VOTING RIGHTS RESTORATION AND EXPUNGEMENTS

In light of the recent social unrest that is prevalent in the United States and globally, I am reminded of the effort and battles that my forefathers and ancestors endured to allow me to sit behind the desk of the District Attorney for the Fourth District of Mississippi. When you look across our Country, many people are upset, angry and feel a sense of displeasure with our Country.

In times like this, a statement made by Tuskegee Airman Colonel Benjamin O. Davis often comes to mind, “There is no greater conflict within me than how I feel about my country and how my country feels about me?

Student Non-violence Coordinating Committee (SNCC) was founded on the principles of nonviolent social justice with a mind towards gaining voter rights for all people. Somewhere along the way, citizens have lost sight of one of the most important ways that you can impact policy and procedures within your community. VOTE!!!!

For many Americans, they think they have lost this right to vote due to previous transgressions, but they are misinformed. Under the laws of the State of Mississippi, convicted felons maintain the right to vote unless they have been previously convicted of one of the 22 Disenfranchising Crimes. If an individual has been convicted of any crime outside of the enumerated 22, they still maintain the right to vote in the State of Mississippi. This holds true whether the election is for local office, statewide office, or even a national office such as the 2020 Presidential election. The 22 felony convictions for which you lose the right to vote in Mississippi include the following:

1. Arson
2. Armed Robbery
3. Bigamy
4. Bribery
5. Embezzlement
6. Extortion
7. Felony Bad Check
8. Felony Shoplifting
9. Forgery
10. Larceny
11. Murder
12. Obtaining Money or Goods via False Pretenses
13. Perjury
14. Rape
15. Receiving Stolen Property
16. Robbery
17. Theft
18. Timber Larceny
19. Unlawful Taking of Motor Vehicle
20. Statutory Rape
21. Carjacking
22. Larceny Under Lease or Rental Agreement

The biggest threat to progress in life is ignorance. I implore all citizens, whether completely law abiding or those that have had previous transgressions to know their rights and not be afraid to stand up for their God given rights in this country.

Beginning on August 1, 2020, you will be able to review and utilize sample documents to expunge any charges, arrests, and in some cases a conviction where the law allows. See msdeltada.com for more details.

Pursuant to Mississippi Code sections 99-15-26 and 99-19-71, defendants can have their records expunged for various reasons. Some of which include being arrested or charged but never convicted; having completed court ordered conditions where the defendant was never adjudicated guilty such as completing a drug court program, a non-adjudication program or a diversion program; or for even having a felony conviction for a crime that is expungable under Mississippi law.

In the State of Mississippi, citizens are allowed expungement of one conviction after five years has passed since being convicted on the condition that all court imposed terms are met and as long as that crime was not one listed in Mississippi Code 99-19-71 (2)(a) which explicitly lists which crimes are not allowed to be expunged under Mississippi law. Those crimes include:

(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

On my website, msdeltada.com, you will be able to review the relevant laws and documents necessary to achieve an expungement of their record when allowed under the laws of Mississippi. It is my hope that every citizen who desires to clean their record will do so and that every citizen that desires to vote will do so in every election.

America declared itself an independent nation on July 4, 1776. African Americans were finally notified of their freedom on June 19, 1865 even though the Emancipation Proclamation was signed on January 1, 1863. In 1870, the 15th Amendment to the U.S. Constitution guaranteed that no one could be denied or abridged their right to vote by the United States nor any state based on race, color, or previous condition of servitude.

With that said, if any citizen truly wants to be the Change Agent that they consider themselves to be, then they should do what is necessary and exercise their God given right to vote. As Barack Obama stated at the 2016 National Convention, “Don’t Boo, VOTE!”

Contact: W. Dewayne Richardson District Attorney, Fourth Circuit Court District | 662-378-2105

Breaking News

20th
November
20th
Nov

Washington County Murderer Gets 25 Year Sentence

Greenville, MS- David Brown pled guilty to Second Degree Murder in Washington County Circuit Court, District Attorney W. Dewayne Richardson announced today. Richardson said, “David Brown was set for trial on this week of court, but instead he pled guilty […]... read more

18th
November
18th
Nov

LeFlore County man Sentenced for 2019 Killing of Laroy Booker

Greenwood, MS – District Attorney W. Dewayne Richardson announced this week that on Monday, November 16, 2020, Janarius Street pled guilty in Leflore County Circuit Court for the murder of Laroy Booker. On Christmas Day in 2019, deputies with the […]... read more

10th
November
10th
Nov

ARMED ROBBER SENTENCED TO 24 YEARS

District Attorney W. Dewayne Richardson announced this week that Mychal Roberts pled guilty Monday, November 2nd, in Washington County Circuit Court for using a firearm to rob several Greenville businesses, including Pizza Hut, Subway, and Double Quick. With the case […]... read more

9th
November
9th
Nov

REPEAT FELON SENTENCED IN CONTRABAND CONSPIRACY CASE

District Attorney W. Dewayne Richardson announced this week that Johnathan Sutton pled guilty Monday, November 2nd, in Washington County Circuit Court to the charges of Possession of a Firearm by a Convicted Felon and Conspiracy to Introduce Contraband into the […]... read more

resources

Attorney General

www.ago.state.ms.us

MDOC

www.ms.gov

Federal Prisoners

www.bop.gov

Sex Offender Registry

state.sor.dps.ms.gov

AG Victim Unit

www.ago.state.ms.us

Our Mission

The mission of the District Attorney’s Office for the Fourth Circuit Court, under the direction of
W. Dewayne Richardson, is to seek justice in order to maintain an environment of safety, security and lawful behavior for the citizens of the Fourth District.

The Office of the District Attorney uses lawful and reasonable methods to successfully identify and prosecute those who commit felony crimes. When a crime occurs, the Office of the District Attorney diligently pursues the indictment and conviction of those responsible, while adhering to all rights of the Victim, ensuring the victim is being provided all direct services applicable, and acknowledging all constitutional safeguards for the accused.

The District Attorney’s Office for the Fourth
District’s goal is to work with law enforcement and the judiciary to punish those who break our laws with adequate punishment. Every representative of the Office of the District Attorney pledges their commitment and full support to the protection of all citizens within the Fourth Circuit Court District.

Contact

Greenville Office
P.O. Box 426
Greenville MS 38702
[P] 662.378.2105
[F] 662.332.4665
generalinfo@msdeltada.com

Indianola Office
P.O. Box 1046
Indianola, MS 38751
[P] 662.887.4306
[F] 662.887.6275
generalinfo@msdeltada.com

Greenwood Office
P.O. Box 253
Greenwood, MS 38935
[P] 662.453.1089
[F] 662.451.7291
generalinfo@msdeltada.com

Judicial Process

Citizen's Involvement in the criminal justice system typically begins with them being a victim, witness, or defendant of a crime. Arrests are made generally by a judge-issued warrant or by a police officer observing a crime in process. Law enforcement may also arrest someone if it has probable cause to believe the person committed a criminal offense. When individuals are arrested they are routinely advised of their Miranda Rights upon arrest, advising them that they have the right to remain silent and that anything they say will be used against them in court. On being questioned, defendants have the right to have their attorney present or to have one appointed if they are indigent.

Felony defendants appear at a first appearance and have the charges reviewed. A judge will inquire if the defendant has an attorney. If low income, the defendant may qualify for a court-appointed lawyer. No plea is entered at this time unless the defendant wishes to plead guilty or waives indictment and has an attorney present. All felony cases are presented to a grand jury in the county that the crime was committed. In the State of Mississippi, only a grand jury has the authority to indict an individual for a felony offense and require them to stand trial for the charges alleged in an affidavit and indictment.

If an indictment is issued, the defendant is bound over to stand trial or enter a guilty plea to the crimes alleged. When a criminal trial occurs all 12 jurors must find the defendant guilty beyond a reasonable doubt. Sentences are decided by Circuit Court Judges in all criminal matters. In most cases a recommendation is made regarding imprisonment, probation, fines and restitution.