On April 11, 2013, Mississippi Governor Phil Bryant signed into law House Bill 481, which introduces several changes to Mississippi’s DUI laws. While I have previously addressed the ways in which this bill “cracks down” on impaired drivers, it also provides a benefit to potentially thousands of people who have been convicted of DUI. Effective next year, anyone who has been convicted of a first offense DUI prior to the law’s effective date may be eligible to have their DUI record expunged; of course, there are certain requirements.
To successfully petition the circuit court for expungement, there are five requirements. First, all conditions of the sentence must have been successfully completed. All fines and costs must be paid, and any other conditions, such as Mississippi Alcohol Safety Education Program (MASEP), must have been fulfilled. Second, expungement is not available where the petitioner refused a breath or blood test; however, urine tests are not covered. The third requirement is that the petitioner’s blood alcohol concentration must have been below sixteen one-hundredths percent (.16%) if test results are available. Fourth, the petitioner must not have been convicted of or have pending a subsequent DUI charge. And finally, the petitioner must provide justification for the expungement.
But as too many people have discovered, a DUI conviction is much more than a fine and license suspension. It can affect your credit score, your ability to find a job, your ability to travel out of the country, and professional licensure. And with roughly 30,000 DUI arrests annually in Mississippi, a large number of people will be able to take full advantage of the law and get their record cleared of the DUI. Since the law is retroactive, there are potentially thousands of people who will be eligible.
For more information on Mississippi DUI law and defense, expungement, and related matters, please visit our website: www.mississippidui.com