Legal Question in Criminal Law in Mississippi

Expungement

I am trying to get my record expunged and having trouble. I was sentenced at 24 with prescription forgery and received nonadjudicated probation. This was revoked after I tested positive for marijuana at 26 and the charge became adjudicated. I was incarcerated and have served my time plus the parole and have been discharged. This was 5 years ago. I am a Registered Nurse and have recently had my nursing license reinstated but am technically unemployable with a felony record. I live in Mississippi. Any suggestions??


Asked on 3/30/09, 5:28 pm

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

Re: Expungement

Under the provisions of Section 41-29-150 Miss. Code of 1972 any person convicted under the provisions of Section 41-29-139(c) or Section 41-29-139(d) can have the conviction expunged if it is the only conviction against that person and if the offense was committed prior to the 26th birthday, and that person may apply to the court for an order to expunge the conviction from all official records. Therefore, the exact nature of the conviction would need to be analyzed. If your charge was "fraudulent possession of the narcotics" then it can be expunged, almost without doubt. If the offense charged was "false pretense in the procurement of the narcotics" then there is a good chance the conviction may still be expunged. It will be necessary to petition the Court for an Order expunging the conviction to determine if the court will grant the relief desired.

Read more
Answered on 3/31/09, 3:32 pm


Related Questions & Answers

More Criminal Law questions and answers in Mississippi