MS SB2136

Allows persons convicted of felonies (excluding certain offenses) to petition for expunction 20 years after completing their sentence, in addition to the existing 5-year expunction option for first offenders.

Maintains 10 felony categories ineligible for any expunction: crimes of violence, first-degree arson, drug trafficking, third/subsequent DUI offenses, felon in possession of firearm, failure to register as sex offender, voyeurism, witness intimidation, abuse of vulnerable persons, and embezzlement.

Creates additional restrictions on 20-year expunction eligibility, prohibiting expunction of rape, sexual battery, third/subsequent DUI, failure to register as sex offender, witness intimidation, and abuse of vulnerable persons.

Requires petitioner to provide 10 days' written notice to the district attorney and permits court to grant expunction only upon determination that the applicant is rehabilitated.

Effective July 1, 2021; nonpublic records retained by Mississippi Criminal Information Center for determining first-offender status in subsequent proceedings.