How would my son go about getting his juvenile criminal record expunged?
Full Question:
I have read your list of reasons a juvenile's record can be expunged. My son pled guilty to a DUI vehicular homicide that occurred when he was 20 (a downtown restaurant served liquor illegally to minors at a university's fraternity party). He was sentenced to 10 years, 9 suspended; he served 6 months in the county jail and 6 months house arrest. He served the entire five year supervised probation period with a good clean record. Is there ANY chance that his record might get expunged?
05/05/2009 |
Category: Criminal ยป Expungement ... |
State: Mississippi |
#16594
Answer:
The youth court doesn't have jurisdiction over offenses committed by a child on or after his eighteenth birthday, or over offenses committed by a child on or after his seventeenth birthday where such offenses would be a felony if committed by an adult. Therefore destruction of juvenile records doesn't apply to a crime committed when a person is 20.
If the case was dismissed after completion of the conditions in 99-15-26, the records may be expunged, but if your son served jail time, he probably wasn't sentenced under the withheld adjudication under this statute. However, if he pled guilty within 6 months before March 31, 1983 he may apply for expungement under § 99-15-57. If he was sentenced by drug court, he may petition under 9-23-23.
The following are MS statutes:
§ 99-15-26. Dismissal of action upon successful completion
of certain court-imposed conditions.
(1) In all criminal cases, felony and misdemeanor, other
than crimes against the person or a violation of
Section 97-11-31, the circuit or county court shall be
empowered, upon the entry of a plea of guilty by a criminal
defendant, to withhold acceptance of the plea and sentence
thereon pending successful completion of such conditions as
may be imposed by the court pursuant to subsection (2) of
this section. In all misdemeanor criminal cases, other than
crimes against the person, the justice or municipal court
shall be empowered, upon the entry of a plea of guilty by a
criminal defendant, to withhold acceptance of the plea and
sentence thereon pending successful completion of such
conditions as may be imposed by the court pursuant to
subsection (2) of this section. No person having previously
qualified under the provisions of this section or having
ever been convicted of a felony shall be eligible to qualify
for release in accordance with this section. A person shall
not be eligible to qualify for release in accordance with
this section if such person has been charged (a) with an
offense pertaining to the sale, barter, transfer,
manufacture, distribution or dispensing of a controlled
substance, or the possession with intent to sell, barter,
transfer, manufacture, distribute or dispense a controlled
substance, as provided in Section 41-29-139(a)(1), except
for a charge under said provision when the controlled
substance involved is one (1) ounce or less of marijuana;
(b) with an offense pertaining to the possession of one (1)
kilogram or more of marijuana as provided in
Section 41-29-139(c)(2)(F) and (G); or (c) with an offense
under the Mississippi Implied Consent Law.
(2)(a) Conditions which the circuit, county, justice or
municipal court may impose under subsection (1) of this
section shall consist of:
(i) Reasonable restitution to the victim of the crime.
(ii) Performance of not more than nine hundred sixty
(960) hours of public service work approved by the court.
(iii) Payment of a fine not to exceed the statutory
limit.
(iv) Successful completion of drug, alcohol,
psychological or psychiatric treatment or any combination
thereof if the court deems such treatment necessary.
(v) The circuit or county court, in its discretion, may
require the defendant to remain in the program subject to
good behavior for a period of time not to exceed five
(5) years. The justice or municipal court, in its
discretion, may require the defendant to remain in the
program subject to good behavior for a period of time not to
exceed two (2) years.
(b) Conditions which the circuit or county court may
impose under subsection (1) of this section also include
successful completion of a regimented inmate discipline
program.
(3) When the court has imposed upon the defendant the
conditions set out in this section, the court shall release
the bail bond, if any.
(4) Upon successful completion of the court-imposed
conditions permitted by subsection (2) of this section, the
court shall direct that the cause be dismissed and the case
be closed.
(5) 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.
§ 99-15-57. Relief for certain persons who pled guilty within six months
prior to the effective date of section 99-15-26.
(1) Any person who pled guilty within six (6) months prior to the
effective date of Section 99-15-26, Mississippi Code of 1972, 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 the effective date of
Section 99-15-26 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.
§ 9-23-23. Successful completion of drug court may result
in expunction of criminal record.
If the participant completes all requirements imposed upon
him by the drug court, including the payment of fines and
fees assessed, the charge and prosecution shall be
dismissed. If the defendant or participant was sentenced at
the time of entry of plea of guilty, the successful
completion of the drug court order and other requirements of
probation or suspension of sentence will result in the
record of the criminal conviction or adjudication being
expunged. However, no expunction of any implied consent
violation shall be allowed.
