Mississippi: Adult Diversion/Deferral Program (MS-D-2)

Records of a case with a noncriminal disposition following the successful completion of a pretrial intervention program can be expunged by the court. Miss. Code Ann. § 99-15-123.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See section 99-15-107 for eligibility criteria for pretrial intervention.

Procedure General

Upon the successful completion of a pretrial intervention program, the court will make a noncriminal disposition of the charge or charges pending against the offender. Thereafter, a petition to expunge the record must be filed in the court that had jurisdiction over the case. For the specific procedure, see Miss. Code Ann.§§ 99-15-101 et seq.

Fees

There is no statutory language regarding fees.

Effect

The record is expunged. Miss. Code Ann. § 99-15-123(3).

Waiting Periods

There is no statutory language regarding a waiting period.

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