Call us for a consultation! (504) 358-2273|legal@weiser-law-firm.com

Expungments in Louisiana (New Changes)

/, Traffic & DWI/Expungments in Louisiana (New Changes)

Expungments in Louisiana (New Changes)

Different Expungement Laws in Louisiana

Last year, the Governor signed House Bill fifty-five; which revises the rules for expungements in Louisiana. The purpose of the new law is to amend the rules for expungement in Louisiana so they can be uniform throughout state while also necessitating the same fees and court costs across Louisiana. To be able to create a streamlined process, the legislature also created forms that must be used for all expungements.

Order of Expungement

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:

Several 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 set the conviction aside under Louisiana Code of Crim. Procedure Article 893(E).
  • Additionally, if you would not plead under Article 893(E), you are eligible for expungement if more than a decade have passed since your sentence was effectively completed, so long as you have no open felonies charges and you have no criminal convictions on your record for the 10 years afer completion of your sentence for the previous felony.
  • You are entitled to an expungement if you were convicted for own or possession with intentions to distribute a medication.
  • Louisiana Expungment Lawyer Clean Criminal Record

    You’re not eligible for expungement if the crime was for attempted or completed:

    • Sex Offense

    As a stipulation to this, there are specific crimes which were identified as sex crimes, but are no longer private this way. If you were convicted or pleaded guilty to a single type of these crimes, it is possible you are eligible for an expunction of your record. A careful review of your case by an expungement lawyer will be necessary.

    • Any domestic abuse or domestic violence crime

    We are finding some push back from the Louisiana State |Law enforcement officials, who maintain the Louisiana Bureau of Criminal Identification and Information, who believe if the offender was arrested of a domestic abuse or domestic violence incident then the defendant is not eligible for an expungement. An experienced legal professional should be consulted if your case arose from a domestic disturbance.

    • A criminal offense involving a small who is under the age of 17.
    • A criminal offense of violence pursuant to Louisiana Revised Statute {16|13|18}: 2(B)
    • You are never entitled to an expungement if you were convicted of, or pleaded guilty to, distribution or manufacture of any drug or handled dangerous substance.

    Within the old law, it was uncertain whether a person who is at jail could  obtain an expungement, however the new law states plainly that expungements for folks in prison is not allowed|. Additionally, the law only allowed an individual who was convicted or pleaded guilty to a criminal offence was eligible to have only 1 expungement in their whole life. It shows the new law allows for multiple expungements throughout a defendant’s life as long as it is than 15 years because the go on expunction was granted by the court.

    Uniformity of Expungement Rules in Louisiana

    There are a quantity of becomes the rules regarding expungement that is updated regardless of whether you are convicted of, or plead guilty to, a misdemeanor or a felony. For instance :

    A review may be held sixty days after an Action for Expungement is submitted.

    At the hearing, the defendants-in-rule (the District Lawyer’s Office, the Arresting Organization, and the Louisiana State Police may object to the expungement. 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 cost of an expungement will not exceed $500. 00* (except for Article 894(B) expungements and pursuant to {Content|Document} 984)

    $250 will go to the Louisiana Bureau of Criminal Identification and Information.

    $50 will go to the arresting organization

    $50 will go to the district attorney’s office  where the arrest took place.

    $100-$200 to the local Clerk of Court’s Office

    All fees are non-refundable.

    Fees may be waived for:

    • An acquittal or finding of not-guilty at trial.
    • The D.A.’s Office consents to the expungement and case was dismissed by the District Attorney.
    • The District Attorney consents to the expungement, the D.A.’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 |data file legislation of information or obtain a Grand JuryIndictment.
    • The applicant was found factually innocent because of a post-conviction relief application.
    • A juvenile that has successfully completed drug court.

    Expungements for DWIs in Louisiana

    There are some changes and additional requirements to Driving While Drunk (DWI) 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. (i. e. DOB, SOCIAL SECURITY NUMBER, and DL#) 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 found guilty of a misdemeanor can have the felony arrest expunged and can have the misdemeanor conviction expunged. Presently there is| no restriction on the amount of| felony arrests which is often expunged when the criminal offence 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 criminal defense lawyer at the Weiser Law Firm a call at (504) 358-2773 or send an e-mail here. We are New Orleans criminal attorney’s with incredible experience working with clients who have had their convictions removed from their record. It is important to me that your reputation is not damaged and that you and your family can live a normal life. With your arrest or case expunged, it will be easier so that you can find work and housing. Give our office a call with questions regarding your expungment at 504-358-2273.

By |2017-11-13T21:03:37+00:00December 28th, 2016|Criminal Defense, Traffic & DWI|0 Comments

About the Author:

Leave A Comment