New State Law Adds More Crimes That Can Be Expunged From Criminal Record

COLUMBUS, Miss. (WCBI)-Current Mississippi law allows people convicted of six specific felonies to have those convictions expunged, or removed, from their record.

However, House Bill 1352 which passed into law this year, will expand that option.

“We felt like there’s a lot of people that’s been prohibited from getting good jobs because of the felony question,” said Gary Chism, District 37 State Representative.

Chism said when state lawmakers met during this year’s legislative session, they were determined to come up with ways to make getting a job easier for convicted felons.

As a result, House Bill 1352 was introduced.

“Someone who has been convicted of a felony, starting July 1st, they can have that felony expunged off of their record so that they would not have to answer that question about have you ever had a felony,” said Chism.

In order for someone to be expunged there are a few requirements.

A person must be five years removed from serving their sentence.

They must also be off of probation and pay off all fines and fees associated with the conviction.

“If you have that then you can go get you an attorney, go back to the judge, and if the judge agrees with it, he can have the record expunged,” said Chism.

The felony expungement will be eligible for most non-violent crimes with the exception of a few others including first degree arson, drug trafficking, third, fourth and subsequent offense DUI, felon in possession of a firearm, embezzlement, failure to register as a sex offender, voyeurism, and witness intimidation.

Violent crimes cannot be expunged.

The bill states that people would only be eligible for one felony expungement, unless multiple offenses are tied to one event.

The cost of the expungement has to be paid for by the applicant.

The petitioner must give a ten day written notice to the district attorney before any hearing on the petition.

“This is an opportunity for them to clear their record,” Chism explained. “Right now somebody with a felony can’t own a gun or have a gun in their possession, this would help clear that up to where they could. Then there are several crimes, felonies, that would prohibit you from voting and this will also clear that one up.”

House Bill 1352 goes into effect on July first.

The law ensures that people who are found “not guilty” at trial cannot be denied expungement of those charges.

The bill also prevents drivers license suspension for non-related drug offenses and unpaid legal fines and fees.

To read more on the bill visit http://billstatus.ls.state.ms.us/documents/2019/dt/HB/1300-1399/HB1352IN.pdf for more information.