An expungement is a court order to remove an arrest or conviction record from public view.  Law enforcement officials and some agencies may still be able to find out about your record, but when a record is expunged, the public (including employers) should not be able to find out about it

Don’t let your criminal record keep you down.

Since a criminal record can keep you from getting accepted into school, getting a  job, or a professional license or a permit you need for a job, having your record expunged can be VERY IMPORTANT. Don’t risk losing out on a great job or other opportunity because of something that happened in the past.  You’ve taken care of the issue, why should it continue to haunt you?  Getting an expungement can help ensure that mistakes from your past stay in the past.  Don’t let them interfere with your future.

Save time, avoid frustration, do it right.  Hire a Lawyer.

In many cases you may be able to file for an expungement yourself, but hiring a qualified and experience lawyer to handle your expungement for you will not only save you the frustration of navigating the complex procedures involved, but will also insure that it is done the right way.

So having the opportunity to fully expunge a misdemeanor conviction requires several things:

• Being sentenced under Art. 894 at the time of your conviction
• Successfully completing your misdemeanor probation
• Filing a Motion to Dismiss and Set Aside your conviction under Art. 894; and
• Filing a Motion to Expunge your record.

Though the expungement process itself does not require that you retain an attorney, an experienced criminal defense attorney can help make sure that the process is handled efficiently and effectively.

• First offender pardon
• Dismissal / Set-aside of your conviction

In many cases a first offense felony conviction may be dismissed, set aside and expunged under the provisions of Article 893 of the Louisiana Code of Criminal Procedure.

When a conviction is entered under Art. 893, the court defers the imposition of sentence and places the defendant on probation under the supervision of the division of probation and parole. If the court finds at the conclusion of the probationary period that the probation of the defendant has been satisfactory, the court may set the conviction aside and dismiss the prosecution.  The dismissal of the prosecution shall have the same effect as acquittal, and the defendant is also entitled to have his or her record expunged.

In order to take advantage of the provisions of Article 893, your lawyers must make a motion with the court at the time of sentencing. If the motion is not made at sentencing, it may be more difficult or impossible to file for an expungement.

Therefore, it is extremely important that you have a competent criminal defense attorney to represent you t trial in order to take advantage of the Louisiana expungement provisions.

A.(1)  Any person who has been arrested for the violation of a municipal or parish ordinance or for violation of a state statute which is classified as a misdemeanor may make a written motion to the district, parish, or city court in which the violation was prosecuted or to the district court located in the parish in which he was arrested, for expungement of the arrest record, under either of the following conditions:

(a)  The time limitation for the institution of prosecution on the offense has expired, and no prosecution has been instituted; or

(b)  If prosecution has been instituted, and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.

(2)  If the court finds that the mover is entitled to the relief sought as authorized by this Subsection, it shall order all agencies and law enforcement offices having any record of the arrest, whether on microfilm, computer card or tape, or on any other photographic, electronic, or mechanical method of storing data, to destroy any record of arrest, photograph, fingerprint, or any other information of any and all kinds or descriptions.  The court shall order such custodians of records to file a sworn affidavit to the effect that the records have been destroyed and that no notations or references have been retained in the agency’s central repository which will or might lead to the inference that any record ever was on file with any agency or law enforcement office.

B.(1)  Any person who has been arrested for the violation of a felony offense or who has been arrested for a violation of R.S. 14:34.2, R.S. 14:34.3, or R.S. 14:37 may make a written motion to the district court for the parish in which he was arrested for the expungement of the arrest record if:

(a)  The district attorney declines to prosecute, or the prosecution has been instituted, and such proceedings have been finally disposed of by acquittal, dismissal, or sustaining a motion to quash; and

(b)  The record of arrest and prosecution for the offense is without substantial probative value as a prior act for any subsequent prosecution.

(2)  If, after a contradictory hearing with the district attorney and the arresting law enforcement agency, the court finds that the mover is entitled to the relief sought for the above reasons, it shall order all law enforcement agencies to expunge the record of the same in accordance herewith.  However, nothing in this Paragraph shall limit or impede the authority under law to consider prior arrests or convictions in pursuing prosecution under multiple offender provisions or impede the investigation of any law enforcement official seeking to ascertain or confirm the qualifications of any person for any privilege or license authorized by law.

C.(1)  Any person who has been arrested for the violation of a state statute which is classified as a felony may make a written motion to the district court for the parish in which he was arrested for expungement of the arrest record if the time limitation for the institution of prosecution on the offense has expired, and no prosecution has been instituted.

(2)  If, after a contradictory hearing with the arresting agency, the court finds that the mover is entitled to the relief sought for any of the above reasons, it shall order all law enforcement agencies to expunge same in accordance herewith.  However, the arresting agency may preserve the name and address of the person arrested and the facts of the case for investigative purposes only.

There are a number of complexities in the law related to expungements, and it is important to consult with an attorney to determine whether you are entitled to have your arrest expunged. Chances are good that your arrest CAN be expunged, but making sure you do it correctly is important to make sure the arrest is actually removed from your record.