Expungements in Jefferson Parish
A couple of years ago the State of Louisiana passed laws in an attempt to make expungements in Jefferson Parish and across the State universal. This has had some positive an negative effects. Namely, the negative effects are related to the timeline it takes to have an expungement completed. Expungments in Jefferson Parish have many factors that can affect the out come. Cleaning ones criminal record is not as simple as many people believe. Initially, a person must determine what is the proper court or venue for their expungement in Jefferson Parish.
Different Courts in Jefferson Parish
24th Judicial District Court
There are many different courts that your arrest or citation may bring you. The many courthouse for all felony charges is the 24th Judicial District in Gretna, Louisiana. This court will have all felonies and various misdemeanor charges brought to it. The misdemeanors may include Marijuana possession, Prostitution, solicitation, crime against nature, and domestic violence battery.
1st Parish and 2nd Parish Court
These are the “smaller” courts in the parish. Expungements in Jefferson Parish are similar to those in the 24th Judicial District Court and it is the same district attorney’s office. 1st Parish Court is located at 924 David Drive in Metaire and the other is located at 100 Huey P. Long Ave in Gretna. The process is fairly similar to that of the 24th Judicial District. Most misdemeanor charges like traffic offenses, DWI’s, simple battery and theft will be in this court.
City of Kenner’s Mayor Court
If a citation or an arrest was made in Kenner, Louisiana it is possible the case was sent to Kenner’s Mayor’s Court. Kenner runs its own courthouse, has its own clerk’s office and its own city attorneys. Kenner’s Court will have most misdemeanors and traffic offenses from the City of Kenner.
City of Grenta, City of Westwego, City of Harahan, City of River Ridge, and other Courts
Expungments in Jefferson Parish also come down to each individual small city. The City of Gretna has its own process for expungements, as does Harahan or River Ridge. They all have their own city attorneys, clerks and Judges. Each place operates differently and sometimes clients get confused with the true process. These courts typically have traffic or minor misdemeanor cases. Nevertheless, the fees are typically the same or less than the other courts.
Fees for Expungements in Jefferson Parish
The main courthouse of the 24th JDC and the parish courts have standard fees for the expungements. The court costs come to a total of $550.00, which is broken down as $250 for the Louisiana State Police and $300 for the Jefferson Parish clerk of courts office. The smaller courts vary as to price, but most are about the same price. If the arrest was a DWI charge the Louisiana Office of Motor Vesicles changes an additional fee of $50.00 to be paid to the clerk of court. Fee waivers can be obtained if all the person’s charges were dismissed or the person was found not guilty by trial. Unfortunately, if a person plead guilty or was found guilty of even a traffic offense they are not eligible for fee waivers for the exupungements in Jefferson Parish. A background check is generally required in addition to the fees for the expungements.
Process for Expungements in Jefferson Parish
The first thing to determine is if a person has previously plead guilty to any crimes related to the arrest or citation that is to be expunged. If the answer is yes, then an extra step is needed that can take additional 2-3 months. If the answer is no, then you can proceed with the expungement.
Did you plea under Art. 893, Art. 894 or was it a misdemeanor conviction over 5 years ago?
If so, the process of set aside and dismissal is required. Simply put a motion is filed and various entities are served to have the conviction reserved and changed to an acquittal. Once an acquittal is entered into the record an expungement can now follow.
Expungements in Jefferson Parish require a packet of court papers to be executed, records to be attached and a background check within the last 30 days. The motion is filed in the proper venue court and a court date will be set up no sooner than 60 days from the date of filing the motion. The offices of the District Attorney, City Attorney, Clerks of Court, Sheriffs Office, Louisiana State Police, Local Police Department, the Office of Motor Vehicles, and the F.B.I. will all be served with your motion and have 60 days to file an affidavit of response. If no objections are filed the Judge should sign the expungement.
If an objection is filed for the expungement it could be filed in error as we see often with our clients. Nevertheless, an objection must be challenged both in writing and the in court hearing. Every case or objection can be different. Some can be failure to pay fines and fees, D.A. mixed up files, Sheriff’s Office has wrong person, the State Police objects to prior pleas, sex offenses, violent crimes, prior criminal conviction, etc.
Once the expungement has been filed and order all the entities will again be served. This time it will be to remove your information from their files and computers. Some of these agencies are faster than other at removing and expunging the information. If you have any questions or would like to consult an attorney about Expungements in Jefferson Parish call the Weiser Law Firm at 504-358-2273.