Lake Charles Expungement Attorneys

What is Expungement?

An expungement is a judicial order that hides or erases a criminal conviction, charge or arrest in very specific circumstances. The process of expunging a criminal record is not automatic. It requires filing a petition with the court and meeting certain eligibility requirements.

What makes an expungement so difficult is the many agencies that have to be coordinated in order to achieve the goal. As an example, lets say that someone is arrested, charged, and convicted of a crime. That person will have several numbers in the criminal justice system that they will be trying to get erased, and they are:

• AAID – the arresting agency will have an arrest ID number
• Book In Number – the local parish sheriff will have a book in a number
• DA Number – assuming charges are accepted the DA will have an internal number assigned to your case
• Docket Number – the clerk of court will assign a docket number to your case
• Louisiana State Police – compiles all arrests made in the state for reporting to the FBI
• FBI – will input your arrest and conviction into a national database known as “NCIC”

What Types of Crimes Can Be Expunged in Louisiana?

In Louisiana, certain criminal convictions can be expunged, but not all offenses are eligible. The eligibility for expungement depends on the type of crime, how long ago it was committed, and whether it was a felony or misdemeanor.

Eligible Crimes for Expungement

• Misdemeanors: Most misdemeanors can be expunged, such as simple assault, theft under a certain amount, and disturbing the peace.
• Felonies: Some felonies may also be eligible for expungement, though the process is more complicated. For example, non-violent felonies like certain drug offenses or property crimes may be eligible for expungement after a waiting period.
• Drug Convictions: Many drug offenses are eligible for expungement, particularly those that involve possession of small amounts of controlled substances.
• DUI/DWI Convictions: If you have a DUI or DWI conviction, you may be eligible for expungement under certain conditions.

Crimes That Cannot Be Expunged

• Sex Offenses: Convictions for serious crimes like sex offenses are generally not eligible for expungement in Louisiana.
• Violent Felonies: Some violent felony offenses, such as murder, manslaughter, or armed robbery, are ineligible for expungement.
• Multiple Convictions: If you have multiple convictions, the expungement process may be more complex. For some individuals with multiple criminal convictions, expungement may not be possible for all offenses.

Who is Eligible for Expungement?

First, if you are merely arrested for a crime and not charged you can have the arrest expunged. Second, if you are arrested and charged but those charges are later dismissed you can have the arrest and charging documents expunged. Third, lets say that you are arrested, charged, and finally convicted. In regards to a conviction, you can get these expunged in a specific set of circumstances and for the purposes of Part 1, I will focus solely on misdemeanor convictions.

First, if you were convicted of a misdemeanor but that conviction was deferred under La Code of Crim. Pro. Art. 894, then you are eligible for an expungement just as soon as you successfully complete your probation. What if your sentence was not deferred under Article 894? Your attorney can motion the Court to re-sentence you under Article 894 so as to make you eligible for an expungement as soon as you complete your probation. (See Article 881.1(a)(2)).

How Do I Know If I Am Eligible For An 894?

A quick way to know is that you can only have one 894 every 5 years. So if you have used one in the past 5 years, this new charge will not be able to be deferred under Article 894.

What is the Expungement Process in Louisiana?

The expungement process involves several steps, and it can take months to complete. Having a qualified Lake Charles expungement lawyer by your side can make a significant difference in ensuring that the process is handled correctly.

Step 1: Determine Eligibility

The first step in the expungement process is determining whether your conviction qualifies for expungement. A skilled Lake Charles expungement lawyer will review your case, including the details of your conviction, and advise you on whether your offense is eligible for expungement.

Step 2: Gather Required Documentation

Next, you will need to gather the necessary documentation to support your expungement petition. This may include court records, proof of completion of your sentence, and other relevant documentation.

Step 3: File the Expungement Petition

Once the necessary documentation is gathered, your Lake Charles expungement attorney will file a formal petition with the court. This petition will include information about your conviction, the circumstances surrounding the offense, and any other relevant details.

Step 4: Court Hearing

In some cases, a court hearing may be required to review the petition. The judge will evaluate whether you meet the eligibility requirements for expungement and whether expunging your record is in the interest of justice. If the judge approves the petition, your record will be expunged.

Step 5: Notification and Record Sealing

Once the court grants your expungement, the appropriate agencies will be notified, and your criminal record will be sealed. This means that your conviction will no longer be accessible to the public, including potential employers and landlords who conduct background checks.