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