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.
Alterations into the Law for Misdemeanor Expungement
There are a few subtle changes to legislation for misdemeanor expungements.
In case you are charged with a Misdemeanor:
You qualify for expungement after the prosecution is dismissed or the conviction is placed aside because of Louisiana Code of Criminal Procedure Art. 894(B).
Whether or not you plead under Art. 894(B), you are still eligible for an expungement if 5 or more years have passed since your probation was successfully completed.
- You will not to be eligible for an expungement for a sex offense.
- You will not be eligible for expungement for domestic abuse crimes.
Modification to the Rules for Felony Expungement:
A few of the changes to the law are specific to felonies because these crimes are more serious and obviously require more stringent standards to complete the expungement.
If you are charged or charged for a felony:
You are eligible for expungement after the prosecution is dismissed or your conviction is placed| aside because of this of Louisiana Code of Criminal Procedure Article 893(E).
Also if you would not plead under Article 893(E), you are eligible for expungement if more than ten years have passed since your sentence was completed, providing you have no open felonies charges and you have no criminal convictions on your record for the 10 years since the completion of your sentence for the previous|felony.
You qualify for an expungement if you were convicted for own or possession with intention to distribute a controlled dangerous substance.
You are not eligible for expungement if the crime was for attempted or completed:
- Sex Offense
As a caveat to this, there is a particular crimes which were identified as sex crimes, but are no longer private this way. If you were convicted or pleaded guilty to one of these crimes, it is possible you are eligible for an expunction of your record. A careful review of your case by an New Orleans Louisiana Expungement Attorney will be necessary.
- Any domestic abuse or domestic assault crime
We are viewing some push back from the Louisiana State Law enforcement officials, who maintain the Louisiana Bureau of Criminal Identication and Information, who believe if the offender was arrested because of a domestic abuse or domestic violence incident then the defendant is not eligible for an expungement. Call and experienced New Orleans Louisiana Expungement Attorney if your case arose from a domestic disturbance.
- A criminal offense involving a small child who is under the age of 17.
You are never entitled to an expungement if you were convicted of, or pleaded guilty to, distribution or manufacture of any drug or manipulated dangerous substance.
Uniformity of Expungement Rules in Louisiana
The new law gives the State and Muncipal entities and law enforncement groups 60 days to respond to an expungement from the date they are served. Each court handles that matter differently, but typically a court date is set 70-90 days out.
At the hearing, the defendants-in-rule (the District Lawyer’s Office, the Arresting Organization|, and the Louisiana State Police may object to the expunction. They may also waive their opposition in writing, if they choose. If a get together fails to appear for the hearing, fails to file an objection, or fails to waive their appearance in writing, they forfeit their rights to object the expungement.
This kind of means that you will have a longer turn-around time for an expungement to be completed.
The court cost of an expungement will not exceed $550. 00* (except for Article 894(B) expungements and pursuant to Art. 984)
- $250 will go to the Louisiana Bureau of Criminal Identification and Information.
- $50 will go to the arresting entity.
- $50 will go to the district Attorney where the arrest took place.
- $200 to the clerk of court
Note: All fees are non-refundable.
Fees may be waived for:
- An acquittal or finding of not-guilty at trial.
- The District Attorney consents to the expungement and case was dismissed by the District Attorney.
- The District Attorney consents to the expungement, the District Attorney’s Office refused to prosecute the charges, and time limit for criminal prosecution of the charges has expired.
- The applicant was arrested, |but is not prosecuted within the time limit allowed by law to document legislation of information or obtain a Grand Jury Indictment.
- The applicant was found factually innocent via of a post-conviction relief application.
- A juvenile that has successfully completed a drug court docket.
Expungements for DWIs in Louisiana
There are several changes and additional requirements Driving While Intoxicated charge expunged from your record. If you pleaded guilty to Driving a car Under the Influence, you are required to send a certified letter to the DMV that includes a certified copy of the record of the plea, fingerprints of the defendant, proof that the defendant meets certain requirements of Louisiana Code of Criminal Procedure Articles 556-556. You need to pay an additional $50 to the DMV for the |handling of the motion for expungement by the DMV.
Other Updates Pertaining to Expungements
A defendant in a multi-defendant case can get an expungement and the expunged person can be removed from the record.
A person who was arrested for a felony, but is guilty of a misdemeanor can have the felony arrest expunged and can have the misdemeanor conviction expunged. Presently there is no restriction on the quantity of felony arrests that can be expunged when the criminal offense or arrest results in a misdemeanor conviction.
Contact a Lawyer for your Expungement Today
If you were convicted or pleaded nolo contendre to a misdemeanor or felony, and you are wondering if you now have the possibility to have your arrest or guilty plea expunged from your criminal arrest history, please feel free to give highly skilled New Orleans Louisiana Expungement Attorney at the Weiser Law Firm a call at (504) 358-2773.
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.