Baton Rouge Expungement Lawyer

Expungement Eligibility According to Louisiana Law

In Louisiana, you can expunge both arrests and convictions. However, eligibility varies depending on the type of crime, how much time has passed, and criminal case outcome.

Expungement for Arrests

According to Louisiana law, you may be eligible for an expungement of a misdemeanor or felony arrest if the:

• Judge failed to follow through with a prosecution
• Louisiana statute of limitations for the specific crime in question has passed and no one else has filed a lawsuit against the person
• Judge dismisses or voids all charges filed against you
• Judge has found you not guilty of the crime you were arrested for

You may also have your record expunged in Louisiana if a court discovers a few years down the road that you are factually innocent of the crime you were arrested for and that you deserve compensation for wrongful conviction.

If you were arrested for a DWI in Louisiana, you must wait 5 years to pursue expungement. For any other type of arrest, though, you can petition for an expungement at any time.

Expungement for Misdemeanors or Felonies

Baton Rouge expungement attorneys can also help people petition for expungement of their misdemeanors and felonies. Louisiana law states that you can only expunge 1 misdemeanor per 5 years, except for DUIs, which you can only expunge once every 10 years. Meanwhile, you can only expunge 1 felony per 15 years. The only exception to the felony expungement time period is if the conviction was dismissed.

Misdemeanors

You must wait at least 5 years since you completed your sentence, parole, probation, or deferred adjudication to petition for a misdemeanor expungement in Louisiana. You can’t have any other pending charges or convictions against you in this 5 year time period.

Felonies

You may be granted an expungement for a felony conviction if:

• The judge dismissed your conviction
• At least 10 years have passed since you completed your sentence and you haven’t committed any other offenses in that time frame

While you can expunge many felony convictions in Louisiana, you can’t expunge all of them.

When You Can’t Get a Louisiana Expungement

Louisiana law states that some felonies don’t qualify for expungement, including:

• Violent crimes including first and second degree murder, manslaughter, aggravated assault or battery, robbery, domestic abuse battery, etc.
• Any type of sexual violence or abuse
• Some drug offenses, such as drug trafficking
• Crimes against minors

Do I Have to Tell Anyone About My Criminal Record After a Louisiana Expungement?

No. In most cases, people with an expunged record no longer have to disclose to potential employers, landlords, etc. that they were once arrested or convicted of a crime. However, it’s important to remember that expungement just seals your criminal record, not any news reports or social media posts about your crime. While you don’t have to tell anyone about your past criminal history following an expungement, people may still remember you from the media.

Expungement Process

Baton Rouge expungement lawyers at the Law Offices of Ossie Brown can help you determine if you’re eligible for expungement in the first place. If you are, we can walk you through the entire Louisiana expungement process.

Firstly, you must fill out a series of expungement forms and other court required paperwork, such as a fee waiver. Once you gather and fill out all this paperwork, you must turn it in to your local clerk of court. You’ll also pay your expungement fee at this time. Depending on the type of arrest, misdemeanor, or felony that you want expunged, you may have to attend a court hearing next. Generally, a court hearing is only required if someone objects to your expungement.

If everyone agrees to expunge your criminal record, then you will receive a “Certificate of Compliance” from the Louisiana State Police within 60 days. This certificate means that all state agencies have sealed your record from public view.

While this process sounds very quick and simple, it can be complicated, especially depending on the crime in question. This process can take anywhere from 3 to 6 months, and the hardest part for many people is gathering all the correct paperwork. That is why many people choose to have experienced Baton Rouge expungement lawyers on their side.