EFFECTIVE OCTOBER 1, 2016
EXPUNGEMENT
- any person convicted under subsection (2) or (3) of Mississippi Implied Consent 63-11-30 of 1st offense DUI AND
- not a holder of commercial driver’s license or commercial permit
- MAY petition the circuit court of the county where conviction occurred for an order to expunge the record at least five (5) years after completion of all terms and conditions of the sentence
- will only be available if completed all terms and conditions of sentence imposed at conviction
- will only be available if did not refuse to submit to a test of blood or breath
- will only be available if blood alcohol concentration tested below 0.16% if test results available
- will only be available if has not been convicted of and does not have pending any other offense of driving under the influence
- will only be available if has provided the court with justification as to why the conviction should expunged AND
- will only be available if has not previously had a nonadjudication or expungement of a violation of this section
- a person is eligible for only one (1) expungement under this subsection
- eligibility for expungements is determined by the Department of Public Safety which maintains a confidential registry of all cases of expungements and nonadjudication
- court in its order of expunction shall state in writing the justification for expunction being granted and forward the order to the Department of Public Safety within five (5) days of the entry of the order
NONADJUDICATION
- NONADJUDICATION means that the court withholds adjudication of guilt and sentencing, either at the conclusion of a trial on the merits or upon entry of a plea of guilt by a defendant, and places the defendant in a nonadjudication program conditioned upon the successful completion of the requirements imposed by the court under Section 63-11-30
- a person is eligible for nonadjudication of an offense under Section 63-11-30 only one (1) time AND
- only for an offender who has successfully completed all terms and conditions imposed by the court after placement of the defendant in a nonadjudication program
- only for an offender who was not operating a commercial vehicle at the time of the offense
- only for an offender who has not previously been convicted of and does not have pending any former or subsequent charges under Section 63-11-30
- only for an offender who has provided the court with justification as to why nonadjudication is appropriate
- may be initiated by filing a petition for nonadjudication
- court may withhold adjudication of guilt, defer sentencing, and upon the agreement of the offender to participate in a nonadjudication program, enter an order imposing requirements on the offender for a period of court supervision before the order of nonadjudication is entered
- failure to successfully complete a nonadjudication program subjects the person to adjudication of the charges against him and to imposition of all penalties previously withheld due to entrance into a nonadjudication program
- the court shall order the person to pay the nonadjudication fee
- the court shall order the person to payn all fines, penalities and assessments that would have been imposed for conviction
- the court shall order the person to attend and complete an alcohol safety education program within six (6) months of the date of the order
- IF DUI ALCOHOL–if the person violates this section with alcohol or intoxicating liquor, the person must install an ignition-interlock device on every motor vehicle operated by the person, obtain an interlock-restricted license, and maintain that license for one hundred twenty (120) days or suffer a one-hundred-twenty-day suspension of the person’s regular driver’s license, during which time the person must not operate any vehicle
- IF DUI DRUGS–if the person violates this section by operating a motor vehicle when under the influence of a substance other than alcohol that has impaired the person’s ability to operate a motor vehicle, including any drug or controlled substance which is unlawful to possess under the Mississippi Controlled Substances Law, the person must submit to a 120 day period of nonadjudication program that includes court-ordered drug testing at the person’s own expense not less often than every thirty (30) days, during which time the person may drive if compliant with the terms of the program, or suffer a 120 day suspension of the person’s regular driver’s license, during which time the person will not operate any vehicle
- other conditions that may be imposed by the court include, but are not limited to, alcohol or drug screening, or both, proof that the person has not committed any other traffic violations while under court supervision, proof of immobilization or impoundment of vehicles owned by the offender if required, and attendance at a victim-impact panel
- the court may enter an order of nonadjudication only if the court finds, after a hearing or after ex parte examination of reliable documentation of compliance, that the offender has successfully completed all conditions imposed by law and previous orders of the court