Expungements

While it may be too late to appeal a decision in your case, we can help you explore your options for having the conviction expunged from your criminal record. An expungement can help you limit the damage from your conviction, allowing you to move on with your life.

Jim Davis has handled numerous expungements. He is credited for one of the few reported cases in Mississippi where a lower court denied an individual’s expungement and he appealed it to the Mississippi Supreme Court. The Mississippi Court of Appeals agreed with Jim Davis that the lower court erred and the individual’s conviction was expunged. See A.E.W. v. State, 925 So.2d, 136 (Miss. Ct. App. 2006).

Recent changes in Mississippi’s laws open the door for the expungement of many crimes that formerly could not be expunged. Any person who has been convicted of a misdemeanor, excluding a traffic violation, who is a first offender may petition for an expungement. Any person who has been convicted of any felony except one of the following can request an expungement:

• A crime of violence as provided in Section 97-3-2;
• Arson, first degree as provided in Sections 97-17-1 and 97-17-3;
• Trafficking in controlled substances as provided in Section 41-29-139;
• A third, fourth or subsequent offense DUI as provided in Section 63-11-30(2)© and (2)(d);
• Felon in possession of a firearm as provided in Section 97-37-5;
• Failure to register as a sex offender as provided in Section 45-33-33;
• Voyeurism as provided in Section 97-29-61;
• Witness intimidation as provided in Section 97-9-113;
• Abuse, neglect or exploitation of a vulnerable person as provided in Section 43-47-19; or
• Embezzlement as provided in Section s97-11-25 and 97-23-19.

Other expungement statutes exist, Miss. Code Ann. § 41-29-150 affects certain drug charges. Municipal Court judges have certain expungement powers. See Miss. Code Ann. § 21-3-7(6). Knowing all the expungement laws so the correct law or statute can be applied to your particular factual situation is important.

The petition must meet certain statutory requirements and the expunction order must contain specific biographical and factual information to be legal and proper to expunge the conviction. Obtaining the expungement order is only the first step. Contacting the proper law enforcement agencies to make sure it is expunged from your record requires an attorney who knows what they are doing. Jim Davis is such an attorney.

Not all people are eligible for expunction but under certain circumstances a person can petition a court for a certificate of rehabilitation. See Miss. Code Ann. § 97-37-5(3). This will allow a person to carry a firearm, but this requires the assistance of a good attorney because you will have to file a petition and have a hearing before a circuit court judge. The court may grant such certificate in its discretion upon a showing to the satisfaction of the court that: (1) the applicant has been rehabilitated and has led a useful, productive and law-abiding life since the completion of his sentence and (2) upon finding a of the court that the applicant will not be likely to act in a manner dangerous to public safety. After the hearing it is totally discretionary of the judge to grant the certificate or not.

A person is eligible for only one (1) felony expunction under this section. This window of opportunity may only be opened for a limited time. The sooner you contact us, the sooner we can begin to help you remove your conviction from all public records.

To know whether to file for post-conviction relief in state court, in accordance to Miss. Code Ann. §99-39-1, et. seq., requires an attorney who has a broad range of knowledge in reviewing criminal files and proceedings in order to ascertain if your case warrants filing for post-conviction relief. Grounds for post-conviction relief and time limitations are things that only a knowledgeable, experienced attorney can determine. See Miss. Code Ann. §99-39-5.

In federal court a sentence can be reduced if it meets certain criteria. See Rule 35 of the Federal Rules of Criminal Procedure. Attorney Jim Davis has the knowledge and experience to know when to file a federal habeas for relief from a state court conviction, pursuant to 28 U.S.C. §2254, or a federal sentence, pursuant to 28 U.S.C.§2255, plus the time limits on when to file these documents.

To discuss your appeal or expungement options with a dedicated lawyer, contact us today for a case evaluation.