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Posts Tagged ‘ Record Expungements ’

Expunging Criminal Records

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. 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.



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.



Expunging a Felony 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.