Q May a person who has had a DUI nonadjudicated pursuant to Section 63-11-30(14) have the DUI expunged?

A Yes, the provision for a confidential registry of all nonadjudicated cases under Section 63-11-30(14) (e)(i) authorizes automatic expungement by the nonadjudicating court, or upon petition, of the public record of the arrest and charge. To not expunge the record nullifies the mandated provision of the confidential registry. Also, Section 99-15-26, which provides for expungement of nonadjudicated misdemeanor cases in justice or municipal court, simply provides that violations under the Mississippi Implied Consent law can only be nonadjudicated under the provisions of Section 63-11-30. It does not provide that the DUI nonadjudication cannot be expunged under Section 99-15-26. (Attorney General’s Opinion to Wilson, March 16, 2017)