JCA | Mississippi Construction & Insurance Law

Non-Adjudication and Expungement of DUI

As of October 1, 2014, Mississippi law allows DUI offenders a one-time opportunity to have their first offense non-adjudicated or expunged under Mississippi Code Annotated Section 63-11-30. 

A non-adjudication is where the judge withholds a judgment of guilt after a guilty plea or trial. To qualify for a non-adjudication, a petition for non-adjudication must be filed with the Court before conviction, and whether your case will be non-adjudicated is left to the discretion of the Court. If the Court permits the non-adjudication, the person will be ordered to pay a $250 fee, pay all fines for conviction, and complete an alcohol safety education program. After successfully completing the program, the person can continue driving if he or she installs an ignition interlock device on every vehicle driven by that person, obtains an interlock restricted license, and maintains it for 120 days. After the 120 days, the person must obtain proof from the interlock vendor that there were no violations of the interlock device during that time. After all of these conditions are satisfied, the court will enter an order of non-adjudication. 

To have a previous DUI offense expunged from your records, the person must wait at least five (5) years after completing all terms and conditions of his or her sentence. It is only available to a person who: (1) has successfully completed all conditions of his or her sentence, (2) did not refuse a breath or blood test, (3) had a blood alcohol concentration (BAC) under .16%, and (4) has not been convicted of or have any other pending DUI offenses.

If you are interested in petitioning the jurisdiction in which you have been charged or convicted of a DUI, please contact Richard Davis at Jernigan, Copeland & Anderson, PLLC for a free consultation to determine whether you may be eligible and/or if you would like to engage our firm for representation in proceeding further.

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