In 1994 Mitchell was found guilty of seven counts of violating federal tax laws and sentenced to 90 days in jail. Because he was convicted, the South Carolina Senate voted in 1995 to expel Mitchell from the Senate by a vote of 38 to 7. It was the only time that a black member had been expelled from the state Senate. Additionally in response to his expulsion, the state Senate proposed a bill that if a member of the legislature resigns or is expelled, they must repay any compensation received. Upon the completion of his 90-day sentence, he lost the special election to fill his vacant seat.