Mississippi Petition Requesting Expunction of Record
What this document covers
The Petition Requesting Expunction of Record is a legal document used to erase a criminal arrest record when the charges have been dropped, dismissed, or there was no further action taken on the matter. This petition is essential for individuals seeking to clear their names and improve their chances for employment or housing. Unlike other forms related to criminal records, this form specifically addresses situations where no conviction occurred, making it a vital tool for those who have faced legal issues that did not result in a guilty finding.
Key parts of this document
- Petitioner's details: Name, address, and contact information of the individual filing the petition.
- Incident information: Details of the arrest, including date, location, and case number.
- Legal grounds: A statement citing Miss.Code.Anno. Section 99-19-71 to establish the basis for expunction.
- Verification: A section where the petitioner affirms the truth of the information provided.
- Signature: A space for the petitioner to sign and date the petition.
When this form is needed
This form should be used when an individual has been arrested, but the charges were dropped or no formal disposition occurred. Common scenarios include situations where a person was falsely accused, where no evidence was presented to support the charges, or where charges were dismissed in court. Using this petition helps individuals formally request the removal of their arrest record, thus alleviating potential future obstacles in their daily lives.
Intended users of this form
- Individuals with a criminal arrest record where charges were dropped or dismissed.
- People seeking to improve their employment opportunities by clearing their record.
- Anyone who wants to ensure that their arrest record does not affect their ability to secure housing.
- Individuals looking to restore their reputation after an arrest that did not lead to a conviction.
How to complete this form
- Fill in your personal details, including your full name, address, and contact information.
- Provide information about the incident, including the date of the arrest and the circumstances leading to it.
- Cite the relevant legal grounds for the expunction, quoting Miss.Code.Anno. Section 99-19-71.
- Review the completed form for accuracy and completeness.
- Sign and date the form to verify that the information provided is true.
Does this form need to be notarized?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Failing to provide complete and accurate information about the arrest.
- Neglecting to reference the correct legal statute for expunction.
- Not signing or dating the petition, which can result in delays.
Benefits of using this form online
- Convenient access: Download and complete the form from the comfort of your home.
- Editability: Easily make changes to the form before submission.
- Reliability: The forms are drafted by licensed attorneys ensuring legal compliance.
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FAQ
A: Arrest and conviction records aren't automatically expunged or sealed after a period of years. Individuals seeking expungement generally have to apply (in writing) and follow the established procedure.
To get a conviction expunged under this statute, you need to retain a Mississippi expungement lawyer or attorney. A Petition for Expungement must be filed. At the end of the process, should the judge find you have been rehabilitated, he will enter the expungement Order.
Expungement and sealing Federal authorities and law enforcement can still view sealed records. This includes the FBI and the U.S. Citizenship and Immigration Services (USCIS).This is the case even if they are expunged or sealed.
Only six felonies in Mississippi can be expunged: drug possession, larceny, bad check crimes, false pretenses, shoplifting, and malicious mischief.
Expungement vs. Record Sealing. The key difference between expunging a person's criminal record and sealing it is that a sealed record still exists in both a legal and physical sense, while expungement results in the deletion of any record that an arrest or criminal charge ever occurred.
Filing fees and costs vary, depending on the severity of your criminal record. Typically, the filing fees range from $85 to $150. If you hire an expungement or criminal defense lawyer, you may also be charged for attorney fees and other costs.
For immigration purposes a criminal conviction will always exist, no matter whether a court expunges your record or not. That said, even if you do have a criminal record expunged, sealed, or not you may still be able to immigrate to the United States.
How long do I have to wait to have a misdemeanor expunged? Depending on the charge, usually 1-5 years after completion of the court ordered sentence.
If your record is expunged, you can answer "No, I do not have a criminal record." By law, an employer is not allowed to ask you about any charges, arrests or convictions that have been expunged from your record. After the record is expunged, it is legally considered to no longer exist.