NOLA Criminal Law is Offering Free Advice on Filing Expungements

Dec. 10, 2012 - PRLog -- NOLA Criminal Law and attorney Townsend Myers are offering free advice on filing expungements in New Orleans, Louisiana. If it is determined that an individual qualifies for an expungement, a discount will be offered for the preparation of paperwork.

Don’t let your criminal record keep you down. Remove your arrest record from public view. An expungement is a court order to remove an arrest or conviction record from public view.  Law enforcement officials and some agencies may still be able to find out about your record, but when a record is expunged, the public (including employers) should not be able to find out about it.  Since a criminal record can keep you from getting accepted into school, getting a  job, or a professional license or a permit you need for a job, having your record expunged can be very important. Don’t risk losing out on a great job or other opportunity because of something that happened in the past.  You’ve taken care of the issue, why should it continue to haunt you?  Getting an expungement can help ensure that mistakes from your past stay in the past.  Don’t let them interfere with your future.

Save time, avoid frustration, do it right.  Hire a Lawyer. In many cases you may be able to file for an expungement yourself, but hiring a qualified and experience lawyer to handle your expungement for you will not only save you the frustration of navigating the complex procedures involved, but will also insure that it is done the right way. Call or text me at (504) 571-9529, or email me at townsend@nolacriminallaw.com, and I can help you begin the process. Read on for more information.

Expunging a Felony Conviction

If you are (or have been) convicted of a first-time felony offense in the State of Louisiana you MAY be eligible for the following relief:

First offender pardon
Dismissal / Set-aside of your conviction
In many cases a first offense felony conviction may be dismissed, set aside and expunged under the provisions of Article 893 of the Louisiana Code of Criminal Procedure.

When a conviction is entered under Art. 893, the court defers the imposition of sentence and places the defendant on probation under the supervision of the division of probation and parole. If the court finds at the conclusion of the probationary period that the probation of the defendant has been satisfactory, the court may set the conviction aside and dismiss the prosecution.  The dismissal of the prosecution shall have the same effect as acquittal, and the defendant is also entitled to have his or her record expunged.

In order to take advantage of the provisions of Article 893, your lawyers must make a motion with the court at the time of sentencing. If the motion is not made at sentencing, it may be more difficult or impossible to file for an expungement.

Therefore, it is extremely important that you have a competent criminal defense attorney to represent you at trial in order to take advantage of the Louisiana expungement provisions.

Expunging a Misdemeanor or DUI/DWIConviction

In order to have a misdemeanor or DUI/DWI conviction expunged, the Louisiana State law requires that an individual first have the conviction dismissed and set aside under the provisions of Louisiana Code of Criminal Procedure, Article 894. In order to take advantage of this provision, your attorney must, at the time of your sentencing for a misdemeanor conviction, move the sentencing judge to allow you conviction to be entered under Article 894. This provision of the law allows a judge to dismiss your case set your conviction aside after the successful completion of a period of probation. Only under those circumstances can you move the court  to dismiss and set your misdemeanor conviction aside. For that reason, it is imperative to have effective representation from a criminal defense attorney at all stages of the misdemeanor process.

So having the opportunity to fully expunge a misdemeanor conviction requires several things:

Being sentenced under Art. 894 at the time of your conviction
Successfully completing your misdemeanor probation
Filing a Motion to Dismiss and Set Aside your conviction under Art. 894; and
Filing a Motion to Expunge your record.
Though the expungement process itself does not require that you retain an attorney, an experienced criminal defense attorney can help make sure that the process is handled efficiently and effectively.

Expunging an arrest

An arrest that does not result in a conviction may be expunged by filing a Motion for Expungement pursuant to Louisiana Revised Statute 44:9. That law states as follows:

“Any person who has been arrested for the violation of a municipal or parish ordinance or for violation of a state statute which is classified as a misdemeanor may make a written motion to the district, parish, or city court in which the violation was prosecuted or to the district court located in the parish in which he was arrested, for expungement of the arrest record…”

There are a number of complexities in the law related to expungements, and it is important to consult with an attorney to determine whether you are entitled to have your arrest expunged. Chances are good that your arrest can be expunged, but making sure you do it correctly is important to make sure the arrest is actually removed from your record.