Louisiana Criminal Record Expungement: Learn How to Get Your Criminal Record Expunged in Louisiana
An Expungement means the total removal of a convict's criminal history from the public record. An expunged record is though confidential, it is still kept with the local law enforcement agencies. A criminal record can hinder the life of a person in various aspects including finding a job, buying a house, pursuing higher education or even starting a business. Any person who has internet connectivity can check your background and your criminal record which can lead to discrimination against you.
Louisana maintains transparency and allows full access to all criminal and subsequent court records at the Louisiana Court Records website. Louisiana has enacted laws that have made expunging criminal records for convicts much less cumbersome.
Eligibility for criminal record expungement in Louisiana
Misdemeanor Offenses: In-case of Misdemeanor offenses and conviction thereof, Louisiana expunges criminal records associated with the person without a petition with exceptions.If it has been five years since the beginning of your conviction or your prison release, probation or adjudication. Also, there should not be any other charges during the five-year waiting period.
Only one misdemeanor offense will be expunged during the five year period and have no other charges pending against you. In-case of a drug conviction, records will be expunged once after the ten-year waiting period.
Adjudication: To file a petition and expunge the misdemeanor conviction that you are accused of and carry out a definitive dismissal date to carry out the said adjudication.
Felony Offenses: When a person is convicted with a felony offense, their record will be eligible for expungement under the following conditions:
- All the criminal charges against the defendant were acquitted.
- Ten years' tenure has passed, and the person has not committed another crime and has completed the conditions of his sentence during that period.
Felony convictions which include violent crime and sexual misconduct are not expunged under the Lousiana criminal record expungement law.
Controlled substance offenses: Person committing drug offense are usually not eligible for expungement, except lower-level drug offense and juvenile offenses. If you were a juvenile and it was a first-time offense then Louisiana expunges criminal records when you will turn 18 years or older. In-case of low-level drug offenses, one has to file a petition in the court.
Two different kinds of pardons are given to offenders in Louisiana. Normally a first-time pardon is given to most offenders in the state of Louisiana with some exceptions. A first-time pardon will not seal any criminal record or hide it from public access. A governor's pardon, however, will help you in getting criminal records expunged in Louisiana and will give you the legal right to deny your criminal record history.
The process of Criminal Record expungement in Louisiana is a little complicated and requires the court's approval.
- You have to visit the district county court with state identification proof and obtain a petition form.
- Request a background check from Louisiana State Police.
- Download and fill up a criminal packet from Criminal Court.
- Submit a copy to the court where you were sentenced and send a copy to the court where you were sentenced and another copy to the prosecutor.
The amount needed for the entire process will be around $600.Your fees might be waived under the conditions that this is your first-time offense or you were acquitted and the case was dismissed.
The entire process will take around sixty days to complete from the date the petition form and all associated documents are submitted. The court will likely conduct a hearing and will decide whether your criminal records are eligible for expungements or not based on your conduct after the conviction, the dangers you pose to the society and the period between your conviction and your petition filing.
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