Some people who receive a felony or misdemeanor conviction continue to suffer major consequences even after they serve time. That’s because private background check companies see their conviction on their criminal histories, which often means the former offender cannot get the job, income, or home that they want. Criminal records can literally prevent people from moving on with their lives. That’s why expungement exists. You can expunge many types of arrests, misdemeanors, and felonies from a criminal history, but certainly not all. This begs the question: what felonies cannot be expunged in Louisiana? Below, our legal team discusses the details of Louisiana expungement laws.
If you’re looking to expunge non-violent offenses from your record – such as a DUI conviction, for example – you need legal support from the Baton Rouge expungement lawyers at the Law Offices of Ossie Brown. Call us today at 225-343-1111 to schedule a free consultation.
What is Expungement?
Expungement is a legal process that removes criminal convictions and arrests from a criminal record. Expungement is also referred to as the “sealing” of criminal records. That’s because expungement seals misdemeanor and felony convictions from public view.
This means that neighbors, employers, journalists, landlords, strangers, and everyone else cannot see expunged records. Basically, the only people who will be able to view an expunged record are those who work at law enforcement agencies. The only reason why someone may need to know about the conviction and the expungement is if the person applies for a law enforcement job, some types of school jobs, a state issued professional license, or a concealed carry permit.
Not all criminal charges, arrests, and felonies can be expunged from a criminal record. Every state law has different rules about expungement eligibility. In fact, 5 states will not allow the expungement of a felony conviction. These states are:
Can Felonies Be Expunged in Louisiana?
Louisiana is one of many states that allows people to expunge their felony conviction records. However, the list of felony convictions that can be expunged is short, and it’s often much easier to expunge misdemeanors or arrest records.
How Many Felony Convictions Can a Person Expunge From Their Criminal Record?
It’s important to know that even if you are eligible for expungement, it isn’t a free for all. In other words, you can’t expunge multiple felony charges and convictions at once. Louisiana allows people to expunge one felony offense every 15 years.
Why People Get Their Criminal Record Expunged
The criminal justice system keeps punishing people long after they have been released from jail. Former criminals will struggle to find work, make a liveable wage, find an apartment or house, make friends, and more, all because of their criminal history. Many former criminals feel as though their lives stopped the day they received their criminal conviction. Even if they completed their sentence, parole, or probation period, they still cannot move on and make a better life for themselves.
An expunged record allows former criminals to literally turn their lives around. Without a criminal offense tainting their records, they can get a good job, make a livable wage, rent an apartment, buy a home, and so much more. The legal team at the Law Offices of Ossie Brown wants to help those who are eligible for expungement to live a better life.
Expungement Eligibility for Felonies in Louisiana
According to Louisiana law (CCRP 978), a person is eligible for expungement if:
- The felony conviction was annulled or negated (AKA: set aside) and the prosecution was formally dismissed.
- It has been more than ten years since the person has completed their sentence, deferred adjudication, or probation/parole.
- The person does not have any other felony charges pending against them at the time they apply for an expungement order.
If you fit the criteria for Louisiana expungement, be sure to speak with a Baton Rouge expungement lawyer at the Law Offices of Ossie Brown. We can help you start the expungement process.
What Felonies Cannot Be Expunged in Louisiana?
As previously stated, it is much more difficult to expunge a felony conviction from your record than a misdemeanor conviction, or even an arrest. Additionally, certain crimes (such as violent crimes and sex crimes) cannot be expunged from Louisiana criminal records at all.
So – back to the question at hand – what felonies cannot be expunged in Louisiana? The Louisiana Code of Criminal Procedure contains a long list of felony convictions that cannot be sealed from public view, including:
- Most sex crimes including rape, sexual battery, any indecent behavior with a juvenile, sexual abuse to an animal, sex trafficking, prostitution, giving someone HIV or AIDS without their knowledge, etc.
- Kidnapping or aggravated kidnapping
- Domestic abuse battery (misdemeanor domestic abuse battery also cannot be expunged from criminal records)
- Aggravated assault
- Armed robbery
- First, second, or third degree murder
- Solicitation for murder
- Drive by shootings
- Distribution of a controlled dangerous substance
The only type of sex crime that could possibly be expunged is misdemeanor carnal knowledge of a juvenile but only if the person committed the sex offense prior to August 15, 2001. All other sex crime offenders cannot expunge their criminal record and must remain on statewide sex offender registration. If you have questions about whether your specific criminal conviction can be expunged, it’s best to contact a Baton Rouge expungement lawyer at The Law Offices of Ossie Brown.
How to Apply for Felony Conviction Expungement
Even if you are eligible for expungement, it’s important to know that it won’t happen immediately. Before you start the expungement process, you should hire a Baton Rouge expungement lawyer from the Law Offices of Ossie Brown. Our legal team can help you make the process as easy and quick as possible.
The next step is to fill out all the necessary paperwork, including a fee waiver, from the Louisiana Clerks of Court Association. Once you do that, you must turn in the paperwork and pay your expungement fee at your local clerk of court. Depending on the type of felony you want expunged from your record, you may have to go to a court hearing. A court hearing will only happen if someone believes that you should not expunge the felony from your record. For example, the district attorney or the victim may object to the expungement, and therefore call for a court hearing on the matter.
Next, you will receive a “Certificate of Compliance” from the Louisiana State Police within 60 days, but only if everyone agrees that the felony can be expunged during the court hearing. This certificate basically serves as proof that state agencies sealed your criminal record from public view.
Getting a felony conviction expunged can be very complicated and lengthy, especially if there are objections from multiple people. Expungement lawyers at our law firm can potentially help this process move smoother and quicker.
Call a Baton Rouge Expungement Lawyer at The Law Offices of Ossie Brown Today
If you’re looking to get misdemeanors, felonies, and/or arrest records expunged, it’s important to meet with an experienced lawyer first. Baton Rouge expungement lawyers at the Law Offices of Ossie Brown can help you determine if you’re eligible for expungement. If you are, we can help you get started on a misdemeanor or felony expungement immediately. Call us today at 225-343-1111 to schedule a free consultation.