MS HB438

Amends Section 41-29-147 to require that prior drug convictions must have resulted in sentences of one (1) year or more and arose from separate incidents at different times to qualify as second or subsequent offenses.

Adds first-time possession with intent to sell, distribute, or manufacture controlled substances under Section 41-29-139(a) to the list of felonies eligible for expungement five (5) years after successful completion of sentence.

Allows first-time offenders convicted of specified felonies (bad checks, drug possession, false pretense, larceny, malicious mischief, shoplifting) to petition for expungement after five (5) years, with limit of one (1) felony expunction per person.

Requires petitioner to provide ten (10) days' written notice to the district attorney before expungement hearing and allows court to grant expungement if applicant is determined to be rehabilitated.

Takes effect July 1, 2018.