Criminal Record Expungement
Baton Rouge Expungement Lawyer
Maybe you were arrested for a DUI years ago, or maybe you were convicted of a crime that you did not commit, and these marks on your criminal record are causing you to suffer when seeking employment or a new place to live. This can be a tough burden to carry while trying to move on with your life. The good news is that there’s a legal process that can remove a criminal arrest or conviction from your record, and a Baton Rouge expungement lawyer can help you through it.
The Louisiana expungement process can be complicated. Some people may not even be eligible for an expunged record depending on the crime they were arrested or convicted of, whether or not they completed their sentence or parole, and whether or not they have other convictions on their record. A Baton Rouge criminal defense attorney can help you determine if you’re eligible for an expunged record, and ultimately help you move on with your life. Call the Law Offices of Ossie Brown at 225-343-1111 today to begin your attorney client relationship. We offer a free consultation to all new clients.
What is Criminal Record Expungement?
An expungement is a legal process that removes a criminal conviction and/or arrest from someone’s criminal history. An expunged record is also known as a sealed record, because it can seal all arrests and convictions from public view. This means that law enforcement can still pull up someone’s criminal record and see their misdemeanor or felony convictions.
It’s important to note that every state has different expungement rules regarding eligibility, cost, and what types of crimes can be expunged from a criminal record. A Baton Rouge expungement attorney at the Law Offices of Ossie Brown can review your case, help you determine if you’re eligible for Louisiana expungement, and walk you through the expungement process.
Why Do People Get Their Criminal Records Expunged?
The most common reason why people get their records expunged is to be able to pass background checks for employment, renting, home owning, etc. Many times, a criminal arrest of any kind in Louisiana can prevent someone from physically, emotionally, and financially moving on. Their lives are often permanently stuck on the day they were arrested or convicted for a criminal offense. Therefore, they may struggle in almost every aspect of life: getting a decent job, finding a place to live, paying for personal essentials, and resuming a normal social life. Louisiana expungement provides an opportunity for many former criminals to move on and create a better life for themselves.
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.
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.
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.
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.
Call a Baton Rouge Expungement Lawyer at the Law Offices of Ossie BrownThe Baton Rouge expungement lawyers at the Law Offices of Ossie Brown are passionate about helping their clients obtain justice so they can move on and become fully functioning members of society. In many cases, the expungement process can help clients do that. However, you should not walk through this process alone. Our legal team can give you a better understanding of expungement eligibility, cost, timeline, and more. We are truly the best team to have on your side for any legal issues that you may be facing. To start an attorney client relationship with a Baton Rouge expungement lawyer, call 225-343-1111 today. We offer a free consultation to all our new clients.
Let us review your case at no cost to you. We want to take the time to get to know you and understand your legal goals and objectives.
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