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Can You Get a DUI Expungement in Louisiana?

Posted on by Townsend Myers

If you’ve been convicted for driving under the influence, you may wonder how this will affect your life moving forward. Unfortunately, in Louisiana, a DUI conviction is not eligible for expungement proceedings, but it’s possible to have the case dismissed under a specific legal provision. Learn more about the impact of DUI convictions and your options in court.

Expungement Explained

A glass of brown alcohol sitting next to a car key

When a conviction is expunged, that means it is removed from your criminal record. Expungement proceedings can help individuals who worry that certain convictions on their record may inhibit their ability to get a job or professional license. Motioning for expungement makes these records permanently unavailable to outside parties.

How Can a DUI Conviction Affect Your Record?

A DUI conviction on your criminal record can impact your insurance rates and future legal proceedings should you find yourself in criminal court again. A guilty verdict may inform a judge to enact harsher penalties like jail time or fines, and law enforcement officials or other agencies (landlords, employers, or even financial institutions) may have access to this information. With this in mind, you may be worried about your situation. However, hiring a knowledgeable DUI lawyer can alleviate this stress and help you pursue other options to avoid permanent marks on your criminal record.

The Article 894 Plea

It’s still possible to have a DUI conviction dismissed and keep your record intact. To pursue this action, The State of Louisiana requires that your legal representation motions for the conviction to be dismissed and set aside under the Louisiana Code of Criminal Procedure, Article 894. The Article 894 plea is typically available to those with a clean driving record and a clean criminal record before the DUI arrest. This provision can allow you to get the conviction temporarily suspended; following suspension, you will be placed on probation, which will be determined by the judge. After two years, a petition can be filed to have the DUI conviction officially dismissed and treated as an acquittal. In general, this plea is only available to an individual every 10 years.

Have you been arrested for a DUI in New Orleans and need competent legal assistance? Townsend Myers of NOLA Criminal Law can work with you to help get charges reduced or dismissed, if possible. For a free initial consultation, call (504) 608-6226 today.

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