Q An individual was convicted of two misdemeanor charges on the same date at the same time. May a petition filed for expungement of both charges as a first offender under Section 99-19-71(1) be granted on both charges?

A No. Since the convictions occurred on the same date and at the same time, the petitioner must choose one of the convictions to be expunged. Once that has occurred, the petitioner is no longer a first offender and may not have the other charge expunged under Section 99-19-71(1). (Attorney General’s Opinion to Morris dated November 14, 2011)