- December 15, 2019
- Lingold Spencer
- Criminal Defense
“Jingle Bells…Jingle Bells…..Jingle all the way…”
It is that time of the year again where Christmas music fills the air; Temperatures begin to plummet; Houses are decorated for Christmas with a trimmed tree in the front window; and people are cheerful wherever you may go.
It is officially the Christmas Season.
With Christmas, come the Holiday parties. White elephant exchange, black tie event, tacky Christmas sweater, no matter what the theme is, there is always one thing in common that is prevalent at most Holiday parties. Alcohol.
Have you had one drink too many at a holiday party and then proceeded to drive? Were you ever convicted of DUI? Fortunately for some, the scarlet letter on their driving record could possibly be expunged. In Mississippi, House Bill 481 recently went into effect on July 1, 2014 and changed the landscape of first time offenders of a DUI.
You May Be Eligible for an Expungement of a DUI
If you were convicted of a DUI, you now have the possibility of having your record expunged. However like every other law, there are some strings attached in order for your DUI conviction to be expunged. Specifically, five requirements exist for the local circuit court to expunge your DUI conviction. The conditions are as follows:
- All conditions of the sentence must be complete and all fines and costs must be paid. As well, as any other conditions such as MASEP must be completed
- Expungement is NOT available where you refused the breath and/or blood test.
- Blood Alcohol content must be below .16% if the test results are available
- You must not have received a subsequent DUI or have been convicted of DUI charge
- Must provide justification for the expungement of DUI
It is drastically important to have your DUI conviction expunged if the above is applicable to you. A DUI conviction cannot only affect your job, it could also affect your ability to travel, your credit score, your bank account, and possibly have suspensions to your professional licenses. This is just the beginning of the ramifications that a DUI can affect.
Are you currently a first time offender of a DUI and could possibly meet the requirements for an expungement of that DUI? If so, please do not hesitate to call our office to schedule a consultation.
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