How Do You Get Your DUI Charges Expunged From Your Record?

The expungement process in Louisiana is a time-consuming ordeal. If done correctly and approved, it will result in the removal of your criminal records from all state agency files. It does not destroy the records, and they are still viewable by certain official sources. With the help of a professional and knowledgeable expungement lawyer, you can complete the following steps: 

Determine Eligibility

A court must grant eligibility for expungement. In Louisiana, it is likely you are eligible if you had been charged with a nonviolent misdemeanor, your case was dismissed, or you were found not guilty. Examples of reasons you would be considered ineligible for expungement would include: 

• Be charged with a violent crime
• Being charged with a sex crime
• Distribution of dangerous and illegal substances
• Misdemeanor stalking
• Crime against a minor

You must also meet the legal time requirement. For cases that were dismissed, you may file for expungement immediately. For misdemeanors punishable only by fine, you must wait six months, and for misdemeanors punishable by fine or imprisonment, you must wait two years. If you are unsure whether or not you are qualified to begin the process, your Minden DUI lawyer can review your records and case. 

Complete Necessary Forms

To determine the necessary forms to complete, you can check with your local parish court clerk, the Louisiana Clerks of Court Association website, or your personal injury lawyer. Some courts will require additional documents or certified copies of your record to proceed. Along with the forms, you will have to pay a fee to the Louisiana State Police’s Bureau of Criminal Identification and Information and possibly the court. For misdemeanors, the fee is $550, and for a DWI, it is $600. This fee is nonrefundable, even if expungement is denied. It is possible, though, that the fee can be waived if your charges ended in dismissal, acquittal, or a successful motion to quash. 

File Petition

Once you have completed your documents, you will attach those alongside your petition for expungement. Your DUI expungement attorney can help you navigate the petition form, the filing, and how to further proceed with the process. Louisiana expungement law allows sixty days from the date of filing for a response from the state agencies, so the time a response can take varies. 

If your petition is accepted and your expungement order is processed, it can take a couple of months for your information to be officially updated in the background check company’s systems. 

What Could DUI Expungement Mean for You?

At John D. & Eric G. Johnson Law Firm, our criminal defense lawyers understand the importance of having a clean record and are here to help you get it back with our expertise in expungement law. Whether you’ve been convicted or received an acquittal, we can help clear your criminal history through the process of expungement, giving you back the freedom you deserve. 

Expungement of your DUI can have a dramatic effect on your life, not just in terms of employment opportunities but also in travel, housing, and other areas. Once your expungement is approved, it means all state agency records are removed. Your conviction, dismissal, or acquittal is wiped from the record and is considered confidential. In most cases, you can legally deny any arrest or conviction history. 

With a clean record, you may be able to apply for jobs that would otherwise be off-limits to you due to the conviction or even access financing that you previously would not be eligible for. If you’re looking to put the past behind you and start fresh, don’t hesitate to get in touch with our team of experienced DUI expungement lawyers today.