Expunging a DUI in Mississippi: Who Qualifies?

A DUI (Driving Under the Influence) conviction can have serious, long-lasting consequences. It affects your driving privileges, employment opportunities, and even your insurance rates. However, for some people, there is a legal path to clearing their record. Mississippi law allows for the expungement of certain DUI convictions under specific conditions. Below, we break down which DUI convictions may be eligible for expungement.

Understanding DUI Expungement in Mississippi

Expungement is the process of legally erasing a conviction from your record. This means that, once a conviction is expunged, it no longer appears on background checks conducted by most employers, landlords, or institutions. However, law enforcement agencies may still retain a private record for internal purposes​.

Mississippi has strict rules on which DUI convictions can be removed from a person’s criminal record. Only first-time offenses under specific conditions may qualify.

Which DUI Convictions Are Eligible for Expungement?

Mississippi law allows for the expungement of one DUI conviction if each of the following conditions are met:

1. It was 1^st Offense – Only a first-offense DUI conviction is eligible for expungement.
2. Successfully Completed All Court Requirements – The person must have successfully completed:
   • All court-ordered fines and fees
   • Any alcohol safety education programs
   • Any required community service or probation​
   • Any other terms ordered by the Court
3. 5 Years Have Passed – To qualify for expungement, the individual must wait at least five (5) years after completing all penalties, including probation, fines, and any court-mandated programs​.
4. Did NOT have a CDL – The person must not have held a commercial driver’s license or permit at the time of the offense.
5. Did NOT Refuse – The person must not have refused a breath or blood test.
6. BAC – The person’s blood alcohol concentration, if tested, must have been below .16%.
7. No Additional Convictions – The individual must not have any additional DUI convictions, prior DUI non-adjudications, or prior DUI expungements.

Non-Adjudication or Dismissal

If your DUI charge was non-adjudicated, meaning you completed certain terms ordered by the Court and were not convicted, or if your charge was dismissed, then you are automatically eligible for expungement. You need not meet the extensive requirements listed above. Simply contact an attorney to begin the expungement process!

Steps to Expunge a DUI

If you believe you qualify for DUI expungement in Mississippi, follow these steps:

1. Consult an Attorney – Having experienced Mississippi criminal defense lawyer will simplify the expungement process for you and increase your chances of success.
2. File a Petition – The process is not automatic. You must submit a petition for expungement, containing all the necessary requirements and attachments, in the circuit court of the county of conviction.
3. Attend a Court Hearing (if required) – Some courts may require a hearing to determine if expungement is in the interest of justice.
4. Receive the Court’s Ruling – If granted, the Court will issue an order directing all public record of your DUI conviction be removed.

Final Thoughts

If you meet the above requirements, you may be eligible for expungement. Having your DUI conviction expunged can open doors to employment opportunities, restore your reputation, and allow you to move forward with a clean slate.

If you need help determining your eligibility or navigating the process,contact the Eichelberger Law Firm today. We have extensive experience handling DUI cases and can guide you through the expungement process.

📞 Call us today at (601) 292-7940 or visit www.ike-law.com to schedule a consultation.