Expunging a Felony Conviction
If you are (or have been) convicted of a first-time felony offense in the State of Louisiana you MAY be eligible for the following relief:
- 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.