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Clarence Jones v. State of Mississippi
158 So. 3d 1144
| Miss. | 2015
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Background

  • In 1992 Clarence Jones pleaded guilty to murder in Warren County and received a life sentence.
  • His sentence was suspended in 2004, he was paroled, and in 2008 Governor Barbour issued a full, unconditional pardon.
  • In 2013 Jones petitioned the Warren County Circuit Court to expunge his murder conviction based on the gubernatorial pardon.
  • The trial court denied expungement, concluding expungement relief is statutory and the Legislature has not made pardons a ground for expungement.
  • Jones appealed, arguing the court had statutory authority or a constitutional obligation to expunge a conviction after a full pardon.
  • The Mississippi Supreme Court affirmed, relying on its recent decision in Polk v. State and rejecting the view that a pardon automatically entitles a pardon recipient to expungement.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether a full gubernatorial pardon requires or permits court-ordered expungement of a murder conviction Jones: A full, unconditional pardon obligates or authorizes the court to expunge the conviction State: No statutory basis exists tying pardons to expungement; expungement is governed by statute, not automatic consequence of pardon Court: Denied — a pardon removes legal punishment and disabilities but does not automatically erase or expunge the record; no statutory authority for expungement on that basis

Key Cases Cited

  • Polk v. State, 150 So. 3d 967 (Miss. 2014) (held no automatic expungement follows a gubernatorial pardon and construed Ex Parte Crisler narrowly)
  • Ex Parte Crisler, 132 So. 103 (Miss. 1931) (narrowly construed by Polk as limited to relieving a pardoned attorney from disbarment consequences)
Read the full case

Case Details

Case Name: Clarence Jones v. State of Mississippi
Court Name: Mississippi Supreme Court
Date Published: Feb 26, 2015
Citation: 158 So. 3d 1144
Docket Number: 2013-CA-01501-SCT
Court Abbreviation: Miss.