Jefferson Criminal Record Expungement Lawyers:
An expungement lawyer specializes in assisting individuals in sealing their criminal records. People make mistakes. It will be more difficult to find employment, housing, and loans with an arrest and conviction record because those transgressions will appear on your background check. An experienced expungement attorney is needed to determine eligibility, obtain the necessary documentation, file the paperwork, and attend any hearings. If you have been arrested or and/or convicted, you should call an expungement lawyer to help you expunge your record and move on after your regrettable mistake.
What is an Expungement?
Per La. Code Crim. Proc. art. 972, an expungement “means to remove a record of arrest or conviction, photographs, fingerprints, disposition, or any other information of any kind from public access.” It “does not mean destruction of the record.” Following an expungement, a person is generally free to conceal or deny prior arrests or convictions while applying for a job or renting a home.
Who is Eligible for an Expungement?
The specifics of the arrest or conviction record determine whether a person in Louisiana is eligible for expungement. In general, people may qualify if they have served out their whole sentence, including any probation or parole, and if a predetermined amount of time has gone by without them being convicted again. The nature of offense also affects eligibility; under specific circumstances, certain felonies and misdemeanors qualify. However, expungement may not be available for all crimes, including violent acts, sex crimes, domestic abuse, certain drug offenses, and other major felonies.
One may be eligible for expungement if there are pending felony charges, the individual is not currently incarcerated, and all requirements of the conviction have been fulfilled. Misdemeanor and felony arrest records may be expunged if the prosecution was dismissed or the individual was acquitted.
Misdemeanor convictions may be expunged if five years have passed since your sentence and probation and no felony convictions during those five years; or the prosecution is set aside under La. Code Crim. Proc. art. 894. A felony conviction may be expunged if the conviction is set aside; the individual is entitled to a first offender pardon; or ten years have passed since the sentence and probation without any other felony convictions or charges pending.
There are two special types of expungements:
Expungement by redaction – “provides for the expungement of records of a person who is arrested or convicted with other persons who are not entitled to expungement and involves the removal of the name or any other identifying information of the person entitled to the expungement and otherwise retains the records of the incident as they relate to the other persons.”
Interim expungement – “means to expunge a felony arrest from the criminal history of a person who was convicted of a misdemeanor offense arising out of the original felony arrest. Only the original felony arrest may be expunged in an interim expungement.
The Louisiana Expungement Process:
The expungement process can be broken down into several steps:
- Determine eligibility – Obtaining a copy of the court minutes of your case and your criminal history will provide the information necessary for your expungement lawyer to determine whether you are eligible for an expungement. This step is crucial because the law does not allow a refund of the court costs if the expungement is denied.
- Background check – In Louisiana, a state background check that includes a list of all arrests and convictions is usually required for an expungement. The Louisiana State Police is in charge of keeping track of criminal records in Louisiana. You must ask them for a background check and make sure to specify that it is for expungement.
- File a motion for expungement – Your expungement lawyer will prepare a petition/motion to expunge your record. You might occasionally need to file a motion to set aside a conviction first in order to become eligible. The motion to set aside and motion for expungement must be filed in the court where the case was first heard.
- Waiting period – The State Police, the arresting agency, and the District Attorney will all receive a copy of your motion for expungement, and each will have sixty days to file an objection. If this happens, you will receive a notice to appear in court if there are issues with your expungement.
- Judge reviews the motion for legal sufficiency – If none of the agencies objects, you should receive a notice that your request for expungement was granted. If one of the agencies does object, then you and your expungement lawyer will have an opportunity to address the issues at a contradictory hearing.
- Obtain a Certificate of Compliance – After your expungement is granted, the clerk of court will send a copy of the order to the local law enforcement, the local District Attorney, the parish sheriff, and the Louisiana State Police. Once each agency seals your record, the State Police will issue you a certificate of compliance.
What to Expect:
When pursuing an expungement, it is important to have realistic expectations.
What an Expungement Will Do:
- Remove your arrest or conviction record, associated photos, fingerprints, disposition, and any other relevant information from the public record.
- Keep your criminal history from being accessed or reported by “background check” companies.
- Stop potential employers from seeing state databases that contain your criminal history.
- Stop lenders and banks from taking your wiped criminal record into account when determining whether to provide you credit.
- Stop insurance companies from taking your erased criminal history into account when determining whether to offer you specific insurance plans.
- When you apply for a lease, avoid giving private landlords access to your criminal history.
- Avoid providing your criminal background to certain government landlords when you seek for subsidized housing aid.
- Avoid having your criminal background obtained by colleges and universities when you apply for admission.
- Give yourself the legal right to bring a lawsuit against private entities who sell or broadcast your criminal record.
- Permit you to select “no” when asked if you have ever been arrested or found guilty of a crime on employment questionnaires and applications.
- Save you and your loved ones from the unjust social shame that comes with having a criminal record that is accessible to the public.
What an Expungement Might Do:
- In certain restricted situations, permit you to pass a Federal National Instant Criminal Background Check (NICS) in order to buy a handgun.
- Reduce the possibility that certain convictions on your driving record will result in higher insurance premiums from insurance companies.
- When you apply for a professional license, you can prevent some state licensing boards from accessing your criminal past. Your criminal past will always be accessible to certain boards.
- lift the restriction on receiving government housing aid for you or your family.
- Remove a restriction on receiving government grants or student loans.
What an Expungement Won’t Do:
- Make you automatically eligible for a TWIC card.
- Automatically get government approval to buy a gun after receiving a “Brady Denial.”
- Get your right to vote back. Once their sentences, parole, or probation are up, ex-offenders should just re-register to vote.
- Physically destroy the records pertaining to your arrest and/or conviction.
- Automatically reinstate your driving and operator’s license privileges.
- Erase your need to register as a sex offender with the sheriff or municipal authorities.
- Conceal your record from government agencies. In some cases, the state may use your expunged conviction as a “prior offense” in future prosecutions and investigations.
- Prevent deportation automatically in federal immigration cases. In most cases, expungement has no bearing on immigration processes.
- impact any criminal history at the federal level. Generally speaking, a criminal conviction in federal court cannot be expunged.
Louisiana Expungement Lawyers:
We are a Gretna law firm that has served the New Orleans area since 1980. Our experienced expungement lawyers are well versed at helping clients clear their criminal records. We take pride in offering a personal and trusted experience. Call us today for a free consultation and find out why so many of our clients come back to us.
Call us today for a free telephone consultation with a Jefferson expungement attorney.