If you have been charged with a DUI in Mississippi, you may have heard about the option of non-adjudication DUI in Mississippi as a way to avoid a conviction on your record. But does a non-adjudicated DUI still appear on a background check? Understanding how non-adjudication affects your record is crucial for anyone seeking employment, housing, or professional licensing.
Will a Non-Adjudication Show on a Background Check in Mississippi?
A non-adjudication DUI in Mississippi will not result in a conviction, but it may still appear on certain types of background checks. The record of your arrest and participation in a non-adjudication program can still be accessed by law enforcement agencies and certain employers, especially those conducting extensive background screenings.
Mississippi law does allow for the expungement of non-adjudicated offenses under certain conditions. Once expunged, the record should not be visible to standard background checks conducted by most employers or landlords.
That being said, certain government agencies, law enforcement, and professional licensing boards may still have access to your record.
What Does Non-Adjudicated Mean in Mississippi?
So what does non-adjudicated mean in Mississippi? In Mississippi, the meaning of non-adjudicated refers to a legal process where a person charged with a crime, such as a DUI, enters a court-approved diversion program. Upon successful completion of the required terms (such as attending alcohol safety programs, paying fines, and maintaining good behavior) the court does not enter a conviction. Instead, the charge is dismissed, and in many cases, eligible for expungement.
Non-adjudication provides an alternative to traditional criminal penalties, allowing defendants to avoid the long-term consequences of a Mississippi DUI conviction. However, participation in a non-adjudication program is not automatic and requires approval from the court and the prosecutor’s office.
How Far Back Does a Background Check Go in Mississippi?
The length of time a background check covers in Mississippi varies depending on the type of check being conducted. Mississippi does not have a strict look-back period for criminal records, meaning that unless a record is expunged, it can appear indefinitely.
For most employment-related background checks, records from the last seven to ten years are typically considered. However, positions in law enforcement, healthcare, education, and government may involve deeper searches, revealing records beyond that timeframe.
A non-adjudication record, if not expunged, can still be accessible to certain entities even if it does not result in a conviction.
What Is the Non-Adjudication Statute in Mississippi?
The non-adjudication DUI Mississippi statute is outlined in Mississippi Code Annotated § 63-11-30. This statute allows first-time DUI offenders to apply for non-adjudication, provided they meet specific conditions set by the court. Key requirements often include:
- A plea of guilty to the DUI charge, which is held by the court but not entered as a conviction
- Completion of an alcohol safety education program
- Payment of fines and court costs
- Compliance with probationary terms, such as avoiding further legal trouble
Once these conditions are satisfied, the court dismisses the DUI charge, and the defendant may petition for expungement. Expungement removes the record from most standard background checks, though certain entities may still have access to it.
Get Help For A Non-Adjudication DUI Today!
A non-adjudication DUI in Mississippi provides a path to avoid a conviction, but it does not guarantee that the record will be invisible in all background checks. Understanding the nuances of non-adjudication and expungement laws is essential if you are concerned about the impact on your record.
If you are facing a DUI charge and considering non-adjudication, consulting a Mississippi DUI lawyer can help you navigate the process and ensure you take the necessary steps to protect your future. Contact an experienced attorney today at 1-888-839-4384 to discuss your options and determine whether non-adjudication is the right choice for your case.
More Mississippi DUI Resources
If you’d like to learn more about non-adjudication DUIs showing up on background checks in Mississippi or other aspects of Mississippi DUI law, read some of our informative articles below.
