New Orleans Louisiana Expungement Attorney
Expungment Law in the Greater New Orleans Area and the State of Louisiana has changed recently. Basically, the State has attempted to create uniform expungement forms and rules for all courts in the State. However, the changes have made expungements harder and with more delay. To clean a record in Louisiana there is a process that must be followed properly. The process begins with the determination of whether a not a person is expungment eligible.
If a charge was dismissed, not prosecuted, or a person was found not guilty at trial they would be expungement eligible (exceptions can be certain sex crimes and violent offenses). If a person plead guilty to a crime under Louisiana Code of Civil Procedure Art. 893 or Art. 894 (And in some circumstances Art. 881.1 ) they may be eligible to clear the conviction from their record. Pleading under these articles of the Louisiana Code of Criminal Procedure will allow someone to go to court to file a motion to set aside a conviction. A conviction on a record requires an extra step that will require an additional court hearing.
Each jurisdiction varies on the way the expungement procedure will happen. In New Orleans Municipal Court a court date will not be set as the clerks await the affidavits and responses that are to be filed the Louisiana State Police, New Orleans Police Depart, the District Attorney’s Office and the Orleans Sheriff’s Office. Once those are completed a court date will be set in the future. In Contrast Jefferson Parish’s 24th J.D.C. in Gretna, Louisiana sets a court date once the motion is filed.
The expungement process in Louisiana has become very time consuming and complicated. If the procedure is not done correctly the arrest and/or conviction will stay on a person’s criminal record. It is very important to have this process done correctly. See New Louisiana Expungment Law
Contact an Experienced New Orleans & Louisiana Expungement Attorney today at 504-358-2273.