Removing Your Criminal Record and Hunting Again

The attorneys of Coxwell & Associates are currently working on some new pages for our website that will inform people about what we call expungements or expunctions. This is just a legal way of saying that your criminal record is cleared. There are over 4500 Federal Laws and regulations. There are probably just as many State, County, or City laws and ordinances. We encounter many good people who have made some bad choices in their life and end up with a criminal record, either a felony or a misdemeanor. A felony is a crime that is punishable by a year or more in the State Prison. By this I mean crimes like larceny or stealing something worth more than $500.00 dollars, auto theft, burglary, possession of most drugs, robberies, identity theft, and many others. A misdemeanor is a crime that does not have as part of the punishment any jail time in the State Prison. While misdemeanors are considered less severe than felonies, many misdemeanor crimes can result in up to a year in jail and a $1,000.00 fine. These days employers are carefully looking at criminal records.

Mississippi is not by any means one of the better States when it comes to cleaning up your criminal record. In Mississippi a person can get any record of an arrest removed if they were not prosecuted. While this may not sound important it is something everyone should do. I cannot stress enough the value of having a perfectly clean criminal record or at least as clean as the law will allow. There are a couple of laws governing the removal of misdemeanors. One requires you to be a first offender. The other requires you to prove you have had “good behavior” for two (2) years. Obviously if you plead guilty or are found guilty of a misdemeanor and given two (2) years probation, you cannot ask for an expungement until after the probation is concluded. We handle approximately five (5) expungements per week for people who want to clean up their background record.

Unfortunately, in Mississippi you can only expunge one type of felony conviction and that is the possession of controlled substances (drugs) if the offense took place when you were under twenty six (26) years of age. This is an area where our State is behind many other States. It has always been my opinion that if you serve your punishment for a crime, then you should be able to clear your record. I understand there should be exceptions to this rule for sex offenders and some violent crimes. Also, if you were under deferred adjudication or Pretrial Diversion you are also permitted to remove the record of your arrest.

Expungement means cleaning up you criminal arrest or conviction record. You can remove almost all misdemeanors (except traffic tickets & driving under the influence) from your record. Only drug convictions for possession when you were under twenty six (26) can be taken off your record. If you have a criminal record call and discuss it with one of our attorneys. The cost is under $1,000.00 dollars and we will work quickly to help you.

When a person gets a State felony conviction they can no longer own or possess a gun or ammunition for any reason. Let me repeat that: If you get a felony conviction, you cannot own or possess a weapon or ammunition, even for self defense. This means you cannot hunt. There is a procedure in Mississippi Law that may help you. It is called a Certificate of Rehabilitation. It must be granted by the Judge or Court where you pleaded guilty. If you can obtain a Certificate of Rehabilitation then you are allowed to hunt. In Mississippi where we have such an abundance of wild game and hunting is how many people grew up, restoring your hunting rights can be important to many people. Recently I had a man call asking for a rehabilitation so he could hunt with his ten (10) grandchildren. He came in and hired us to begin the process of a Certificate of Rehabilitation. I am looking forward to the day I call and let our client know that he can take his grandchildren hunting.

At Coxwell & Associates we handle all types of criminal offenses, from misdemeanors to felonies, and in Federal Court, State Court, County, Justice and City Court. Helping our clients takes us to every corner of the State. We also handle serious injury cases of every kind. We do not handle fender benders. We can probably give you the advice to handle this type of accident yourself. It requires having the same information as the insurance adjuster and knowing your rights.

Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.

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