A criminal record can cast a long shadow over your life, limiting your chances of career advancement, finding stable housing, and seizing new opportunities. In Louisiana, the process of expungement allows individuals to remove certain criminal convictions from their records, offering a chance at a fresh start. However, not all convictions are eligible for expungement.
Certain convictions, particularly those involving violent crimes, sexual offenses, and crimes involving minors, are not eligible for expungement in Louisiana. However, individuals with these arrests or convictions on their records should still consult with a lawyer about their situation, as crime definitions have changed over the years, which could allow certain records to be eligible for expungement. If you’re wondering whether your criminal record qualifies for expungement in Louisiana, talk to the expungement lawyers at John D. & Eric G. Johnson Law Firm for clear answers.
What Does Expungement Mean?
Expungement is a legal process that erases criminal convictions and arrests from an individual’s record, making them invisible to employers, landlords, and others. If the expunged offense was your only mark, you can truthfully claim a clean criminal history moving forward. Without the burden of a criminal record, individuals can flourish and reintegrate into society more effortlessly.
However, not all criminal charges qualify for expungement. Each state has its own laws detailing which offenses can be expunged and the eligibility criteria. In Louisiana, these rules are particularly stringent for certain crimes. Information found online may not always be accurate, so it’s best to consult an expungement attorney who can offer guidance based on current laws and your situation.
Non-Expungeable Convictions in Louisiana
Some felonies and violent crimes, as outlined under Louisiana Revised Statute 14:2(B), are ineligible for expungement. In Louisiana, these non-expungeable charges include:
- Sex crimes: These include rape, sexual battery, indecent behavior with a juvenile, sex trafficking, and prostitution involving minors
- Violent crimes: This includes murder, aggravated assault, shootings of all kinds, armed robbery, arson, kidnapping, domestic abuse, and domestic violence
- Drug crimes: This relates to manufacturing or distribution of controlled substances
- Other serious offenses: These are crimes where the victim was a minor, aggravated crimes against nature, home invasion, crimes involving terrorism, etc.
These offenses are considered too severe to be removed from public records, reflecting the state’s commitment to public safety and legal transparency. There are certain exceptions to these rules, and a knowledgeable Louisiana expungement lawyer can help you determine if any apply to your situation.
How to Get a Charge Expunged in Louisiana
While not all offenses are eligible for expungement, many may qualify if specific conditions under Louisiana law (CCRP 978) are met, which typically involves the following steps:
- Eligibility check: Ensuring the conviction is eligible for expungement under Louisiana law.
- Document preparation: Gathering all necessary court documents and records.
- File the petition: Submitting a petition for expungement with the appropriate court.
- Payment of fees: Paying the required fees, starting at $550.
- Court hearing: Attending a court hearing if needed, especially if there are objections to the expungement.
In addition to the type of crime committed, you must meet specific criteria to have your record expunged. That includes completing your sentence, having no current charges pending, paying all fines and restitution, and having no other convictions on your record. If you believe you qualify, consult a knowledgeable expungement attorney to learn more about the criteria and follow the necessary next steps.
Get Legal Help With Your Louisiana Expungement
The first step toward expungement is discussing your case with a knowledgeable Louisiana attorney. Your attorney can evaluate your eligibility and explain the process in detail, helping you file a motion with the court to have your criminal record hidden from the general public, including potential employers. Although certain officials and state agencies might still access your record, most of your criminal history will no longer be visible, allowing you to honestly state that you have not been convicted.
When you consult with attorney Eric Johnson about expungement, you’ll receive a realistic assessment of your chances of having your record expunged. Contact John D. & Eric G. Johnson Law Firm today for straightforward legal guidance at (318) 377-1555 or complete our contact form to schedule a free consultation.
