Some criminal offenses can be expunged in Louisiana. When a criminal record is expunged in Louisiana, it is sealed from public view. Most people, such as landlords and prospective employers, would not be able to access it. However, some law enforcement agencies and state licensing agencies would still have access.
It should be noted that expungement does not restore a defendant’s right to possess a firearm. Individuals who want to restore their right to possess firearms must use a different legal procedure.
Not every felony conviction can be expunged in Louisiana. However, many non-violent felonies and certain felonies involving controlled substances may be eligible.
Technically, expunging a conviction is a legal process. A defendant, or their attorney on their behalf, submits a motion to a court. Of course, certain conditions must be met, as explained below. If the court grants the motion, the defendant is legally allowed not to report the expunged conviction on job applications and applications for housing.
There are a number of complexities to expungement in Louisiana. A defendant would want to consult with an attorney if they are interested in felony expungement in that state.
An individual with a criminal record that they want to expunge must wait for a specified period of time before they can apply for expungement. The length of the waiting period depends on the nature of the crime contained in the record and the way in which the criminal case was resolved.
The expungement waiting period for both felonies and misdemeanors begins to run when the criminal case at issue is finally discharged or concluded. A criminal case has not ended until the defendant has served their entire sentence, e.g., completing the probation to which they were sentenced and/or paying any restitution or fine that they were ordered to pay.
Once a defendant has fully complied with all of the terms of their criminal sentence, the expungement waiting period begins to run. Many courts make note in the record of their proceedings the exact date on which a criminal sentence has been completed. This is when the expungement waiting period begins to run.
A person can get more information from a local Louisiana lawyer.
What Factors Influence Felony Expungement?
One factor that has an influence is whether the defendant has no more than 2 offenses on their record that are eligible for expungement. If they were to have more such offenses, the offenses would not be eligible for expungement.
Another important factor is the nature of the criminal offense that the defendant seeks to expunge. It must be an offense that is eligible for expungement.
A certain amount of time must have passed from the date the defendant completed their sentence and the date on which expungement becomes available. Misdemeanor convictions become eligible 5 years after a defendant completes the sentence. Of course, the defendant must not have committed any other criminal offense within those 5 years.
Non-violent felonies, e.g., theft of property with a value over $1,000 and certain drug offenses, may become eligible 10 years after the defendant completes their sentence. Crimes that involve violence, sex offenses, and crimes whose victims are minor children are never eligible for expungement.
Which Felonies Can Be Expunged?
Again, not all records of felony offenses are eligible for expungement. Eligibility for expungement depends on the following factors:
- The nature of the offense, e.g., whether it involves inflicting violence on the victim
- Whether the offense was a misdemeanor or felony
- Whether the defendant has completed all of the terms of any sentence that was imposed
- Whether the defendant has engaged in any criminal activity subsequently to the offense they seek to expunge.
As a general matter, records of minor offenses, e.g., some misdemeanors and some felonies under specific conditions, may be eligible for expungement. Offenses that can be characterized as serious, e.g., crimes that involve violence, sex offenses, and other major felonies, are often never eligible for expungement.
What Is the Process for Expunging a Felony?
If a defendant knows that their offenses are eligible for expungement, they must submit a petition to the court in which their case started. In Louisiana, this may be a general sessions court or a trial court. Courts do not all operate in the same manner, so, again, a defendant would want to consult a Louisiana criminal defense attorney for guidance as to how to proceed.
The process works as follows:
- Determine Eligibility: Of course, a defendant wants to first confirm that their felony offense is eligible. They would also want to check on the court’s particular requirements.
- Obtain Certified Copies: The defendant then should obtain a certified copy of either their Bill of Information or their Indictment. They also need certified copies of the minutes and final disposition of their case from the court in which they were convicted. These documents should show that they completed their sentence and other necessary information as well.
- Motion to Expunge Criminal Records: The defendant must then prepare and submit to the court a Motion to Expunge Criminal Records. It should be filed in the court in the parish in which the conviction was recorded.
Along with the motion to expunge, a defendant would want to submit an affidavit of response and a background check from the Louisiana State Police. They must also submit copies of their motion to expunge to the district attorney for the parish in which they file the motion, the law enforcement arresting agency, and the Louisiana Bureau of Criminal Identification and Information.
Any one of these parties may object to the expungement. They have 60 days in which to do that. If they do object, the court may hold a hearing on the issue.
If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?
In Louisiana, expungement seals a defendant’s criminal record from public view, but does not erase it entirely. Once the record is sealed, most employers, landlords, and educational institutions are not able to access it. However, it may still remain accessible under some circumstances to law enforcement agencies and some state licensing boards.
Although a defendant’s criminal record may still be accessible to law enforcement and licensing boards, an individual may still live free of the negative consequences of their conviction in many areas of their life.
Which Felonies Are Not Eligible for Expungement?
Generally, expungement is not available for felonies that involve violence. If the waiting period has not passed, expungement is not available. Sex offenses and other offenses of a serious nature may not be expunged.
As noted above, all types of criminal records are not eligible for expungement. Again, it is only available for the records of some misdemeanors and some felonies under specific conditions.
Do I Need an Attorney for Help With Felony Expungement?
If you have a criminal record and are concerned about the negative impact it may have on your life, you need to talk to a Louisiana expungement lawyer.
LegalMatch.com can connect you to a lawyer who can review your case and make sure that you are convicted of a criminal offense that is eligible for expungement. Your lawyer can then guide you through the expungement process to a successful conclusion that may free you of the negative effect of the offense on your life.
