New Orleans Louisiana Expungement Attorney
Expungement Law in the Greater New Orleans Area and the State of Louisiana has changed recently. Basically, the State has attempted to create uniform expungement forms and rules for all courts in the State. However, the changes have made expungements harder and with more delay. To clean a record in Louisiana there is a process that must be followed properly. The process begins with the determination of whether a not a person is expungement eligible. Our New Orleans Louisiana Expungement Attorney knows the law.
If a charge was dismissed, not prosecuted, or a person was found not guilty at trial they would be expungement eligible (exceptions can be certain sex crimes and violent offenses). If a person plead guilty to a crime under Louisiana Code of Civil Procedure Art. 893 or Art. 894 (And in some circumstances Art. 881.1 ) they may be eligible to clear the conviction from their record. Pleading under these articles of the Louisiana Code of Criminal Procedure will allow someone to go to court to file a motion to set aside a conviction. A conviction on a record requires an extra step that will require an additional court hearing.
Each jurisdiction varies on the way the expungement procedure will happen. In New Orleans Municipal & Traffic Court a court date will not be set as the clerks await the affidavits and responses that are to be filed the Louisiana State Police, New Orleans Police Depart, the District Attorney’s Office and the Orleans Sheriff’s Office. Once those are completed a court date will be set in the future. In Contrast Jefferson Parish’s 24th J.D.C. in Gretna, Louisiana sets a court date once the motion is filed. Our New Orleans Louisiana Expungement Attorney Harold E. Weiser II knows the law.
Alterations into the Law for Misdemeanor Expungement
There are a few subtle changes to legislation for misdemeanor expungements.
In case you are charged with a Misdemeanor:
You qualify for expungement after the prosecution is dismissed or the conviction is placed aside because of Louisiana Code of Criminal Procedure Art. 894(B).
Whether or not you plead under Art. 894(B), you are still eligible for an expungement if 5 or more years have passed since your probation was successfully completed.
- You will not to be eligible for an expungement for a sex offense.
- You will not be eligible for expungement for domestic abuse crimes.
Modification to the Rules for Felony Expungement:
A few of the changes to the law are specific to felonies because these crimes are more serious and obviously require more stringent standards to complete the expungement.
If you are charged or charged for a felony:
You are eligible for expungement after the prosecution is dismissed or your conviction is placed| aside because of this of Louisiana Code of Criminal Procedure Article 893(E).
Also if you would not plead under Article 893(E), you are eligible for expungement if more than ten years have passed since your sentence was completed, providing you have no open felonies charges and you have no criminal convictions on your record for the 10 years since the completion of your sentence for the previous felony.
You qualify for an expungement if you were convicted for own or possession with intention to distribute a controlled dangerous substance.
You are not eligible for expungement if the crime was for attempted or completed:
- Sex Offense and various Violent Crimes
As a caveat to this, there is a particular crimes which were identified as sex crimes, but are no longer private this way. If you were convicted or pleaded guilty to one of these crimes, it is possible you are eligible for an expungement of your record. A careful review of your case by an New Orleans Louisiana Expungement Attorney will be necessary.
- Any domestic abuse or domestic assault crime
We are viewing some push back from the Louisiana State Law enforcement officials, who maintain the Louisiana Bureau of Criminal Identification and Information, who believe if the offender was arrested because of a domestic abuse or domestic violence incident then the defendant is not eligible for an expungement. Call and experienced New Orleans Louisiana Expungement Attorney if your case arose from a domestic disturbance.
- A criminal offense involving a small child who is under the age of 17.
You are never entitled to an expungement if you were convicted of, or pleaded guilty to, distribution or manufacture of any drug or manipulated dangerous substance.
TOTAL COSTS FOR EXPUNGEMENT REPRESENTATION:
1) Motion to Set Aside Conviction: $750.00*
2) Charges Dismissed (No program done, if eligible): $1000.00 Total
3) Charges Dismissed or not prosecuted: $1000 plus $550.00 court costs = $1300.00 Total
4) Plead Guilty under Art. 893 or 894: $1500.00 plus court costs of $550.00 for $2050.00 total
Proudly serving: JEFFERSON PARISH, ORLEANS PARISH**, ST. TAMMANY PARISH, ST. BERNARD PARISH and ST. CHARLES.
**Orleans Parish fees can be different than stated above due to the Covid-19 pandemic.
Uniformity of Expungement Rules in Louisiana
The new law gives the State and Municipal entities and law enforcement groups 60 days to respond to an expungement from the date they are served. Each court handles that matter differently, but typically a court date is set 70-90 days out.
At the hearing, the defendants-in-rule (the District Lawyer’s Office, the Arresting Organization|, and the Louisiana State Police may object to the expunction. They may also waive their opposition in writing, if they choose. If a get together fails to appear for the hearing, fails to file an objection, or fails to waive their appearance in writing, they forfeit their rights to object the expungement.
This kind of means that you will have a longer turn-around time for an expungement to be completed.
The court cost of an expungement will not exceed $550. 00* (except for Article 894(B) expungements and pursuant to Art. 984)
- $250 will go to the Louisiana Bureau of Criminal Identification and Information.
- $50 will go to the arresting entity.
- $50 will go to the district Attorney where the arrest took place.
- $200 to the clerk of court
Note: All fees are non-refundable.
Fees may be waived for:
- An acquittal or finding of not-guilty at trial.
- The District Attorney consents to the expungement and case was dismissed by the District Attorney.
- The District Attorney consents to the expungement, the District Attorney’s Office refused to prosecute the charges, and time limit for criminal prosecution of the charges has expired.
- The applicant was arrested, but is not prosecuted within the time limit allowed by law to document legislation of information or obtain a Grand Jury Indictment.
- The applicant was found factually innocent via of a post-conviction relief application.
- A juvenile that has successfully completed a drug court docket.
Expungement Attorney for DWIs in Louisiana
There are several changes and additional requirements Driving While Intoxicated charge expunged from your record. If you pleaded guilty to Driving a car Under the Influence, you are required to send a certified letter to the DMV that includes a certified copy of the record of the plea, fingerprints of the defendant, proof that the defendant meets certain requirements of Louisiana Code of Criminal Procedure Articles 556-556. You need to pay an additional $50 to the DMV for the handling of the motion for expungement by the DMV.
Other Updates Pertaining to Expungements
A defendant in a multi-defendant case can get an expungement and the expunged person can be removed from the record.
A person who was arrested for a felony, but is guilty of a misdemeanor can have the felony arrest expunged and can have the misdemeanor conviction expunged. Presently there is no restriction on the quantity of felony arrests that can be expunged when the criminal offense or arrest results in a misdemeanor conviction.
If you were convicted or pleaded nolo contendere (no contest) to a misdemeanor or felony, and you are wondering if you now have the possibility to have your arrest or guilty plea expunged from your criminal arrest history, please feel free to give highly skilled New Orleans Louisiana Expungement Attorney at the Weiser Law Firm a call at (504) 358-2773.
The expungement process in Louisiana has become very time consuming and complicated. If the procedure is not done correctly the arrest and/or conviction will stay on a person’s criminal record. It is very important to have this process done correctly. See New Louisiana Expungement Law
Why Get an Expungement?
There are several reasons why a person might want to expunge an arrest from their record. Expungement refers to the legal process of sealing or erasing a person’s criminal record, making it inaccessible to the general public. Here are some common reasons for seeking expungement:
- Employment Opportunities: A criminal record can be a significant barrier to obtaining employment. Many employers conduct background checks, and having an arrest record can lead to job rejections or hinder career advancement. Expunging the arrest can improve the chances of getting hired.
- Education and Scholarships: Some educational institutions and scholarship programs may have strict policies regarding applicants with criminal records. By expunging the arrest, individuals may become eligible for admissions or scholarships that would otherwise be unavailable to them.
- Housing: Landlords and property management companies often conduct background checks on potential tenants. An arrest record can make it challenging to find suitable housing, but expungement can help remove this obstacle.
- Professional Licenses: Many professions require licenses or certifications, such as healthcare, law, teaching, and finance. Licensing boards may consider an applicant’s criminal record when determining eligibility. Expungement can increase the likelihood of obtaining the necessary licenses.
- Restoring Civil Rights: In some jurisdictions, certain civil rights, such as the right to vote, serve on a jury, or possess firearms, may be restricted for individuals with criminal records. Expunging an arrest can help restore these rights.
- Personal Stigma and Reputation: Having an arrest on record can cause personal embarrassment and social stigma. Expungement allows individuals to put the past behind them and move forward with a clean slate.
- Immigration Issues: Non-citizens may face deportation or inadmissibility to the United States due to certain criminal convictions. Expunging an arrest can strengthen their immigration status or application for visas.
- Peace of Mind: Even if the arrest did not lead to a conviction, the presence of an arrest record can cause anxiety and worry. Expungement provides peace of mind, knowing that the record is no longer publicly accessible.
It’s essential to note that expungement laws and eligibility criteria vary by jurisdiction, and not all arrests can be expunged. In some cases, certain convictions, serious crimes, or repeated offenses may not be eligible for expungement. Anyone considering expungement should consult with a lawyer familiar with the laws in their jurisdiction to understand their options and eligibility.
Clearing the Path to a Brighter Future: The Power of Expungement in New Orleans, Louisiana
As life presents us with opportunities and challenges, our past mistakes can sometimes cast a long shadow over our present and future endeavors. For many individuals in New Orleans, Louisiana, a past arrest can be a significant barrier to moving forward in life. However, there is a glimmer of hope that can shine a light on a brighter path: expungement. In this blog article, we will explore the importance of expungement and how a New Orleans Louisiana Expungement Attorney can be a guiding beacon towards a fresh start.
What is Expungement?
Expungement is a legal process that allows eligible individuals to seal or erase their criminal records from public view. Once expunged, the records are no longer accessible to the general public, including potential employers, landlords, and educational institutions. This offers a second chance to those who have learned from their past mistakes and are committed to making positive changes in their lives.
Why Seek Expungement?
- Unlocking Employment Opportunities: In today’s competitive job market, a criminal record, even if it resulted in an arrest without conviction, can be a significant impediment to securing gainful employment. Expungement empowers individuals to present themselves to potential employers without the shadow of past mistakes looming over their prospects.
- Embracing Educational Pursuits: Higher education can be a stepping stone to a promising future, but a criminal record can limit one’s access to scholarships and admissions. Expungement allows aspiring students to leave their past behind and focus on their academic goals.
- Finding Safe Housing: Housing applications often include background checks, and a criminal record can lead to housing rejections or difficulties finding suitable accommodation. Expungement offers individuals the chance to secure stable housing for themselves and their families.
- Restoring Voting Rights: In Louisiana, individuals with certain criminal convictions lose their right to vote. Expungement can help restore this essential democratic right, enabling citizens to participate fully in the electoral process.
- Professional Advancement: Some professions require licenses or certifications, and certain criminal records can disqualify applicants from obtaining these credentials. Expungement clears the way for career advancement and professional growth.
The Role of a New Orleans Louisiana Expungement Attorney:
Navigating the expungement process can be complex, involving detailed legal procedures and strict eligibility criteria. This is where a skilled New Orleans Louisiana Expungement Attorney becomes an invaluable ally. They possess a deep understanding of the state’s expungement laws and can provide personalized guidance through every step of the journey.
- Eligibility Assessment: A knowledgeable attorney will assess an individual’s eligibility for expungement based on their specific circumstances. Not all arrests are eligible for expungement, and an attorney can provide clarity on the best course of action.
- Filing and Documentation: Expungement petitions require meticulous preparation and submission of supporting documents. A seasoned attorney will ensure that all necessary paperwork is accurately completed and submitted within the required timelines.
- Representing in Court: If a court appearance is necessary, an experienced Expungement Attorney will provide strong representation, arguing the case persuasively before the judge.
- Streamlining the Process: By relying on an attorney’s expertise, individuals can expedite the expungement process, avoiding unnecessary delays and errors that might occur without legal assistance.
For those burdened by a past arrest in New Orleans, Louisiana, expungement can be a beacon of hope illuminating the path to a brighter future. By seeking the guidance of a skilled New Orleans Louisiana Expungement Attorney, individuals can effectively navigate the legal process, leaving their past behind and embracing new opportunities. Expungement is not just about erasing records; it’s about empowering individuals to reclaim their lives and contribute positively to society. The journey towards a fresh start begins with a simple step – seeking the assistance of a compassionate and experienced Expungement Attorney.
Contact an Experienced New Orleans Louisiana Expungement Attorney today at 504-358-2273.
Weiser Law Firm 3801 Canal Street Ste 205 New Orleans, Louisiana 70119