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MS SB2305

Bill

Status

Failed

1/31/2023

Primary Sponsor

Sollie Norwood

Click for details

Origin

Senate

2023 Regular Session

AI Summary

  • Consolidates Mississippi's expungement statutes into a unified framework, defining expungement as court-ordered deletion of criminal offense records from public records while maintaining nonpublic records for determining first-offender status

  • Allows expungement of misdemeanor convictions for first offenders, and permits expungement of multiple misdemeanors after showing rehabilitation and good conduct for 2 years; allows expungement of one felony conviction 5 years after completing all sentence terms, excluding violent crimes, arson, trafficking, sex offenses, and embezzlement

  • Permits expungement of first-offense DUI convictions 5 years after sentence completion if the person did not refuse testing, had blood alcohol below .16%, has no other DUI convictions, and was not a commercial driver; the Department of Public Safety maintains a confidential registry of DUI expungements

  • Requires automatic expungement for dismissals and nolle prosequi orders as of July 1, 2020, and allows expungement for arrests without prosecution within 12 months, dismissed charges, and acquittals

  • Sets a $150 filing fee for circuit/county court expungement petitions ($140 to State General Fund, $10 to circuit clerk) and requires prosecutors to run FBI Interstate Identification Index background checks before expungement hearings

Legislative Description

Expungement; consolidate statutes concerning.

Last Action

Died In Committee

1/31/2023

Committee Referrals

Judiciary, Division B1/16/2023

Full Bill Text

No bill text available