Mississippi: Adult Diversion/Deferral Program (MS-D-3)

Records of a case dismissed following the successful completion of a drug court program will be expunged. However, no expungement of any implied consent violation is allowed. Miss. Code Ann. § 9-23-23.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

See section 9-23-15 for requirements for participation in drug courts.

Procedure General

The procedure is automatic. Upon the successful completion of all the requirements imposed by the court, the charge and prosecution will be dismissed, and the record of the criminal conviction or adjudication will be expunged. Miss. Code Ann. § 9-23-23.

Fees

There is no statutory language regarding fees.

Effect

The record is expunged. Miss. Code Ann. § 9-23-23.

Waiting Periods

There is no statutory language regarding a waiting period.

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