Mississippi 2023 Regular Session

Mississippi Senate Bill SB2305

Introduced
1/16/23  
Refer
1/16/23  

Caption

Expungement; consolidate statutes concerning.

Impact

The bill redefines the processes surrounding expungement by repealing outdated provisions and establishing new eligibility criteria for individuals to have their records expunged. It specifies that individuals who complete intervention court programs or certain other requirements may petition for expungement. This means that individuals who have made efforts at rehabilitation or who have not engaged in further legal trouble can regain a degree of normalcy by removing the stigma of a criminal record. However, some provisions restrict expungement for specific serious offenses, maintaining a balance between allowing rehabilitation and ensuring public safety.

Summary

Senate Bill 2305 aims to consolidate and simplify the existing statutes governing the expungement of criminal records in Mississippi. This legislation creates a unified expungement statute that outlines the legal effects of expungement orders and specifies which misdemeanor and felony convictions can be expunged. The bill also introduces provisions for expungement of certain offenses, including a first-offense DUI conviction and charges related to the purchase of light wine or beer by minors, enhancing pathways for individuals seeking to clear their records after successful rehabilitation or by fulfilling certain criteria.

Contention

While the intentions behind SB2305 include enhancing reintegration for rehabilitated offenders, there may be concerns from various stakeholders regarding the implications of such changes. Critics argue that the expungement of records may hinder the ability of law enforcement to track repeat offenders and enforce laws effectively. Furthermore, the retention of records for enforcement purposes poses questions about transparency and public safety. The balance between providing second chances for former offenders and protecting community safety remains a focal point of contention among legislators and advocacy groups, highlighting differing views on criminal justice reform in Mississippi.

Companion Bills

No companion bills found.

Similar Bills

MS SB2361

Expungement; consolidate statutes concerning.

MS SB2267

Expungement; consolidate statutes concerning.

MS HB629

Expungement; clarify procedures in all courts.

MS SB2331

Expungement; consolidate statutes concerning.

MS SB2240

DUI law; revise fourth offense of and require all expunctions to be confidentially registered.

MS HB1615

Implied consent laws; authorize nonadjudication for violation under certain conditions.

MS HB1572

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MS HB1252

Implied consent laws; authorize nonadjudication for violation under certain conditions.