Eubanks v. State
| Docket Number: | 2009-CA-01922-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-08-2011 Opinion Author: Carlton, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Expungement - Section 99-15-26 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 11-19-2009 Appealed from: PEARL RIVER COUNTY CIRCUIT COURT Judge: PRENTISS HARRELL Disposition: RENEWED MOTION TO EXPUNGE DENIED Case Number: 7509-2 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Harold Z. Eubanks |
LEE TURNER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Expungement - Section 99-15-26 |
| Summary of the Facts: | Harold Eubanks pled guilty to one count of felony DUI in 1993 and received a ten-year suspended sentence and was placed on probation for five years. In May 1999, Eubanks filed a petition for expungement, which was granted on June 5, 2009. The order of expungement was later vacated by the circuit court on June 30, 2009. Eubanks appeals. |
| Summary of Opinion Analysis: | Eubanks argues that the circuit court erred in failing to utilize its inherent equitable powers and adopt “equitable expungement,” which he claims would allow the circuit court to expunge all public records relating to his DUI conviction. A circuit court lacks the inherent power to order the expungement of criminal records. However, section 99-15-26 grants a circuit or county court the power to expunge a felony conviction pursuant to a guilty plea under certain conditions. Eubanks pled guilty to one count of felony DUI, a conviction which falls within the purview of the Mississippi Implied Consent Law. Section 99-15-26 expressly prohibits a person charged with an offense under the Mississippi Implied Consent Law to be eligible for expungement. Thus, the circuit court did not err in denying Eubanks's petition for expungement. |
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