Wednesday, October 1, 2014

Expungement Law Change

Effective today, Mississippi Code Annotated 63-11-39 overhauls Mississippi DUI law and provides for the possibility of an expungement.  A quick summary of the changes is that when a person is convicted of their first offense DUI, the court will order them to complete an alcohol safety education program within a year and the Department of Public Safety must suspend their license if they have not already done so.  To become eligible to continue driving, the offender must get an interlock restricted license and must have an ignition interlock device installed in all vehicles to be driven.

Other changes in the law include the possibility of having the first DUI expunged or having it non-adjudicated, which means that after the case is resolved through a trial or through a guilty plea, the judge can withhold a judgment of guilt.  This is a one-time opportunity, as is the possibility of having a driver’s record cleared by expungement. In order to expunge, the driver must have a clear record of DUIs for at least five years after he completes all conditions of his sentence.

The ability to get an expungement should help a lot of people who have a DUI on their record. 

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