NOLA Criminal Law » misdemeanor expungement http://nolacriminallaw.com Townsend Myers, Attorney at Law Fri, 06 Apr 2012 23:13:11 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 Expunging a Misdemeanor Conviction http://nolacriminallaw.com/expunging-a-misdemeanor-conviction/ http://nolacriminallaw.com/expunging-a-misdemeanor-conviction/#comments Fri, 22 Jan 2010 03:55:16 +0000 http://townsendmyers.com/expunging-a-misdemeanor-conviction/ In order to have a misdemeanor conviction expunged, the Louisiana State law requires that an individual first have the conviction dismissed and set aside under the provisions of Louisiana Code of Criminal Procedure, Article 894. In order to take advantage of this provision, your attorney must, at the time of your sentencing for a misdemeanor conviction, move the sentencing judge to allow you conviction to be entered under Article 894. This provision of the law allows a judge to dismiss your case set your conviction aside after the successful completion of a period of probation. Only under those circumstances can you move the court  to dismiss and set your misdemeanor conviction aside. For that reason, it is imperative to have effective representation from a criminal defense attorney at all stages of the misdemeanor process.

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.

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