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Is Expungement Right For You?

expungement

 

Have you ever done something you regretted that led to a criminal charge or conviction?  In your youth, did you get a DWI or were you ever arrested for a drug charge or other crime for which you either pled guilty or had the charge dropped? Did you later wonder whether that arrest, charge or conviction was still on your record?  More than likely, any employer who checks your record will find evidence of such an arrest or conviction, and this past incident could be the factor to deny employment.  What can you do about this situation?

Louisiana law provides for the expungement of arrests that did not lead to convictions, and also provides for the expungement of most misdemeanor and some felony convictions under certain circumstances.
Expungement is the process whereby your record is “wiped clean” so that a potential employer, landlord or professional group will not find evidence of an arrest or a conviction while doing a background check on you.

Not all convictions can be expunged.  For the most part, any felony conviction that involved a crime of violence cannot be expunged; however, arrests (even felony arrests) that did not result in a conviction and that were later dismissed or not prosecuted can be expunged without a person’s having to pay court costs unless there are other convictions on the person’s record. Most misdemeanors, including first and second offense DWI’s, if the requisite time period has passed, can also be expunged.   Certain felonies, depending on the type of plea that was made and/or the length of time that has passed from the guilty plea, may also be expunged; however, the expungement of convictions are subject to court costs depending on the particular charge. For instance, an expungement of a DWI has more court costs than the expungement of a misdemeanor theft conviction.

The legislature has overhauled our expungement laws over the last several years.  The process has become much more tedious and time-consuming for attorneys who work in this area. In the last legislative session, there was even a change which may allow persons with certain felony convictions to obtain their right to gun ownership under state law.  Again, this is a complicated matter, and requires an attorney experienced in this area to give you the proper advice.

At Chris Roy, Jr. Law Corporation, Chris Roy, Jr. has handled numerous expungement cases, and can give you the advice you need as to whether you are eligible for an expungement.  The initial consultation to determine whether you are eligible for an expungement is free, so please call Chris at 318-487-9537 to determine your rights under the expungement law.

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