House Bill 637

AN ACT TO AMEND SECTION 99-19-71, MISSISSIPPI CODE OF 1972, TO REVISE FROM FIVE YEARS TO FOUR YEARS THE WAITING PERIOD THAT A PERSON MAY PETITION THE COURT FOR EXPUNCTION IF THE PERSON COMMITTED CERTAIN NONVIOLENT OFFENSES BEFORE THE AGE OF TWENTY-ONE; TO PROVIDE CERTAIN GUIDELINES THAT THE COURT IS TO CONSIDER WHEN DETERMINING WHETHER AN ORDER OF EXPUNCTION SHOULD BE GRANTED TO SUCH PERSON; 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 that is not a traffic violation, and who is a first offender, may petition the justice, county, circuit or municipal court in which the conviction was had for an order to expunge any such conviction from all public records.

(2) (a) Any person who has been convicted of one (1) of the following felonies may petition the court in which the conviction was had for an order to expunge one (1) conviction from all public records five (5) years after the successful completion of all terms and conditions of the sentence for the conviction: a bad check offense under Section 97-19-55; possession of a controlled substance or paraphernalia under Section 41-29-139(c) or (d); false pretense under Section 97-19-39; larceny under Section 97-17-41; malicious mischief under Section 97-17-67; or shoplifting under Section 97-23-93. A person is eligible for only one (1) felony expunction under this paragraph.

(b) Any person who was under the age of twenty-one (21) years when he committed a felony may petition the court in which the conviction was had for an order to expunge one (1) conviction from all public records * * *~~five (5)~~ four (4) years after the successful completion of all terms and conditions of the sentence for the conviction; however, eligibility for expunction shall not apply to a felony classified as a crime of violence under Section 97-3-2 and any felony that, in the determination of the circuit court, is related to the distribution of a controlled substance and in the court's discretion it should not be expunged. A person is eligible for only one (1) felony expunction under this paragraph. When determining whether a petitioner should be granted an order of expunction under this paragraph, the court shall consider the following factors:

(i) Whether the petitioner has remained of good moral character and has been free of conviction of any felony or misdemeanor, other than a traffic violation, for four (4) years from the date of conviction of the nonviolent felony in question or any active sentence, period of probation or post-release supervision has been served, whichever is later;

(ii) Whether the petitioner has not previously been convicted of any felony or misdemeanor other than a traffic violation under the laws of the United States or the laws of this state or any other state;

(iii) Whether the petitioner has any outstanding warrants or pending criminal cases;

(iv) Whether the petitioner has any outstanding restitution orders or civil judgments representing amounts ordered for restitution entered against the petitioner;

(v) Whether the petitioner was less than twenty-one (21) years old at the time of the commission of the offense in question;

(vi) Whether the petitioner possesses a high school diploma, a high school diplomacy degree or other certificate of high school graduation; and

(vii) A search of the confidential records of expunctions conducted by the Office of Administrative Courts shows that the petitioner has not been previously granted an expunction.

(c) The petitioner shall give ten (10) days' written notice to the district attorney before any hearing on the petition. In all cases, the court wherein the petition is filed may grant the petition if the court determines, on the record or in writing, that the applicant is rehabilitated from the offense which is the subject of the petition. In those cases where the court denies the petition, the findings of the court in this respect shall be identified specifically and not generally.

(3) Upon entering an order of expunction under this section, a nonpublic record thereof shall be retained by the Mississippi Criminal Information Center solely for the purpose of determining whether, in subsequent proceedings, the person is a first offender. The order of expunction shall not preclude a district attorney's office from retaining a nonpublic record thereof for law enforcement purposes only. The existence of an order of expunction shall not preclude an employer from asking a prospective employee if the employee has had an order of expunction entered on his behalf. The effect of the expunction order shall be to restore the person, in the contemplation of the law, to the status he occupied before any arrest or indictment for which convicted. No person as to whom an expunction 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, indictment or conviction in response to any inquiry made of him for any purpose other than the purpose of determining, in any subsequent proceedings under this section, whether the person is a first offender. A person as to whom an order has been entered, upon request, shall be required to advise the court, in camera, of the previous conviction and expunction in any legal proceeding wherein the person has been called as a prospective juror. The court shall thereafter and before the selection of the jury advise the attorneys representing the parties of the previous conviction and expunction.

(4) 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.

(5) No public official is eligible for expunction under this section for any conviction related to his official duties.

SECTION 2. This act shall take effect and be in force from and after July 1, 2017.