Can I have the record of my Mississippi DUI conviction expunged?

It is not possible for an adult over the age of 21 to have their record cleared of a DUI conviction in Mississippi.  The general misdemeanor expungement statute, Miss. Code Ann. § 99-19-71, states that any person convicted of a misdemeanor, and who is a first offender, can ask the court to expunge all public records of the conviction.  But the statute excludes convictions for traffic violations, and the Mississippi Attorney General has interpreted a DUI conviction to be a traffic violation within the meaning of that statute.  1986 WL 81985, (Miss.A.G.), October 16, 1986.

If you are under the age of 21, however, the law is different.  Section 63-11-30(3)(g) of the Mississippi Code Annotated (the DUI statute) gives courts the discretion to nonadjudicate a first offense DUI for a person under the age of 21.  This can happen only once.  After the charge is nonadjudicated the court may then expunge the records of that first conviction on its own motion or upon the defendant’s request.  2001 WL 1627694, (Miss.A.G.), November 30, 2001, Opinion No. 2001-0719.  So if you are under the age of 21 you may have a chance.