Zachary Polk v. State of Mississippi
2014 Miss. LEXIS 497
| Miss. | 2014Background
- Zachary Polk pled guilty to Count I (sale of MDMA), was sentenced to 10 years and fined $5,000; Counts II and III were "retired to the files."
- Polk received a full, complete, and unconditional gubernatorial pardon for his conviction in January 2012.
- Polk petitioned the Oktibbeha County Circuit Court to expunge all records relating to his arrest, indictment, and conviction.
- Trial court denied expungement for Count I (the conviction) and denied expungement for Counts II and III. Polk appealed.
- The Mississippi Supreme Court reviewed de novo whether a gubernatorial pardon requires expungement and whether charges retired to the files are expungeable under statute.
Issues
| Issue | Polk's Argument | State's Argument | Held |
|---|---|---|---|
| Whether a full, unconditional gubernatorial pardon requires expungement of the conviction record (Count I) | Pardon "obliterates" conviction; Crisler and related precedent entitle him to expungement | No statutory basis for expungement of a pardoned conviction; pardon removes punishment but does not erase history | Denied — pardon does not automatically permit expungement of conviction records; trial court correctly refused expungement for Count I |
| Whether Counts II and III (retired to files) are eligible for expungement under Mississippi law | Such charges should be expunged pursuant to statute governing dismissed/retired cases | State contested but acknowledged statutory framework for expungement of dismissed/retired matters | Granted — records for Counts II and III are eligible for expungement under Miss. Code § 99-15-26(5) |
Key Cases Cited
- Ex Parte Crisler, 159 Miss. 247, 132 So. 103 (Miss. 1931) (pardon relieved attorney of consequences of disbarment and contained language on pardon effect)
- Ex parte Garland, 71 U.S. 333 (U.S. 1866) (classic Supreme Court discussion of pardon as reaching punishment and guilt)
- Caldwell v. State, 564 So.2d 1371 (Miss. 1990) (expungement is legislative grace; no inherent common-law power to expunge)
- Nixon v. United States, 506 U.S. 224 (U.S. 1993) (pardon is executive mitigation, does not overturn conviction)