Expungement - Expunge Your Criminal Record in Louisiana
In Louisiana, “’expunge a record” means to remove a record of arrest or conviction, photographs, disposition, or other information of any kind from public access pursuant to the provisions of Louisiana Code of Criminal Procedure. It does not mean destruction of the record.
Types of Expungement
According to the Orleans County District Attorney, there are two types of expungement in Louisiana:
Expungement by redaction
With this type of expungement, a person who is arrested with other persons who are not entitled to expungement may have his or her name or any other identifying information removed from public access, while the information on the other person(s) will be retained.
With this type of expungement, a felony arrest from the criminal history of a person who as convicted of a misdemeanor offense arising out of a felony arrest. Only the felony arrest will be expunged.
Who Qualifies for An Expungement in Louisiana?
You might qualify for expungement if you meet the following basic requirements.
- No pending felony charges;
- Not currently incarcerated;
- All requirements of your conviction must have been fulfilled, including classes, probation, and the payment of fines and restitution;
Misdemeanor – You may qualify if one of the following apply:
- Prosecution is dismissed;
- 5 years have passed since your sentence and probation and no felony convictions during those 5 years; or
- The Prosecution is set aside under La.C.Cr.Pr. Article 894(b).
- The conviction was set aside and the prosecution was dismissed;
- 10 years have passed since your sentence and probation without any other felony convictions or charges pending;
- The person is entitled to a first offender pardon
Pursuant to Louisiana law, no expungement shall be granted not shall a person be permitted to file a motion to expunge the record of arrest and conviction of a felony offense if the personw as convicted of the commission or attempted commission of any of the following offenses:
- Crime of violence unless otherwise authorized
- A sex offense
- Criminal offense against a victim who is a minor
- Carnal knowledge of a juvenile in certain circumstances
Certain misdemeanors also cannot be expunged, including but not limited to:
- Sex crimes
- Domestic abuse
- Crimes involving minors;
- Certain drug offenses.
Every situation is different, which is why it is important to speak with an experienced criminal defense and expungement attorney.
- Your expungement attorney prepares a petition to expunge your record;
- Your expungement attorney files a petition in the parish where you were arrested;
- The judge reviews the petition for legal sufficiency;
- The judge issues an Order;
- Your expungement attorney will forward copies of the Order to the relevant parties, including the local authorities and the Louisiana Department of Safety, which will forward the Order to state and federal authorities.
The Scott Law Firm’s Expungement and Criminal Defense Attorneys Can Help!
If you think you qualify for expungement, or if you are currently facing criminal charges, the criminal defense and expungement attorneys at the Scott Law Firm can help determine if you are eligible for expungement and help you through every step of the process.
Contact the Scott Law Firm today!
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