Louisiana Expungement & Criminal Record Removal Services
If you have been convicted of a crime in Louisiana, you may be eligible to have the conviction expunged. A criminal record carries with it a wide array of negative consequences. A conviction can affect your entire life, from your ability to get a job to your ability to pursue higher education. Louisiana allows almost complete public access to criminal court records. Any person with an internet connection can potentially see your record, and subsequently discriminate you because of it.
Fortunately, Louisiana enacted a new law allowing certain types of criminal convictions to be expunged and sealed from public view. Previously, no method for expungement existed in Louisiana. The Louisiana State Law, enacted in May of 2014, allows for many Louisianans to clear their criminal record. Expunging a conviction removes it from the public record, making it inaccessible to employers, landlords, and the general public.
How to Remove your Louisiana Record
The new Louisiana law even has a provision making it a crime for private entities to disclose your record once it has been expunged. It is clear that the law makers in Louisiana are serious about providing relief and second chances to people suffering under the weight of criminal convictions. Our firm offers the following Louisiana legal services:
- Louisiana Arrest Record Expungement: Louisiana State law allows for expungement of criminal records for arrests that did not result in conviction. The expungement fully seals the arrest records held by state and local criminal record databases, making them inaccessible to potential employers, landlords, the general public, and most government agencies.
- Louisiana DUI Expungement: Louisiana State law allows for expungement of criminal records for many types of misdemeanor of felony convictions. This includes the expungement of misdemeanor DWI/DUI crimes – requiring that a person did not have a past expungement of a DUI within the last 10 years. The expungement fully seals the arrest records held by state and local criminal record databases, making them inaccessible to potential employers, landlords, the general public, and most government agencies.
- Louisiana Expungement: Louisiana State Law recently changed to allow for the expungement of most misdemeanor and felony convictions. Misdemeanor convictions can be expunged so long as five years have passed since the date of release from sentence, or immediately if the case was dismissed and set aside following a deferred sentence. Misdemeanor convictions can only be expunged once every five years, and are not allowed for sex offenses, domestic violence, or stalking convictions. Felony convictions can also be expunged in Louisiana. Felonies can be expunged so long as ten years have passed since the date of release from sentence, or immediately if the case was dismissed and set aside following a deferred sentence. A felony conviction can only be expunged once every ten years. Felonies for offenses of violence, sex offenses, and certain types of controlled substance offenses can never be expunged. However, a provision of the statute makes sure that most minor possession and possession with intent to sell conviction can be expunged.
- Louisiana Set Aside and Dismissal: Louisiana law allows most first-time offenders to enter a plea pursuant to a deferred sentence agreement. This means that the charges can be fully dismissed and set aside following successful completion of probation. Unfortunately, the dismissal and set aside does not happen automatically when probation is finished. A motion must be filed with the court to make sure the charges are properly dismissed and set aside. This process makes misdemeanor and felony cases eligible for expungement right away.
Why You Should Hire WipeRecord
If you are ready to move on with your life and leave your criminal record in the past, our firm is here to help. Take our free, confidential Eligibility Test to see if you qualify under Louisiana law for a criminal record expungement. If you would prefer to speak with one of our Licensed Attorneys or Criminal Records Analysts, please call us toll free at (844) 947-3732.
The benefits of expunging your criminal record in Louisiana include:
- Being able to legally state that you have not been convicted of a criminal offense to employers and landlords
- Improving your ability to obtain higher-paying job opportunities
- Eliminating the concern and potential embarrassment of failing a background check by removing public access to sensitive personal information
- Becoming eligible for professional licenses you previously did not qualify for
- Increased eligibility for student loans, housing assistance, and government programs
- Improving access and admission to college and other educational resources
The process of expunging a criminal record in Louisiana can be very difficult. The laws regarding eligibility and the petition that must be filed with the court can be difficult and tedious. Hiring our law firm is the best way to obtain peace of mind that your expungement will be performed correctly the first time. You can trust that you will get exceptional service, as we have an A Rating from the Better Business Bureau, and our attorneys are listed as Super Lawyers and rated as Superb Attorneys by prestigious attorney rating services such as Thompson Reuters and Avvo. Our law firm has attorneys licensed to practice law in all Louisiana State courts, provides low price guarantees, and is here to work hard to put your criminal record behind you.
Louisiana Criminal Record Removal Services
Louisiana Arrest Record Expungement
If you were arrested for a charge and your case was dismissed or did not result in conviction, you can petition to have those records expunged. This remedy is available for felonies and misdemeanors, so long as you meet certain requirements:
- Arrest only
- You were not prosecuted for the offense for which you were arrested, and the statute of limitations for that offense has expired
- Your case was dismissed
- You qualify if the District Attorney declined to prosecute for any reason, or;
- The charge was disposed of by dismissal, motion to quash, or acquittal
For these types of cases, there is no waiting period for filing your expungement petition, subject to one small exception. There is a special provision for DUI or similar offenses. If you were placed into a pre-trial diversion program, and your charge was ultimately dismissed, you must wait five (5) years before you can expunge your case.
“Deferred Adjudication” is a type of sentence where a judge places you on probation for the charge but defers actual sentencing for the crime. If you successfully complete the terms of your probation, the judge can set aside the conviction and dismiss the prosecution. However, violating the terms of your probation will typically result in a finding of guilt and sentencing. A “Suspended Sentence” is NOT the same thing as deferred adjudication.
Louisiana Misdemeanor Conviction Expungement
Louisiana state law allows the expungement of misdemeanor convictions in a few different situations, including:
- Deferred Adjudication: You can immediately file a petition to expunge your misdemeanor conviction if you received a set aside and dismissal due successful completion of deferred adjudication (see below for a definition of “deferred adjudication.”
- Misdemeanor Convictions:The general rules for expungement of misdemeanor convictions, include:
- Five years have elapsed since the completion of your sentence and you have not been convicted of a felony during that five-year period;
- You do not have any pending felony charges;
- It is not a conviction for domestic violence, a sex offense, or stalking; and
- You have not obtained a misdemeanor expungement in the previous five years.
Misdemeanor Operating a Vehicle While Intoxicated Convictions: If were convicted of operating a vehicle while intoxicated or similar charge, you can only expunge this type of conviction once every 10 years.
Louisiana Felony Conviction Expungement
Louisiana state law allows the expungement of felony convictions in a few different situations, including:
- Deferred Sentences: You can immediately file a petition to expunge your felony conviction if you received a set aside and dismissal due successful completion of deferred adjudication (see below for a definition of “deferred adjudication.”
- Felony Convictions:The general rules for expungement of felony convictions, include:
- Ten years have elapsed since the completion of your sentence and you have not been convicted of a misdemeanor or felony during that ten-year period;
- You do not have any pending misdemeanor or felony charges;
- It is not a conviction for “Crimes of Violence,” crimes against minors, drug trafficking offenses (though possession with intent to distribute is eligible), a sex offense, or stalking; and
- You have not obtained a felony expungement in the previous fifteen years.
Expungement of Certain Felony Drug Offenses
The general rule of Louisiana expungement law is that violations of the Uniform Controlled Dangerous Substances Law are not eligible for expungement. However, the law makes exceptions for specific lower level drug offenses. If you have a drug charge for any of the following offenses, you can petition for an expungement:
- Possession of a drug
- Possession with intent to distribute
- Any drug conviction punishable by a term of imprisonment of 5 years or less
- Any drug conviction for which you received a deferred sentence, successfully completed your sentence, and had your case dismissed.
As with other felonies, you can only petition to expunge a qualifying drug felony once every fifteen (15) years.
The expungement laws of Louisiana can be complex and complicated. The best thing to do if you want to have your record expunged is contact an experienced expungement attorney. Our law firm is happy to help you with this process. We strongly encourage you to take our FREE, confidential Eligibility Test or give us a call toll free at (844) 947-3732 to discuss your eligibility and the process of expunging a criminal record in Louisiana. The entire process can take 3-4 months in Louisiana, so the quicker you contact us, the quicker we can get to work helping you put your past mistakes permanently behind you!