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Minor In Possession - Driver's License Suspension and Revocation

Any minor (16-20 years old) who pleads guilty to or is convicted of Minor In Possession may have his or her driver license suspended for 30 days for the 1st offense, 90 days for the 2nd offense and revoked for a year for the 3rd or any subsequent offense.

Expungement of MIP ( Minor in Possession ) from Record

A minor who has pleaded guilty or was found guilty of Minor In Possession for the first time can apply to obtain a Court ordered expungement of all official records of his or her arrest, plea, trial and conviction.

The expungement of a person's MIP is the court-ordered removal of all official records of his or her arrest, plea, trial and conviction of Minor In Possession.

The Legal Effect of an Expungement

The effect of an expungement order under the Minor In Possession law is to restore a person's legal status to that he or she had before the arrest, plea or conviction of MIP, as if the Minor In Possession never happened.

After an expungement is ordered, the person granted the expungement may not be found guilty of perjury or making a false statement by failing to acknowledge or admit the Minor In Possession arrest, plea, trial, conviction or expungement in response to any inquiry made for any purpose whatsoever.

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Who May Get an Expungement

A person convicted of Minor In Possession may be eligible for an expungement only when all three (3) of the following requirements are met:

  • It must be the first time he or she pleaded or was found guilty of MIP
  • 1 year has passed from the time he/she pleaded or was found guilty of MIP or the minor reached 21 years of age
  • He/she since has had no other alcohol-related convictions or "alcohol-related enforcement contacts"
How to Request an Expungement

A person seeking the expungement of a Minor In Possession charge must apply to the Court in which he or she pleaded or was found guilty. The application for expungement must state that the applicant has met all of the legal requirements for an expungement order to be made and, therefore, that the applicant is eligible for an expungement. A hearing takes place during which the applicant must prove to the Judge that he or she is eligible for an expungement.

The Judge then makes a determination whether the applicant has proved that he or she is eligible for an expungement and, based thereon, either orders an expungement or denies the application for expungement. It is generally wise to have a lawyer represent you in any application for an expungement order.

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