2004 Regular Session
To: Judiciary B
By: Representative McBride
AN ACT TO AMEND SECTION 99-19-71, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT NO EXPUNCTION MAY BE GRANTED FOR MISDEMEANOR CRIMES AGAINST THE PERSON OR CRIMES AGAINST A CHILD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-19-71, Mississippi Code of 1972, is amended as follows:
99-19-71. (1) Any person who has been convicted of a misdemeanor, excluding those persons convicted of traffic violations, any crimes against the person as set forth in Sections 97-3-1 through 97-3-117, or any crimes against a child as set forth in Sections 97-5-1 through 97-5-41, and who is a first offender, may petition the justice, county, circuit or municipal court, as may be applicable, for an order to expunge any such conviction from all public records. Upon entering such order, a nonpublic record thereof shall be retained by the court and by the Mississippi Criminal Information Center solely for the purpose of determining whether, in subsequent proceedings, such person is a first offender. The effect of such order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest. No person as to whom such order has been entered shall be held thereafter under any provision of law to be guilty of perjury or to have otherwise given a false statement by reason of his failure to recite or acknowledge such arrest or conviction in response to any inquiry made of him for any purpose, except for the purpose of determining in any subsequent proceedings under this section, whether such person is a first offender.
(2) Upon petition therefor, a justice, county, circuit or municipal court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.
SECTION 2. This act shall take effect and be in force from and after July 1, 2004.