Oral arg. – COA – 4/10/18

At 1:30 the COA will hear the case of Chelsey Ferguson v. Mississippi Department of Public Safety Criminal Information Center Center. 

In May of 2011, Ferguson pleaded guilty to the misdemeanor crime of dissemination of sexually oriented material to a minor.  A few years later she filed a petition to expunge her record. The trial court granted the motion.  Thereafter the  Mississippi Department of Public Safety-Criminal Information Center issued an Expunction Resolution Notice to the Warren County Circuit Clerk which stated that the expungement could not be processed because a sex offense was exempt from expungement.  Ferguson’s attorney contacted the attorney  for the Criminal Information Center which ultimately resulted in the Criminal Information Center expunging the  criminal record.

The Dep’t of Public Safety, though, refused to relieve her of the obligation to register as a sex offender.  Ferguson then filed a  Complaint for Relief from Duty to Register under Miss. Code Ann. § 45-33-47. The trial court denied relief and she appealed.  She argues, among other things, that the Dep’t of Public Safety lacks standing.

Ferguson’s brief

Dep’t Of Public Safety’s brief

Ferguson’s reply brief

Watch the argument here.

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