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How can I have my criminal record expunged?

On Behalf of | Feb 1, 2017 | Criminal Defense

If you have a criminal record in Louisiana, you are no doubt aware of the lasting impact it can have on many different facets of your life. In this case, it may be worthwhile for you to look into having your record expunged. Doing so can remove the stigma associated with being arrested, as well as allow you to have a fresh start when it comes to employment and other important matters.

According to the Justice and Accountability Center of Louisiana,  there are several considerations you should make when getting a record expunged. For instance, time limitations may apply depending on the situation. If you received an expungement for a DUI conviction within the last ten years and are pursuing an expungement for the same charge, you will need to wait a subsequent ten years for the second expungement.

You should also be aware of the types of criminal records that are eligible for expungement. In general, felonies that resulted in a conviction cannot be expunged. However, felonies that were acquitted, dismissed, or quashed can often be, provided that further prosecution is not possible. Misdemeanors follow a similar pattern, meaning that any convictions are not capable of being expunged.

There is an exception to this rule however. Arrests that ended in a conviction can be expunged if you’ve completed all the requirements of probation and sentencing was conducted under certain Articles of the Louisiana Code of Criminal Procedure (specifically Articles 893 and 894). Expungements can be filed with the aid of an attorney, or they can be submitted on your own. In terms of how long it can take to have your record cleared, a year is usually the standard length of time.