Dui/possession And Expungement

I came upon a road block last Sunday and was arrested for DUI and possession of marijuana. :smack: This happened in Mississippi, I was wondering if I could get these charges expunged or cleared off of my record? I have looked on google but couldn’t really find anything. I was wondering if anyone knew about expungement in Mississippi. I was thinking about going to Pharmacy school but now with this possession charge I do not know if I will be able to. Any help would be greatly appreciated. And If I do happen to get this expunged will the pharmacy school be able to find out about my arrest.

Get a lawyer.

–Cliffy

You definitely want a lawyer to help you with this. There are definitely things that can be done to help you.

I found this statute for instance.

You aren’t really interested in traditional expungement [interesting aside–expungement is not a real word. The word should be expunction, but some legislatures call it expungement anyway. Most call the process “sealing the file” or something like that.] The problem with traditional expungement is that it usually happens after you have been convicted and stayed clean for a number of years. You want to prevent the conviction from appearing on your record in the first place, if you can. Or removed as quickly as possible.

A good lawyer will know of some tricks. For instance, if you plead guilty to a violation of a local ordinance instead of a state statute, you can sometimes, in some states, prevent the conviction from appearing on your record.

Many jurisdictions have diversion programs for drug and alcohol offenders. These programs vary a lot. Some of them can result in no charges being pursued in the first place. The statute that I cited above allows expunction, note the correct usage, of a conviction if you comply with a drug court order under some circumstances. So you have some hope. But you need to talk to an expert in your jurisdiction. Get somebody good, and local.

If your career is at stake, it is worth investing whatever it costs to get the best outcome. Shop around for a lawyer. Ask questions.

Good luck.

Thanks for your advice fellas, I did not know that expungement was not a word. Well I know that in Louisiana there are drug courts and diversionary programs. My brother did a diversionary for a marijuana arrest on Bourbon Street. But Mississippi does not have the diversion program. Possession of marijuana in Mississippi is only a 304.00 fine. While in Louisiana it is possible to serve jail time but the sentence is usually suspended. Arg… I don’t have any money for a lawyer. If anyone else has any advice or input it would be greatly appreciated. Thanks.

I doubt that you can get a marijuana arrest expunged, unless it can be proven to not have been the drug.

Back during the reign of Bush The Elder, the law was changed so that drug infractions never go away from your record. At least this was the case with regards to immigration. I was stopped coming into the US with a small amount of pot and was refused entry (this was 1985). I was never arrested or charged with any crime. I had been told that if I had no ‘issues’ the reference to pot would be removed after 6 or 7 years. However, because of the law change that information will never go away. Not too big of an issue since I now have a green card, but just the same I wouldn’t hold my breath waiting for the charge to be expunged.

Killuminati: You can’t afford not to have a lawyer. Beg, borrow, (do not steal, however) but get a lawyer. You may still get convicted, but without a lawyer, you will positively get convicted.

Not sure about ole Miss, but in Florida there is an expunction and there is a sealing. Having a record sealed not not remove it from your record, but might as well, since no one can get to it. Only Law Enforcement and such.
Having something expunged means the arresting department actually destroys all documents and information pertaining to the arrest. They also see what other agencies have requested the information and send those agencies letters explaining that the records are being expunged and they should destroy anything they have pertaining to the arrest. This is all court ordered.

The down side is that even if something was expunged, you still have to admit to it when applying for government jobs. Especially law enforcement jobs. Not sure about pharmacy. Im pretty sure you wouldnt have to say anything.

But an expunction would not be possible for a coupld years unless you can get it thrown out of court. Which isnt likely. Im not sure what the requirements for having something sealed over there is, though.
I did my own expunction here in Florida. A lawyer was going to charge me 500 bucks. Fuck that. Like I have that kind of money…
My arrest was only an arrest. The state attorney never formally charged me with the crime (because what i did wasn’t illegal. asshole cop!). Anyway, I still had this arrest on my record though. But since it was thrown out, or rather, never even charged by the DA, I was able to proceed with an expunction.
It wasn’t even that hard. I just had to type of some forms and fill some crap out. Then appear in front of a judge and pay some court costs. No big deal. I did it myself at 19!! 500 dollars my ass. It costs me somewhere around 50 dollars after court costs.
If I had been guilty or plea bargained or something, I think I could still have had it sealed, but not expunged.
See what your options are in Miss.
But first things first… get the DUI taken care of!!! THEN worry about expunging or sealing it!
Definitely get a lawyer for the DUI. Then look into the expungement/sealing on your own. Cause it’s pretty easy!!!

Out of curiousity, as a recent MS transplant, where was the roadblock?

The roadblock was in Pearl River County Eleusis they had them on both entrance ramps going into town.

This is Texas I’m referring to and may not apply to all states, but I got a DWI 2 1/2 years ago (alcohol only, no drugs) and I didn’t have any choice but to get a lawyer, even though I was foolish enough to submit to a breathalyzer test and hence had no real way of contesting it. Cost me $1800 although I found out later I could have gotten one cheaper if I’d shopped around. He did let me pay it out $300/mo over 6 months though.

Out of curiosity, what were you charged with being under the influence of? If pot, how do they show intoxication?
I agree. Get a lawyer, and good luck.
You can find quite a lot of info at norml.org plus leads on lawyers.
Peace,
mangeorge

if you really can’t afford a lawyer (and if you get convicted without one and slapped with a big fine you’ll find a way to pay it, won’t you?), is there a law school near you? some law schools have student-run clinics that offer free or cheap advice.

might be too late for you, but here are tips for others caught at roadblocks (of course, if you’re thinking clearly enough to follow them you’re probably safe anyway)

http://www.roadblock.org/whattodo.htm
http://consumer.usatoday.findlaw.com/dui/faq.html

where did this come from? Or maybe why?
I vaguely remember it, but I did nothing to bring it this time. I got it today at 4:00 PDT.
Peace,
mangeorge

I don’t know, but he should be done with pharmacy school by now.

Or not.

Hmm. . . Sounds like about 20 minutes too early.

Dang, another mystery!