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MS SB2305
Bill
AI Summary
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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
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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
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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
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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
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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