Everyone makes mistakes in life, and sometimes those mistakes can hinder personal growth. In the case of criminal charges, a record expungement can remove that mistake from public record and allow you to strive to live a regular, productive life.
This process may vary depending upon the state you live in. There are a few key elements to be aware of in regards to the expungement process in Louisiana.
The first critical step to take is to do your research and ensure that an expungement is available to you. Some of the most common instances where the courts grant an expungement include:
- Party found not-guilty or charges are dropped
- Prosecutor rejects prosecution of charges
- Time to prosecute elapses
Gain access to your criminal history report to see how the charges show on your record. You should be able to request the records from the Louisiana State Police.
If you are eligible for expungement, file a motion for expungement with the court. The motion must be complete and include all necessary paperwork. This part of the process is critical and if not correct could result in a denial. Therefore, it can be helpful to consult with or hire an attorney to assist with filing the motion properly.
Once you file a petition, you receive a hearing date for the request. The judge hears the case and decides to grant the expungement or not. If the court grants the expungement, the Clerk of Courts provides a copy of the new judgment to the arresting agency and the Louisiana State Police.
The entire expungement process takes time, approximately three to four months. However, the end result is well worth it. If you or a loved one is thinking of filing for an expungement in Louisiana, make sure you fully understand what it entails so you may execute it properly and reach the desired result.