Expungement; authorize for arrest records in cases where charges were dropped, no disposition entered, or findings of not guilty.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Fillingane

SENATE BILL NO. 2792

AN ACT TO AMEND SECTIONS 9-23-23, 9-27-19, 63-11-30, 99-19-71 1
AND 99-15-26, MISSISSIPPI CODE OF 1972, TO REQUIRE JUDGES EXPUNGE 2
THE RECORD OF ANY CASE IN WHICH AN ARREST WAS MADE AND THE PERSON 3
ARRESTED WAS RELEASED AND THE CASE WAS DISMISSED OR THE CHARGES 4
WERE DROPPED; TO REQUIRE JUDGES EXPUNGE THE RECORD OF ANY CASE IN 5
WHICH AN ARREST WAS MADE AND THERE WAS NO DISPOSITION OF SUCH 6
CASE; TO REQUIRE JUDGES EXPUNGE THE RECORD OF ANY CASE IN WHICH AN 7
ARREST WAS MADE AND THE PERSON WAS FOUND NOT GUILTY AT TRIAL; AND 8
FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 9-23-23, Mississippi Code of 1972, is 11
amended as follows: 12
9-23-23. (1) If the participant completes all requirements 13
imposed upon him by the intervention court, including the payment 14
of fines and fees assessed and not waived by the court, the charge 15
and prosecution shall be dismissed. If the defendant or 16
participant was sentenced at the time of entry of plea of guilty, 17
the successful completion of the intervention court order and 18
other requirements of probation or suspension of sentence will 19
result in the record of the criminal conviction or adjudication 20
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being expunged. However, no expunction of any implied consent 21
violation shall be allowed. 22
(2) A judge shall expunge the record of any case in which an 23
arrest was made and the person arrested was released and the case 24
was dismissed or the charges were dropped; there was no 25
disposition of such case; or the person was found not guilty at 26
trial. 27
SECTION 2. Section 9-27-19, Mississippi Code of 1972, is 28
amended as follows: 29
9-27-19. (1) If the participant completes all requirements 30
imposed by the mental health treatment court, the charge and 31
prosecution shall be dismissed. If the defendant was sentenced at 32
the time of entry of a plea of guilty, the successful completion 33
of the mental health treatment court order and other requirements 34
of probation or suspension of sentence will result in the record 35
of the criminal conviction or adjudication being expunged. 36
However, no expunction of any implied consent violations shall be 37
allowed. 38
(2) A judge shall expunge the record of any case in which an 39
arrest was made and the person arrested was released and the case 40
was dismissed or the charges were dropped; there was no 41
disposition of such case; or the person was found not guilty at 42
trial. 43
SECTION 3. Section 63-11-30, Mississippi Code of 1972, is 44
amended as follows: 45
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63-11-30. (1) It is unlawful for a person to drive or 46
otherwise operate a vehicle within this state if the person: 47
(a) Is under the influence of intoxicating liquor; 48
(b) Is under the influence of any other substance that 49
has impaired the person's ability to operate a motor vehicle; 50
(c) Is under the influence of any drug or controlled 51
substance, the possession of which is unlawful under the 52
Mississippi Controlled Substances Law; or 53
(d) Has an alcohol concentration in the person's blood, 54
based upon grams of alcohol per one hundred (100) milliliters of 55
blood, or grams of alcohol per two hundred ten (210) liters of 56
breath, as shown by a chemical analysis of the person's breath, 57
blood or urine administered as authorized by this chapter, of: 58
(i) Eight one-hundredths percent (.08%) or more 59
for a person who is above the legal age to purchase alcoholic 60
beverages under state law; 61
(ii) Two one-hundredths percent (.02%) or more for 62
a person who is below the legal age to purchase alcoholic 63
beverages under state law; or 64
(iii) Four one-hundredths percent (.04%) or more 65
for a person operating a commercial motor vehicle. 66
(2) Except as otherwise provided in subsection (3) of this 67
section (Zero Tolerance for Minors): 68
(a) First offense DUI. (i) Upon conviction of any 69
person for the first offense of violating subsection (1) of this 70
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section where chemical tests under Section 63-11-5 were given, or 71
where chemical test results are not available, the person shall be 72
fined not less than Two Hundred Fifty Dollars ($250.00) nor more 73
than One Thousand Dollars ($1,000.00), or imprisoned for not more 74
than forty-eight (48) hours in jail, or both; the court shall 75
order the person to attend and complete an alcohol safety 76
education program as provided in Section 63-11-32 within six (6) 77
months of sentencing. The court may substitute attendance at a 78
victim impact panel instead of forty-eight (48) hours in jail. 79
(ii) Suspension of commercial driving privileges 80
is governed by Section 63-1-216. 81
(iii) A qualifying first offense may be 82
nonadjudicated by the court under subsection (14) of this section. 83
The holder of a commercial driver's license or a commercial 84
learning permit at the time of the offense is ineligible for 85
nonadjudication. 86
(iv) Eligibility for an interlock-restricted 87
license is governed by Section 63-11-31 and suspension of regular 88
driving privileges is governed by Section 63-11-23. 89
(b) Second offense DUI. (i) Upon any second 90
conviction of any person violating subsection (1) of this section, 91
the offenses being committed within a period of five (5) years, 92
the person shall be guilty of a misdemeanor, fined not less than 93
Six Hundred Dollars ($600.00) nor more than One Thousand Five 94
Hundred Dollars ($1,500.00), shall be imprisoned not less than 95
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five (5) days nor more than six (6) months and sentenced to 96
community service work for not less than ten (10) days nor more 97
than six (6) months. The minimum penalties shall not be suspended 98
or reduced by the court and no prosecutor shall offer any 99
suspension or sentence reduction as part of a plea bargain. 100
(ii) Suspension of commercial driving privileges 101
is governed by Section 63-1-216. 102
(iii) Eligibility for an interlock-restricted 103
license is governed by Section 63-11-31 and suspension of regular 104
driving privileges is governed by Section 63-11-23. 105
(c) Third offense DUI. (i) For a third conviction of 106
a person for violating subsection (1) of this section, the 107
offenses being committed within a period of five (5) years, the 108
person shall be guilty of a felony and fined not less than Two 109
Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars 110
($5,000.00), and shall serve not less than one (1) year nor more 111
than five (5) years in the custody of the Department of 112
Corrections. For any offense that does not result in serious 113
injury or death to any person, the sentence of incarceration may 114
be served in the county jail rather than in the State Penitentiary 115
at the discretion of the circuit court judge. The minimum 116
penalties shall not be suspended or reduced by the court and no 117
prosecutor shall offer any suspension or sentence reduction as 118
part of a plea bargain. 119
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(ii) The suspension of commercial driving 120
privileges is governed by Section 63-1-216. 121
(iii) The suspension of regular driving privileges 122
is governed by Section 63-11-23. 123
(d) Fourth and subsequent offense DUI. (i) For any 124
fourth or subsequent conviction of a violation of subsection (1) 125
of this section, without regard to the time period within which 126
the violations occurred, the person shall be guilty of a felony 127
and fined not less than Three Thousand Dollars ($3,000.00) nor 128
more than Ten Thousand Dollars ($10,000.00), and shall serve not 129
less than two (2) years nor more than ten (10) years in the 130
custody of the Department of Corrections. 131
(ii) The suspension of commercial driving 132
privileges is governed by Section 63-1-216. 133
(iii) A person convicted of a fourth or subsequent 134
offense is ineligible to exercise the privilege to operate a motor 135
vehicle that is not equipped with an ignition-interlock device for 136
ten (10) years. 137
(e) Any person convicted of a second or subsequent 138
violation of subsection (1) of this section shall receive an 139
in-depth diagnostic assessment, and if as a result of the 140
assessment is determined to be in need of treatment for alcohol or 141
drug abuse, the person must successfully complete treatment at a 142
program site certified by the Department of Mental Health. Each 143
person who receives a diagnostic assessment shall pay a fee 144
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representing the cost of the assessment. Each person who 145
participates in a treatment program shall pay a fee representing 146
the cost of treatment. 147
(f) The use of ignition-interlock devices is governed 148
by Section 63-11-31. 149
(3) Zero tolerance for minors. (a) This subsection shall 150
be known and may be cited as Zero Tolerance for Minors. The 151
provisions of this subsection shall apply only when a person under 152
the age of twenty-one (21) years has a blood alcohol concentration 153
of two one-hundredths percent (.02%) or more, but lower than eight 154
one-hundredths percent (.08%). If the person's blood alcohol 155
concentration is eight one-hundredths percent (.08%) or more, the 156
provisions of subsection (2) shall apply. 157
(b) (i) A person under the age of twenty-one (21) is 158
eligible for nonadjudication of a qualifying first offense by the 159
court pursuant to subsection (14) of this section. 160
(ii) Upon conviction of any person under the age 161
of twenty-one (21) years for the first offense of violating 162
subsection (1) of this section where chemical tests provided for 163
under Section 63-11-5 were given, or where chemical test results 164
are not available, the person shall be fined Two Hundred Fifty 165
Dollars ($250.00); the court shall order the person to attend and 166
complete an alcohol safety education program as provided in 167
Section 63-11-32 within six (6) months. The court may also 168
require attendance at a victim impact panel. 169
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(c) A person under the age of twenty-one (21) years who 170
is convicted of a second violation of subsection (1) of this 171
section, the offenses being committed within a period of five (5) 172
years, shall be fined not more than Five Hundred Dollars 173
($500.00). 174
(d) A person under the age of twenty-one (21) years who 175
is convicted of a third or subsequent violation of subsection (1) 176
of this section, the offenses being committed within a period of 177
five (5) years, shall be fined not more than One Thousand Dollars 178
($1,000.00). 179
(e) License suspension is governed by Section 63-11-23 180
and ignition interlock is governed by Section 63-11-31. 181
(f) Any person under the age of twenty-one (21) years 182
convicted of a third or subsequent violation of subsection (1) of 183
this section must complete treatment of an alcohol or drug abuse 184
program at a site certified by the Department of Mental Health. 185
(4) DUI test refusal. In addition to the other penalties 186
provided in this section, every person refusing a law enforcement 187
officer's request to submit to a chemical test of the person's 188
breath as provided in this chapter, or who was unconscious at the 189
time of a chemical test and refused to consent to the introduction 190
of the results of the test in any prosecution, shall suffer an 191
additional administrative suspension of driving privileges as set 192
forth in Section 63-11-23. 193
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(5) Aggravated DUI. (a) (i) Except as otherwise provided 194
in subparagraph (ii) of this paragraph (a), every person who 195
operates any motor vehicle in violation of the provisions of 196
subsection (1) of this section and who in a negligent manner 197
causes the death of another or mutilates, disfigures, permanently 198
disables or destroys the tongue, eye, lip, nose or any other limb, 199
organ or member of another shall, upon conviction, be guilty of a 200
separate felony for each victim who suffers death, mutilation, 201
disfigurement or other injury and shall be committed to the 202
custody of the State Department of Corrections for a period of 203
time of not less than five (5) years and not to exceed twenty-five 204
(25) years for each death, mutilation, disfigurement or other 205
injury, and the imprisonment for the second or each subsequent 206
conviction, in the discretion of the court, shall commence either 207
at the termination of the imprisonment for the preceding 208
conviction or run concurrently with the preceding conviction. Any 209
person charged with causing the death of another as described in 210
this subsection shall be required to post bail before being 211
released after arrest. 212
(ii) Every person who is below the legal age to 213
purchase alcoholic beverages under state law and has an alcohol 214
concentration in the person's blood, based upon grams of alcohol 215
per one hundred (100) milliliters of blood, or grams of alcohol 216
per two hundred ten (210) liters of breath, as shown by a chemical 217
analysis of the person's breath, blood or urine administered as 218
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authorized by this chapter, of eight one-hundredths percent 219
(0.08%) or more and who in a negligent manner causes the death of 220
another or mutilates, disfigures, permanently disables or destroys 221
the tongue, eye, lip, nose or any other limb, organ or member of 222
another shall, upon conviction, be guilty of a separate felony for 223
each victim who suffers death, mutilation, disfigurement or other 224
injury and shall be committed to the custody of the State 225
Department of Corrections for a period of time not less than five 226
(5) years and not to exceed twenty-five (25) years for each death, 227
mutilation, disfigurement or other injury, and the imprisonment 228
for the second or each subsequent conviction, in the discretion of 229
the court, shall commence either at the termination of the 230
imprisonment for the preceding conviction or run concurrently with 231
the preceding conviction. Any such person charged with causing 232
the death of another as described in this subparagraph shall be 233
required to post bail before being released after arrest. 234
(b) A holder of a commercial driver's license who is 235
convicted of operating a commercial motor vehicle with an alcohol 236
concentration of eight one-hundredths percent (.08%) or more shall 237
be guilty of a felony and shall be committed to the custody of the 238
Department of Corrections for not less than two (2) years and not 239
more than ten (10) years. 240
(c) The court shall order an ignition-interlock 241
restriction on the offender's privilege to drive as a condition of 242
probation or post-release supervision not to exceed five (5) years 243
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unless a longer restriction is required under other law. The 244
ignition-interlock restriction shall not be applied to commercial 245
license privileges until the driver serves the full 246
disqualification period required by Section 63-1-216. 247
(6) DUI citations. (a) Upon conviction of a violation of 248
subsection (1) of this section, the trial judge shall sign in the 249
place provided on the traffic ticket, citation or affidavit 250
stating that the person arrested either employed an attorney or 251
waived his right to an attorney after having been properly 252
advised. If the person arrested employed an attorney, the name, 253
address and telephone number of the attorney shall be written on 254
the ticket, citation or affidavit. The court clerk must 255
immediately send a copy of the traffic ticket, citation or 256
affidavit, and any other pertinent documents concerning the 257
conviction or other order of the court, to the Department of 258
Public Safety as provided in Section 63-11-37. 259
(b) A copy of the traffic ticket, citation or affidavit 260
and any other pertinent documents, having been attested as true 261
and correct by the Commissioner of Public Safety, or his designee, 262
shall be sufficient proof of the conviction for purposes of 263
determining the enhanced penalty for any subsequent convictions of 264
violations of subsection (1) of this section. The Department of 265
Public Safety shall maintain a central database for verification 266
of prior offenses and convictions. 267
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(7) Out-of-state prior convictions. Convictions in another 268
state, territory or possession of the United States, or under the 269
law of a federally recognized Native American tribe, of violations 270
for driving or operating a vehicle while under the influence of an 271
intoxicating liquor or while under the influence of any other 272
substance that has impaired the person's ability to operate a 273
motor vehicle occurring within five (5) years before an offense 274
shall be counted for the purposes of determining if a violation of 275
subsection (1) of this section is a second, third, fourth or 276
subsequent offense and the penalty that shall be imposed upon 277
conviction for a violation of subsection (1) of this section. 278
(8) Charging of subsequent offenses. (a) For the purposes 279
of determining how to impose the sentence for a second, third, 280
fourth or subsequent conviction under this section, the affidavit 281
or indictment shall not be required to enumerate previous 282
convictions. It shall only be necessary that the affidavit or 283
indictment states the number of times that the defendant has been 284
convicted and sentenced within the past five (5) years for a 285
second or third offense, or without a time limitation for a fourth 286
or subsequent offense, under this section to determine if an 287
enhanced penalty shall be imposed. The amount of fine and 288
imprisonment imposed in previous convictions shall not be 289
considered in calculating offenses to determine a second, third, 290
fourth or subsequent offense of this section. 291
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(b) Before a defendant enters a plea of guilty to an 292
offense under this section, law enforcement must submit 293
certification to the prosecutor that the defendant's driving 294
record, the confidential registry and National Crime Information 295
Center record have been searched for all prior convictions, 296
nonadjudications, pretrial diversions and arrests for driving or 297
operating a vehicle while under the influence of an intoxicating 298
liquor or while under the influence of any other substance that 299
has impaired the person's ability to operate a motor vehicle. The 300
results of the search must be included in the certification. 301
(9) License eligibility for underage offenders. A person 302
who is under the legal age to obtain a license to operate a motor 303
vehicle at the time of the offense and who is convicted under this 304
section shall not be eligible to receive a driver's license until 305
the person reaches the age of eighteen (18) years. 306
(10) License suspensions and restrictions to run 307
consecutively. Suspension or restriction of driving privileges 308
for any person convicted of or nonadjudicated for violations of 309
subsection (1) of this section shall run consecutively to and not 310
concurrently with any other administrative license suspension. 311
(11) Ignition interlock. If the court orders installation 312
and use of an ignition-interlock device as provided in Section 313
63-11-31 for every vehicle operated by a person convicted or 314
nonadjudicated under this section, each device shall be installed, 315
maintained and removed as provided in Section 63-11-31. 316
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(12) DUI child endangerment. A person over the age of 317
twenty-one (21) who violates subsection (1) of this section while 318
transporting in a motor vehicle a child under the age of sixteen 319
(16) years is guilty of the separate offense of endangering a 320
child by driving under the influence of alcohol or any other 321
substance which has impaired the person's ability to operate a 322
motor vehicle. The offense of endangering a child by driving 323
under the influence of alcohol or any other substance which has 324
impaired the person's ability to operate a motor vehicle shall not 325
be merged with an offense of violating subsection (1) of this 326
section for the purposes of prosecution and sentencing. An 327
offender who is convicted of a violation of this subsection shall 328
be punished as follows: 329
(a) A person who commits a violation of this subsection 330
which does not result in the serious injury or death of a child 331
and which is a first conviction shall be guilty of a misdemeanor 332
and, upon conviction, shall be fined not more than One Thousand 333
Dollars ($1,000.00) or shall be imprisoned for not more than 334
twelve (12) months, or both; 335
(b) A person who commits a violation of this subsection 336
which does not result in the serious injury or death of a child 337
and which is a second conviction shall be guilty of a misdemeanor 338
and, upon conviction, shall be fined not less than One Thousand 339
Dollars ($1,000.00) nor more than Five Thousand Dollars 340
($5,000.00) or shall be imprisoned for one (1) year, or both; 341
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(c) A person who commits a violation of this subsection 342
which does not result in the serious injury or death of a child 343
and which is a third or subsequent conviction shall be guilty of a 344
felony and, upon conviction, shall be fined not less than Ten 345
Thousand Dollars ($10,000.00) or shall be imprisoned for not less 346
than one (1) year nor more than five (5) years, or both; and 347
(d) A person who commits a violation of this subsection 348
which results in the serious injury or death of a child, without 349
regard to whether the offense was a first, second, third or 350
subsequent offense, shall be guilty of a felony and, upon 351
conviction, shall be punished by a fine of not less than Ten 352
Thousand Dollars ($10,000.00) and shall be imprisoned for not less 353
than five (5) years nor more than twenty-five (25) years. 354
(13) Expunction. (a) Any person convicted under subsection 355
(2) or (3) of this section of a first offense of driving under the 356
influence and who was not the holder of a commercial driver's 357
license or a commercial learning permit at the time of the offense 358
may petition the circuit court of the county in which the 359
conviction was had for an order to expunge the record of the 360
conviction at least five (5) years after successful completion of 361
all terms and conditions of the sentence imposed for the 362
conviction. Expunction under this subsection will only be 363
available to a person: 364
(i) Who has successfully completed all terms and 365
conditions of the sentence imposed for the conviction; 366
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(ii) Who did not refuse to submit to a test of his 367
blood or breath; 368
(iii) Whose blood alcohol concentration tested 369
below sixteen one-hundredths percent (.16%) if test results are 370
available; 371
(iv) Who has not been convicted of and does not 372
have pending any other offense of driving under the influence; 373
(v) Who has provided the court with justification 374
as to why the conviction should be expunged; and 375
(vi) Who has not previously had a nonadjudication 376
or expunction of a violation of this section. 377
(b) Except as provided in paragraph (d) of this 378
subsection, a person is eligible for only one (1) expunction under 379
this subsection, and the Department of Public Safety shall 380
maintain a permanent confidential registry of all cases of 381
expunction under this subsection for the sole purpose of 382
determining a person's eligibility for expunction, for 383
nonadjudication, or as a first offender under this section. 384
(c) The court in its order of expunction shall state in 385
writing the justification for which the expunction was granted and 386
forward the order to the Department of Public Safety within five 387
(5) days of the entry of the order. 388
(d) A judge shall expunge the record of any case under 389
this section in which an arrest was made and the person arrested 390
was released and the case was dismissed or the charges were 391
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dropped; there was no disposition of such case; or the person was 392
found not guilty at trial. 393
(14) Nonadjudication. (a) For the purposes of this 394
chapter, "nonadjudication" means that the court withholds 395
adjudication of guilt and sentencing, either at the conclusion of 396
a trial on the merits or upon the entry of a plea of guilt by a 397
defendant, and places the defendant in a nonadjudication program 398
conditioned upon the successful completion of the requirements 399
imposed by the court under this subsection. 400
(b) A person is eligible for nonadjudication of an 401
offense under this Section 63-11-30 only one (1) time under any 402
provision of a law that authorizes nonadjudication and only for an 403
offender: 404
(i) Who has successfully completed all terms and 405
conditions imposed by the court after placement of the defendant 406
in a nonadjudication program; 407
(ii) Who was not the holder of a commercial 408
driver's license or a commercial learning permit at the time of 409
the offense; 410
(iii) Who has not previously been convicted of and 411
does not have pending any former or subsequent charges under this 412
section; and 413
(iv) Who has provided the court with justification 414
as to why nonadjudication is appropriate. 415
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(c) Nonadjudication may be initiated upon the filing of 416
a petition for nonadjudication or at any stage of the proceedings 417
in the discretion of the court; the court may withhold 418
adjudication of guilt, defer sentencing, and upon the agreement of 419
the offender to participate in a nonadjudication program, enter an 420
order imposing requirements on the offender for a period of court 421
supervision before the order of nonadjudication is entered. 422
Failure to successfully complete a nonadjudication program 423
subjects the person to adjudication of the charges against him and 424
to imposition of all penalties previously withheld due to entrance 425
into a nonadjudication program. The court shall immediately 426
inform the commissioner of the conviction as required in Section 427
63-11-37. 428
(i) The court shall order the person to: 429
1. Pay the nonadjudication fee imposed under 430
Section 63-11-31 if applicable; 431
2. Pay all fines, penalties and assessments 432
that would have been imposed for conviction; 433
3. Attend and complete an alcohol safety 434
education program as provided in Section 63-11-32 within six (6) 435
months of the date of the order; 436
4. a. If the court determines that the 437
person violated this section with respect to alcohol or 438
intoxicating liquor, the person must install an ignition-interlock 439
device on every motor vehicle operated by the person, obtain an 440
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interlock-restricted license, and maintain that license for one 441
hundred twenty (120) days or suffer a one-hundred-twenty-day 442
suspension of the person's regular driver's license, during which 443
time the person must not operate any vehicle. 444
b. If the court determines that the 445
person violated this section by operating a vehicle when under the 446
influence of a substance other than alcohol that has impaired the 447
person's ability to operate a motor vehicle, including any drug or 448
controlled substance which is unlawful to possess under the 449
Mississippi Controlled Substances Law, the person must submit to a 450
one-hundred-twenty-day period of a nonadjudication program that 451
includes court-ordered drug testing at the person's own expense 452
not less often than every thirty (30) days, during which time the 453
person may drive if compliant with the terms of the program, or 454
suffer a one-hundred-twenty-day suspension of the person's regular 455
driver's license, during which time the person will not operate 456
any vehicle. 457
(ii) Other conditions that may be imposed by the 458
court include, but are not limited to, alcohol or drug screening, 459
or both, proof that the person has not committed any other traffic 460
violations while under court supervision, proof of immobilization 461
or impoundment of vehicles owned by the offender if required, and 462
attendance at a victim-impact panel. 463
(d) The court may enter an order of nonadjudication 464
only if the court finds, after a hearing or after ex parte 465
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examination of reliable documentation of compliance, that the 466
offender has successfully completed all conditions imposed by law 467
and previous orders of the court. The court shall retain 468
jurisdiction over cases involving nonadjudication for a period of 469
not more than two (2) years. 470
(e) (i) The clerk shall immediately forward a record 471
of every person placed in a nonadjudication program and of every 472
nonadjudication order to the Department of Public Safety for 473
inclusion in the permanent confidential registry of all cases that 474
are nonadjudicated under this subsection (14). 475
(ii) Judges, clerks and prosecutors involved in 476
the trial of implied consent violations and law enforcement 477
officers involved in the issuance of citations for implied consent 478
violations shall have secure online access to the confidential 479
registry for the purpose of determining whether a person has 480
previously been the subject of a nonadjudicated case and 1. is 481
therefore ineligible for another nonadjudication; 2. is ineligible 482
as a first offender for a violation of this section; or 3. is 483
ineligible for expunction of a conviction of a violation of this 484
section. 485
(iii) The Driver Services Bureau of the department 486
shall have access to the confidential registry for the purpose of 487
determining whether a person is eligible for a form of license not 488
restricted to operating a vehicle equipped with an 489
ignition-interlock device. 490
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(iv) The Mississippi Alcohol Safety Education 491
Program shall have secure online access to the confidential 492
registry for research purposes only. 493
(15) The provisions of this section are fully applicable to 494
any person who is under the influence of medical cannabis that is 495
lawful under the Mississippi Medical Cannabis Act and in 496
compliance with rules and regulations adopted thereunder which has 497
impaired the person's ability to operate a motor vehicle. 498
SECTION 4. Section 99-19-71, Mississippi Code of 1972, is 499
amended as follows: 500
99-19-71. (1) Any person who has been convicted of a 501
misdemeanor that is not a traffic violation, and who is a first 502
offender, may petition the justice, county, circuit or municipal 503
court in which the conviction was had for an order to expunge any 504
such conviction from all public records. 505
(2) (a) Except as otherwise provided in this subsection, a 506
person who has been convicted of a felony and who has paid all 507
criminal fines and costs of court imposed in the sentence of 508
conviction may petition the court in which the conviction was had 509
for an order to expunge one (1) conviction from all public records 510
five (5) years after the successful completion of all terms and 511
conditions of the sentence for the conviction upon a hearing as 512
determined in the discretion of the court; however, a person is 513
not eligible to expunge a felony classified as: 514
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(i) A crime of violence as provided in Section 515
97-3-2; 516
(ii) Arson, first degree as provided in Sections 517
97-17-1 and 97-17-3; 518
(iii) Trafficking in controlled substances as 519
provided in Section 41-29-139; 520
(iv) A third, fourth or subsequent offense DUI as 521
provided in Section 63-11-30(2)(c) and (2)(d); 522
(v) Felon in possession of a firearm as provided 523
in Section 97-37-5; 524
(vi) Failure to register as a sex offender as 525
provided in Section 45-33-33; 526
(vii) Voyeurism as provided in Section 97-29-61; 527
(viii) Witness intimidation as provided in Section 528
97-9-113; 529
(ix) Abuse, neglect or exploitation of a 530
vulnerable person as provided in Section 43-47-19; or 531
(x) Embezzlement as provided in Sections 97-11-25 532
and 97-23-19. 533
A person is eligible for only one (1) felony expunction under 534
this paragraph. For the purposes of this section, the terms "one 535
(1) conviction" and "one (1) felony expunction" mean and include 536
all convictions that arose from a common nucleus of operative 537
facts as determined in the discretion of the court. 538
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(b) The petitioner shall give ten (10) days' written 539
notice to the district attorney before any hearing on the 540
petition. In all cases, the court wherein the petition is filed 541
may grant the petition if the court determines, on the record or 542
in writing, that the applicant is rehabilitated from the offense 543
which is the subject of the petition. In those cases where the 544
court denies the petition, the findings of the court in this 545
respect shall be identified specifically and not generally. 546
(3) Upon entering an order of expunction under this section, 547
a nonpublic record thereof shall be retained by the Mississippi 548
Criminal Information Center solely for the purpose of determining 549
whether, in subsequent proceedings, the person is a first 550
offender. The order of expunction shall not preclude a district 551
attorney's office from retaining a nonpublic record thereof for 552
law enforcement purposes only. The existence of an order of 553
expunction shall not preclude an employer from asking a 554
prospective employee if the employee has had an order of 555
expunction entered on his behalf. The effect of the expunction 556
order shall be to restore the person, in the contemplation of the 557
law, to the status he occupied before any arrest or indictment for 558
which convicted. No person as to whom an expunction order has 559
been entered shall be held thereafter under any provision of law 560
to be guilty of perjury or to have otherwise given a false 561
statement by reason of his failure to recite or acknowledge such 562
arrest, indictment or conviction in response to any inquiry made 563
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of him for any purpose other than the purpose of determining, in 564
any subsequent proceedings under this section, whether the person 565
is a first offender. A person as to whom an order has been 566
entered, upon request, shall be required to advise the court, in 567
camera, of the previous conviction and expunction in any legal 568
proceeding wherein the person has been called as a prospective 569
juror. The court shall thereafter and before the selection of the 570
jury advise the attorneys representing the parties of the previous 571
conviction and expunction. 572
(4) Upon petition therefor, a justice, county, circuit or 573
municipal court shall expunge the record of any case in which an 574
arrest was made, the person arrested was released and the case was 575
dismissed or the charges were dropped or there was no disposition 576
of such case, or the person was found not guilty at trial. 577
(5) No public official is eligible for expunction under this 578
section for any conviction related to his official duties. 579
(6) A judge shall expunge the record of any case in which an 580
arrest was made and the person arrested was released and the case 581
was dismissed or the charges were dropped; there was no 582
disposition of such case; or the person was found not guilty at 583
trial. 584
SECTION 5. Section 99-15-26, Mississippi Code of 1972, is 585
amended as follows: 586
99-15-26. (1) (a) In all criminal cases, felony and 587
misdemeanor, other than crimes against the person, a crime of 588
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violence as defined in Section 97-3-2, a violation of Section 589
97-11-31, or crimes in which a person unlawfully takes, obtains or 590
misappropriates funds received by or entrusted to the person by 591
virtue of his or her public office or employment, the circuit or 592
county court shall be empowered, upon the entry of a plea of 593
guilty by a criminal defendant made on or after July 1, 2014, to 594
withhold acceptance of the plea and sentence thereon pending 595
successful completion of such conditions as may be imposed by the 596
court pursuant to subsection (2) of this section. 597
(b) In all misdemeanor criminal cases, other than 598
crimes against the person, the justice or municipal court shall be 599
empowered, upon the entry of a plea of guilty by a criminal 600
defendant, to withhold acceptance of the plea and sentence thereon 601
pending successful completion of such conditions as may be imposed 602
by the court pursuant to subsection (2) of this section. 603
(c) Notwithstanding paragraph (a) of this subsection 604
(1), in all criminal cases charging a misdemeanor of domestic 605
violence as defined in Section 99-3-7(5), a circuit, county, 606
justice or municipal court shall be empowered, upon the entry of a 607
plea of guilty by the criminal defendant, to withhold acceptance 608
of the plea and sentence thereon pending successful completion of 609
such conditions as may be imposed by the court pursuant to 610
subsection (2) of this section. 611
(d) No person having previously qualified under the 612
provisions of this section shall be eligible to qualify for 613
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release in accordance with this section for a repeat offense. A 614
person shall not be eligible to qualify for release in accordance 615
with this section if charged with the offense of trafficking of a 616
controlled substance as provided in Section 41-29-139(f) or if 617
charged with an offense under the Mississippi Implied Consent Law. 618
Violations under the Mississippi Implied Consent Law can only be 619
nonadjudicated under the provisions of Section 63-11-30. 620
(2) (a) Conditions which the circuit, county, justice or 621
municipal court may impose under subsection (1) of this section 622
shall consist of: 623
(i) Reasonable restitution to the victim of the 624
crime. 625
(ii) Performance of not more than nine hundred 626
sixty (960) hours of public service work approved by the court. 627
(iii) Payment of a fine not to exceed the 628
statutory limit. 629
(iv) Successful completion of drug, alcohol, 630
psychological or psychiatric treatment, successful completion of a 631
program designed to bring about the cessation of domestic abuse, 632
or any combination thereof, if the court deems treatment 633
necessary. 634
(v) The circuit or county court, in its 635
discretion, may require the defendant to remain in the program 636
subject to good behavior for a period of time not to exceed five 637
(5) years. The justice or municipal court, in its discretion, may 638
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require the defendant to remain in the program subject to good 639
behavior for a period of time not to exceed two (2) years. 640
(b) Conditions which the circuit or county court may 641
impose under subsection (1) of this section also include 642
successful completion of an effective evidence-based program or a 643
properly controlled pilot study designed to contribute to the 644
evidence-based research literature on programs targeted at 645
reducing recidivism. Such program or pilot study may be community 646
based or institutionally based and should address risk factors 647
identified in a formal assessment of the offender's risks and 648
needs. 649
(3) When the court has imposed upon the defendant the 650
conditions set out in this section, the court shall release the 651
bail bond, if any. 652
(4) Upon successful completion of the court-imposed 653
conditions permitted by subsection (2) of this section, the court 654
shall direct that the cause be dismissed and the case be closed. 655
(5) Upon petition therefor, the court shall expunge the 656
record of any case in which an arrest was made, the person 657
arrested was released and the case was dismissed or the charges 658
were dropped, there was no disposition of such case, or the person 659
was found not guilty at trial. 660
(6) A judge shall expunge the record of any case in which an 661
arrest was made and the person arrested was released and the case 662
was dismissed or the charges were dropped; there was no 663
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ST: Expungement; authorize for arrest records
in cases where charges were dropped, no
disposition entered, or findings of not guilty.
disposition of such case; or the person was found not guilty at 664
trial. 665
SECTION 6. This act shall take effect and be in force from 666
and after July 1, 2026. 667