HB 658 — Felony conviction expungements; revise number that one may be eligible for.

HB 658 (As PassedSent theto House)Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representatives Sanford, Karriem, Anthony House Bill 658 (As PassedSent theto House)Governor) AN ACT TO AMEND SECTION 99-19-71, MISSISSIPPI CODE OF 1972, TO AUTHORIZEREVISE EXPUNGEMENTTHE NUMBER OF MULTIPLEFELONY CONVICTIONS ELIGIBLE FOR CERTAINEXPUNGEMENT; VIOLATIONS OF THE CONTROLLED SUBSTANCES LAW;

     99-19-71.  (1)  Misdemeanors.  Any person who has been convicted of a misdemeanor that is not a traffic violation, whether after a trial or after entry of a plea, and who is a first offender, may petition thethe * * * justice, county, circuit or municipal court in which the conviction was had for an order to expunge any such conviction from all public records.

     (2)  Felonies.  (a)  Except as otherwise provided in this subsection, a person who has been convicted of a felony and who has paid all criminal fines and costs of court imposed in the sentence of conviction may petition the court in which the conviction was had for an order to expungeexpunge * * * one (1) conviction,any orsuch inconviction the case of a violation for controlled substance, multiple convictions for violations as of Sections 41-29-139, 41-29-144, 41-29-145, 67-1-17, 67-1-81(2), 67-3-13 or 67-3-70, from all public records five (5) years after the successful completion of all terms and conditions of the sentence for the conviction upon a hearing as determined in the discretion of the court;

                                (i)  A crime of violence as provided in Section 97-3-2;

                                (ii)  Arson, first degree as provided in Sections 97-17-1 and 97-17-3;

                                (iii)  Trafficking in controlled substances as provided in Section 41-29-139;

                                (iv)  A third, fourth or subsequent offense DUI as provided in Section 63-11-30(2)(c) and (2)(d);

                                (v)  Felon in possession of a firearm as provided in Section 97-37-5;

                                (vi)  Failure to register as a sex offender as provided in Section 45-33-33;

                                (vii)  Voyeurism as provided in Section 97-29-61;

                                (viii)  Witness intimidation as provided in Section 97-9-113;

                                (ix)  Abuse, neglect or exploitation of a vulnerable person as provided in Section 43-47-19;

or                                 (x)  Embezzlement as provided in Sections 97-11-25 and 97-23-19.

     ExceptA forperson * * *is ashall personbe who is convicted of a violation for controlled substance under the provisions of Sections 41-29-139, 41-29-144, 41-29-145, 67-1-17, 67-1-81(2), 67-3-13 or 67-3-70, a person is eligible forfor * * *only only one (1) felonyno expunction under this paragraph.  A person who has violated Sections 41-29-139, 41-29-144, 41-29-145, 67-1-17, 67-1-81(2), 67-3-13 or 67-3-70 is eligible for more than onethree (1)(3) felony expunctionexpunctions under this paragraph.  For the purposes of this section, the terms "one (1) conviction" and "one (1) felony expunction" mean and include all convictions that arose from a common nucleus of operative facts as determined in the discretion of the court.

     SECTION(6)  2.  This actsection shallapplies taketo effectall andconvictions benot inexcluded force from andeligibility afterwhether Julyentered 1,before, 2020,on, andor shallafter standthe repealedeffective ondate Juneof 30,this 2020.act.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2020.