2004 Regular Session
To: Judiciary B
By: Representative Myers, Bailey, Blackmon, Dickson, Ellis, Flaggs, Hines, Perkins
AN ACT TO AMEND SECTION 99-15-57, MISSISSIPPI CODE OF 1972, TO ALLOW EXPUNCTION OF RECORDS FOR PERSONS WHO PLED GUILTY AFTER CERTAIN DATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-15-57, Mississippi Code of 1972, is amended as follows:
99-15-57. (1) Any person who pled guilty within six (6) months prior to or on or after March 31, 1983, and who would have otherwise been eligible for the relief allowed in such section, may apply to the court in which such person was sentenced for an order to expunge from all official public records all recordation relating to his arrest, indictment, trial, finding of guilty and sentence. If the court determines, after hearing, that such person has satisfactorily served his sentence or period of probation and parole, pled guilty within six (6) months prior to or on or after March 31, 1983, and would have otherwise been eligible for the relief allowed in such section, it may enter such order. 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 or indictment. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or trial in response to any inquiry made of him for any purpose.
(2) Upon petition therefor, the 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 its passage.