (5) years in the custody of the Department of 501
Corrections. For any offense that does not result in serious 502
injury or death to any person, the sentence of incarceration may 503
be served in the county jail rather than in the State Penitentiary 504
at the discretion of the circuit court judge. The minimum 505
penalties shall not be suspended or reduced by the court and no 506
prosecutor shall offer any suspension or sentence reduction as 507
part of a plea bargain. 508
(ii) The suspension of commercial driving 509
privileges is governed by Section 63-1-216. 510
(iii) The suspension of regular driving privileges 511
is governed by Section 63-11-23. 512
(d) Fourth and subsequent offense DUI. (i) For any 513
fourth or subsequent conviction of a violation of subsection (1) 514
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of this section, without regard to the time period within which 515
the violations occurred, the person shall be guilty of a felony 516
and fined not less than Three Thousand Dollars ($3,000.00) nor 517
more than Ten Thousand Dollars ($10,000.00), and shall serve not 518
less than two (2) years nor more than ten (10) years in the 519
custody of the Department of Corrections. 520
(ii) The suspension of commercial driving 521
privileges is governed by Section 63-1-216. 522
(iii) A person convicted of a fourth or subsequent 523
offense is ineligible to exercise the privilege to operate a motor 524
vehicle that is not equipped with an ignition-interlock device for 525
ten (10) years. 526
(e) Any person convicted of a second or subsequent 527
violation of subsection (1) of this section shall receive an 528
in-depth diagnostic assessment, and if as a result of the 529
assessment is determined to be in need of treatment for alcohol or 530
drug abuse, the person must successfully complete treatment at a 531
program site certified by the Department of Mental Health. Each 532
person who receives a diagnostic assessment shall pay a fee 533
representing the cost of the assessment. Each person who 534
participates in a treatment program shall pay a fee representing 535
the cost of treatment. 536
(f) The use of ignition-interlock devices is governed 537
by Section 63-11-31. 538
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(3) Zero tolerance for minors. (a) This subsection shall 539
be known and may be cited as Zero Tolerance for Minors. The 540
provisions of this subsection shall apply only when a person under 541
the age of twenty-one (21) years has a blood alcohol concentration 542
of two one-hundredths percent (.02%) or more, but lower than eight 543
one-hundredths percent (.08%). If the person's blood alcohol 544
concentration is eight one-hundredths percent (.08%) or more, the 545
provisions of subsection (2) shall apply. 546
(b) (i) A person under the age of twenty-one (21) is 547
eligible for nonadjudication of a qualifying first offense by the 548
court pursuant to subsection (14) of this section. 549
(ii) Upon conviction of any person under the age 550
of twenty-one (21) years for the first offense of violating 551
subsection (1) of this section where chemical tests provided for 552
under Section 63-11-5 were given, or where chemical test results 553
are not available, the person shall be fined Two Hundred Fifty 554
Dollars ($250.00); the court shall order the person to attend and 555
complete an alcohol safety education program as provided in 556
Section 63-11-32 within six (6) months. The court may also 557
require attendance at a victim impact panel. 558
(c) A person under the age of twenty-one (21) years who 559
is convicted of a second violation of subsection (1) of this 560
section, the offenses being committed within a period of five (5) 561
years, shall be fined not more than Five Hundred Dollars 562
($500.00). 563
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(d) A person under the age of twenty-one (21) years who 564
is convicted of a third or subsequent violation of subsection (1) 565
of this section, the offenses being committed within a period of 566
five (5) years, shall be fined not more than One Thousand Dollars 567
($1,000.00). 568
(e) License suspension is governed by Section 63-11-23 569
and ignition interlock is governed by Section 63-11-31. 570
(f) Any person under the age of twenty-one (21) years 571
convicted of a third or subsequent violation of subsection (1) of 572
this section must complete treatment of an alcohol or drug abuse 573
program at a site certified by the Department of Mental Health. 574
(4) DUI test refusal. In addition to the other penalties 575
provided in this section, every person refusing a law enforcement 576
officer's request to submit to a chemical test of the person's 577
breath as provided in this chapter, or who was unconscious at the 578
time of a chemical test and refused to consent to the introduction 579
of the results of the test in any prosecution, shall suffer an 580
additional administrative suspension of driving privileges as set 581
forth in Section 63-11-23. 582
(5) Aggravated DUI. (a) (i) Except as otherwise provided 583
in subparagraph (ii) of this paragraph (a), every person who 584
operates any motor vehicle in violation of the provisions of 585
subsection (1) of this section and who in a negligent manner 586
causes the death of another or mutilates, disfigures, permanently 587
disables or destroys the tongue, eye, lip, nose or any other limb, 588
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organ or member of another shall, upon conviction, be guilty of a 589
separate felony for each victim who suffers death, mutilation, 590
disfigurement or other injury and shall be committed to the 591
custody of the State Department of Corrections for a period of 592
time of not less than five (5) years and not to exceed twenty-five 593
(25) years for each death, mutilation, disfigurement or other 594
injury, and the imprisonment for the second or each subsequent 595
conviction, in the discretion of the court, shall commence either 596
at the termination of the imprisonment for the preceding 597
conviction or run concurrently with the preceding conviction. Any 598
person charged with causing the death of another as described in 599
this subsection shall be required to post bail before being 600
released after arrest. 601
(ii) Every person who is below the legal age to 602
purchase alcoholic beverages under state law and has an alcohol 603
concentration in the person's blood, based upon grams of alcohol 604
per one hundred (100) milliliters of blood, or grams of alcohol 605
per two hundred ten (210) liters of breath, as shown by a chemical 606
analysis of the person's breath, blood or urine administered as 607
authorized by this chapter, of eight one-hundredths percent 608
(0.08%) or more and who in a negligent manner causes the death of 609
another or mutilates, disfigures, permanently disables or destroys 610
the tongue, eye, lip, nose or any other limb, organ or member of 611
another shall, upon conviction, be guilty of a separate felony for 612
each victim who suffers death, mutilation, disfigurement or other 613
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injury and shall be committed to the custody of the State 614
Department of Corrections for a period of time not less than five 615
(5) years and not to exceed twenty-five (25) years for each death, 616
mutilation, disfigurement or other injury, and the imprisonment 617
for the second or each subsequent conviction, in the discretion of 618
the court, shall commence either at the termination of the 619
imprisonment for the preceding conviction or run concurrently with 620
the preceding conviction. Any such person charged with causing 621
the death of another as described in this subparagraph shall be 622
required to post bail before being released after arrest. 623
(b) A holder of a commercial driver's license who is 624
convicted of operating a commercial motor vehicle with an alcohol 625
concentration of eight one-hundredths percent (.08%) or more shall 626
be guilty of a felony and shall be committed to the custody of the 627
Department of Corrections for not less than two (2) years and not 628
more than ten (10) years. 629
(c) The court shall order an ignition-interlock 630
restriction on the offender's privilege to drive as a condition of 631
probation or post-release supervision not to exceed five (5) years 632
unless a longer restriction is required under other law. The 633
ignition-interlock restriction shall not be applied to commercial 634
license privileges until the driver serves the full 635
disqualification period required by Section 63-1-216. 636
(6) DUI citations. (a) Upon conviction of a violation of 637
subsection (1) of this section, the trial judge shall sign in the 638
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place provided on the traffic ticket, citation or affidavit 639
stating that the person arrested either employed an attorney or 640
waived his right to an attorney after having been properly 641
advised. If the person arrested employed an attorney, the name, 642
address and telephone number of the attorney shall be written on 643
the ticket, citation or affidavit. The court clerk must 644
immediately send a copy of the traffic ticket, citation or 645
affidavit, and any other pertinent documents concerning the 646
conviction or other order of the court, to the Department of 647
Public Safety as provided in Section 63-11-37. 648
(b) A copy of the traffic ticket, citation or affidavit 649
and any other pertinent documents, having been attested as true 650
and correct by the Commissioner of Public Safety, or his designee, 651
shall be sufficient proof of the conviction for purposes of 652
determining the enhanced penalty for any subsequent convictions of 653
violations of subsection (1) of this section. The Department of 654
Public Safety shall maintain a central database for verification 655
of prior offenses and convictions. 656
(7) Out-of-state prior convictions. Convictions in another 657
state, territory or possession of the United States, or under the 658
law of a federally recognized Native American tribe, of violations 659
for driving or operating a vehicle while under the influence of an 660
intoxicating liquor or while under the influence of any other 661
substance that has impaired the person's ability to operate a 662
motor vehicle occurring within five (5) years before an offense 663
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shall be counted for the purposes of determining if a violation of 664
subsection (1) of this section is a second, third, fourth or 665
subsequent offense and the penalty that shall be imposed upon 666
conviction for a violation of subsection (1) of this section. 667
(8) Charging of subsequent offenses. (a) For the purposes 668
of determining how to impose the sentence for a second, third, 669
fourth or subsequent conviction under this section, the affidavit 670
or indictment shall not be required to enumerate previous 671
convictions. It shall only be necessary that the affidavit or 672
indictment states the number of times that the defendant has been 673
convicted and sentenced within the past five (5) years for a 674
second or third offense, or without a time limitation for a fourth 675
or subsequent offense, under this section to determine if an 676
enhanced penalty shall be imposed. The amount of fine and 677
imprisonment imposed in previous convictions shall not be 678
considered in calculating offenses to determine a second, third, 679
fourth or subsequent offense of this section. 680
(b) Before a defendant enters a plea of guilty to an 681
offense under this section, law enforcement must submit 682
certification to the prosecutor that the defendant's driving 683
record, the confidential registry and National Crime Information 684
Center record have been searched for all prior convictions, 685
nonadjudications, pretrial diversions and arrests for driving or 686
operating a vehicle while under the influence of an intoxicating 687
liquor or while under the influence of any other substance that 688
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has impaired the person's ability to operate a motor vehicle. The 689
results of the search must be included in the certification. 690
(9) License eligibility for underage offenders. A person 691
who is under the legal age to obtain a license to operate a motor 692
vehicle at the time of the offense and who is convicted under this 693
section shall not be eligible to receive a driver's license until 694
the person reaches the age of eighteen (18) years. 695
(10) License suspensions and restrictions to run 696
consecutively. Suspension or restriction of driving privileges 697
for any person convicted of or nonadjudicated for violations of 698
subsection (1) of this section shall run consecutively to and not 699
concurrently with any other administrative license suspension. 700
(11) Ignition interlock. If the court orders installation 701
and use of an ignition-interlock device as provided in Section 702
63-11-31 for every vehicle operated by a person convicted or 703
nonadjudicated under this section, each device shall be installed, 704
maintained and removed as provided in Section 63-11-31. 705
(12) DUI child endangerment. A person over the age of 706
twenty-one (21) who violates subsection (1) of this section while 707
transporting in a motor vehicle a child under the age of sixteen 708
(16) years is guilty of the separate offense of endangering a 709
child by driving under the influence of alcohol or any other 710
substance which has impaired the person's ability to operate a 711
motor vehicle. The offense of endangering a child by driving 712
under the influence of alcohol or any other substance which has 713
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impaired the person's ability to operate a motor vehicle shall not 714
be merged with an offense of violating subsection (1) of this 715
section for the purposes of prosecution and sentencing. An 716
offender who is convicted of a violation of this subsection shall 717
be punished as follows: 718
(a) A person who commits a violation of this subsection 719
which does not result in the serious injury or death of a child 720
and which is a first conviction shall be guilty of a misdemeanor 721
and, upon conviction, shall be fined not more than One Thousand 722
Dollars ($1,000.00) or shall be imprisoned for not more than 723
twelve (12) months, or both; 724
(b) A person who commits a violation of this subsection 725
which does not result in the serious injury or death of a child 726
and which is a second conviction shall be guilty of a misdemeanor 727
and, upon conviction, shall be fined not less than One Thousand 728
Dollars ($1,000.00) nor more than Five Thousand Dollars 729
($5,000.00) or shall be imprisoned for one (1) year, or both; 730
(c) A person who commits a violation of this subsection 731
which does not result in the serious injury or death of a child 732
and which is a third or subsequent conviction shall be guilty of a 733
felony and, upon conviction, shall be fined not less than Ten 734
Thousand Dollars ($10,000.00) or shall be imprisoned for not less 735
than one (1) year nor more than five (5) years, or both; and 736
(d) A person who commits a violation of this subsection 737
which results in the serious injury or death of a child, without 738
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regard to whether the offense was a first, second, third or 739
subsequent offense, shall be guilty of a felony and, upon 740
conviction, shall be punished by a fine of not less than Ten 741
Thousand Dollars ($10,000.00) and shall be imprisoned for not less 742
than five (5) years nor more than twenty-five (25) years. 743
(13) Expunction. (a) Any person convicted under subsection 744
(2) or (3) of this section of a first offense of driving under the 745
influence and who was not the holder of a commercial driver's 746
license or a commercial learning permit at the time of the offense 747
may petition the circuit court of the county in which the 748
conviction was had for an order to expunge the record of the 749
conviction at least five (5) years after successful completion of 750
all terms and conditions of the sentence imposed for the 751
conviction. Expunction under this subsection will only be 752
available to a person: 753
(i) Who has successfully completed all terms and 754
conditions of the sentence imposed for the conviction; 755
(ii) Who did not refuse to submit to a test of his 756
blood or breath; 757
(iii) Whose blood alcohol concentration tested 758
below sixteen one-hundredths percent (.16%) if test results are 759
available; 760
(iv) Who has not been convicted of and does not 761
have pending any other offense of driving under the influence; 762
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(v) Who has provided the court with justification 763
as to why the conviction should be expunged; and 764
(vi) Who has not previously had a nonadjudication 765
or expunction of a violation of this section. 766
(b) A person is eligible for only one (1) expunction 767
under this subsection, and the Department of Public Safety shall 768
maintain a permanent confidential registry of all cases of 769
expunction under this subsection for the sole purpose of 770
determining a person's eligibility for expunction, for 771
nonadjudication, or as a first offender under this section. 772
(c) The court in its order of expunction shall state in 773
writing the justification for which the expunction was granted and 774
forward the order to the Department of Public Safety within five 775
(5) days of the entry of the order. 776
(14) Nonadjudication. (a) For the purposes of this 777
chapter, "nonadjudication" means that the court withholds 778
adjudication of guilt and sentencing, either at the conclusion of 779
a trial on the merits or upon the entry of a plea of guilt by a 780
defendant, and places the defendant in a nonadjudication program 781
conditioned upon the successful completion of the requirements 782
imposed by the court under this subsection. 783
(b) A person is eligible for nonadjudication of an 784
offense under this Section 63-11-30 only one (1) time under any 785
provision of a law that authorizes nonadjudication and only for an 786
offender: 787
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(i) Who has successfully completed all terms and 788
conditions imposed by the court after placement of the defendant 789
in a nonadjudication program; 790
(ii) Who was not the holder of a commercial 791
driver's license or a commercial learning permit at the time of 792
the offense; 793
(iii) Who has not previously been convicted of and 794
does not have pending any former or subsequent charges under this 795
section; and 796
(iv) Who has provided the court with justification 797
as to why nonadjudication is appropriate. 798
(c) Nonadjudication may be initiated upon the filing of 799
a petition for nonadjudication or at any stage of the proceedings 800
in the discretion of the court; the court may withhold 801
adjudication of guilt, defer sentencing, and upon the agreement of 802
the offender to participate in a nonadjudication program, enter an 803
order imposing requirements on the offender for a period of court 804
supervision before the order of nonadjudication is entered. 805
Failure to successfully complete a nonadjudication program 806
subjects the person to adjudication of the charges against him and 807
to imposition of all penalties previously withheld due to entrance 808
into a nonadjudication program. The court shall immediately 809
inform the commissioner of the conviction as required in Section 810
63-11-37. 811
(i) The court shall order the person to: 812
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1. Pay the nonadjudication fee imposed under 813
Section 63-11-31 if applicable; 814
2. Pay all fines, penalties and assessments 815
that would have been imposed for conviction; 816
3. Attend and complete an alcohol safety 817
education program as provided in Section 63-11-32 within six (6) 818
months of the date of the order; 819
4. a. If the court determines that the 820
person violated this section with respect to alcohol or 821
intoxicating liquor, the person must install an ignition-interlock 822
device on every motor vehicle operated by the person, obtain an 823
interlock-restricted license, and maintain that license for one 824
hundred twenty (120) days or suffer a one-hundred-twenty-day 825
suspension of the person's regular driver's license, during which 826
time the person must not operate any vehicle. 827
b. If the court determines that the 828
person violated this section by operating a vehicle when under the 829
influence of a substance other than alcohol that has impaired the 830
person's ability to operate a motor vehicle, including any drug or 831
controlled substance which is unlawful to possess under the 832
Mississippi Controlled Substances Law, the person must submit to a 833
one-hundred-twenty-day period of a nonadjudication program that 834
includes court-ordered drug testing at the person's own expense 835
not less often than every thirty (30) days, during which time the 836
person may drive if compliant with the terms of the program, or 837
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suffer a one-hundred-twenty-day suspension of the person's regular 838
driver's license, during which time the person will not operate 839
any vehicle. 840
(ii) Other conditions that may be imposed by the 841
court include, but are not limited to, alcohol or drug screening, 842
or both, proof that the person has not committed any other traffic 843
violations while under court supervision, proof of immobilization 844
or impoundment of vehicles owned by the offender if required, and 845
attendance at a victim-impact panel. 846
(d) The court may enter an order of nonadjudication 847
only if the court finds, after a hearing or after ex parte 848
examination of reliable documentation of compliance, that the 849
offender has successfully completed all conditions imposed by law 850
and previous orders of the court. The court shall retain 851
jurisdiction over cases involving nonadjudication for a period of 852
not more than two (2) years. 853
(e) (i) The clerk shall immediately forward a record 854
of every person placed in a nonadjudication program and of every 855
nonadjudication order to the Department of Public Safety for 856
inclusion in the permanent confidential registry of all cases that 857
are nonadjudicated under this subsection (14). 858
(ii) Judges, clerks and prosecutors involved in 859
the trial of implied consent violations and law enforcement 860
officers involved in the issuance of citations for implied consent 861
violations shall have secure online access to the confidential 862
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registry for the purpose of determining whether a person has 863
previously been the subject of a nonadjudicated case and 1. is 864
therefore ineligible for another nonadjudication; 2. is ineligible 865
as a first offender for a violation of this section; or 3. is 866
ineligible for expunction of a conviction of a violation of this 867
section. 868
(iii) The Driver Services Bureau of the department 869
shall have access to the confidential registry for the purpose of 870
determining whether a person is eligible for a form of license not 871
restricted to operating a vehicle equipped with an 872
ignition-interlock device. 873
(iv) The Mississippi Alcohol Safety Education 874
Program shall have secure online access to the confidential 875
registry for research purposes only. 876
(15) The provisions of this section are fully applicable to 877
any person who is under the influence of medical cannabis that is 878
lawful under the Mississippi Medical Cannabis Act and in 879
compliance with rules and regulations adopted thereunder which has 880
impaired the person's ability to operate a motor vehicle. 881
(16) A judge shall expunge the record of any case in which 882
(a) an arrest was made and the person arrested was released and 883
the case was dismissed or the charges were dropped; (b) there was 884
no disposition of such case; or (c) the person was found not 885
guilty at trial. 886
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ST: Expungement of state criminal records;
authorize in certain cases.
SECTION 9. This act shall take effect and be in force from 887
and after July 1, 2026. 888