What is an Expungement?
An expungement is a court order directing state agencies to remove an arrest or conviction from the public records. An expungement does not, however, mean the destruction of an arrest or conviction record as far as law enforcement and State governing agencies such as the Louisiana Board of Medical Examiners are concerned.
What is the benefit of having an arrest or conviction removed from the public records?
A criminal arrest or conviction for a misdemeanor or felony can create problems for you when applying for a job. Most employers perform background checks on potential employees before making a final hiring decision. Aside from employment, an arrest or conviction may also affect your ability to adopt a child or become a foster parent, to get a passport or a driver’s license, or when applying for government assistance.
What is the difference between a felony or a misdemeanor?
Generally speaking, misdemeanors are minor offenses requiring jail time of less than a year. Felonies are major offenses such as possession of narcotics, 3rd offense DWI and theft of goods over $500.00 dollars. A felony conviction means you can no longer vote, hold public office or own a firearm.
How do I know if I qualify for an Expungement?
Several factors determine your eligibility for an expungement: Did your arrest result in a conviction? Were you were sentenced under certain provisions of the law? For which offense were you convicted? This area of law can be somewhat complicated and a lawyer must research the arrest and conviction information to determine if you qualify.
What convictions cannot be expunged?
Solicitation for murder, first degree murder, second degree murder, manslaughter, aggravated battery, aggravated rape, forcible rape, simple rape, sexual battery, second degree sexual battery, intentional exposure to AIDS virus, aggravated kidnapping, second degree kidnapping, aggravated arson, aggravated battery, armed robbery, first degree robbery, assault by drive-by shooting, aggravated crime against nature and carjacking are some of the offenses that cannot expunged.
What kind of costs are associated with an Expungement?
The costs to expunge a record include court filing fees, attorney fees and State agency administrative costs to remove the information of your arrest or conviction. Attorney costs may vary depending on whether the District Attorney or Arresting Authority chooses to fight your request for an expungement.
How long does it take to expunge my record?
Expungement can often take a year or more to process. However, in some instances, it can take less time for the State agencies to clear your record.
To start the process of expunging your records, fill out the Expungement Intake Form. We will contact you soon thereafter to schedule an appointment.