In Louisiana, expungement lets people hide their arrest or conviction records from the public. This can help them get a new start and improve their chances of finding a job, a place to live, or going to school. This guide gives you all the details you need about how to expunge your record, who can do it, how much it costs, and how long it takes. It’s especially for people in Louisiana who want to clean their slate.

What is Expungement?

Expungement is the legal process of sealing or removing an arrest or conviction record from public view. In Louisiana, this does not mean the destruction of the record but restricts access, making it invisible to most public checks.

Eligibility for Expungement in Louisiana

Understanding who is eligible for expungement in Louisiana is crucial for those looking to clear their records. Here’s a breakdown of the eligibility criteria for different types of offenses:

Misdemeanors

• Basic Rule: You can usually clear a misdemeanor from your record if five years have passed since you finished your sentence, including any probation, without committing another crime.
• Exceptions: You cannot expunge misdemeanors related to domestic violence, sexual offenses, or stalking.

Felonies

• Basic Rule: You can apply to clear a felony from your record if ten years have passed since you completed your sentence, as long as you haven’t committed another crime during that time.
• Exceptions: You cannot expunge felonies that involve violent crimes, sexual offenses, crimes against children, or certain drug crimes.

Acquittals and Dismissals

• Immediate Clearance: If your case was dismissed or you were found not guilty, you might be able to clear your record right away, without waiting.

DUI/DWI Convictions

• Waiting Period: You generally need to wait ten years to clear a DUI or DWI from your record, depending on how serious the offense was and if it happened more than once.
• Additional Factors: The chance to clear the record might also depend on whether the DUI/DWI caused any serious harm or had other serious factors involved.

The Expungement Process in Louisiana

For those eligible, understanding the expungement process is essential. Here’s a step-by-step guide to navigating the procedure:

Determine Eligibility

• Review Your Record: Obtain a copy of your criminal record from the Louisiana State Police or consult with an attorney to determine if your case qualifies for expungement.
• Consult Legal Advice: Consider consulting with an attorney who specializes in expungement cases to ensure all conditions are met and to navigate any complexities in your specific case.

File a Petition

• Gather Documents: Collect all necessary forms and supporting documents. These may include a criminal record, proof of sentence completion, and any other relevant legal documents.
• Submit to the Correct Parish: File the petition in the parish where the arrest or conviction occurred. Each parish might have specific requirements or forms, so it’s important to verify these details.

Pay Required Fees

• Standard Filing Fee: The filing fee is typically $550, which is distributed among various state agencies including the district attorney’s office and the sheriff’s department.
• Possible Additional Costs: In some cases, additional fees may be required, bringing the total to $700. Fee waivers are available under certain conditions.

Court Hearing

• Possible Requirement: Not all expungement requests require a court hearing. However, if there are objections from entities like the district attorney or law enforcement, a hearing may be necessary.
• Representation: It’s advisable to have legal representation during the hearing to address any objections effectively.

Finalization

• Issuance of Expungement Order: If the expungement is approved, the court will issue an order to seal the records from public access.
• Notification: It’s mandatory to notify all private background check companies about the expungement to ensure the records are not publicly accessible

Costs Associated with Expungement in Louisiana

Expunging a criminal record in Louisiana involves several costs that applicants should be aware of before beginning the process. Here’s a breakdown of the typical expenses:

Filing Fees

• Standard Fee: The filing fee for expungement in Louisiana is generally $550. This fee covers the costs associated with processing the expungement by state agencies.
• Distribution of Fee: This amount is distributed among various entities including the state police, district attorney, and the clerks of court, each playing a role in processing the expungement.

Attorney Fees

• Variable Costs: Attorney fees can vary widely based on the complexity of the case and the attorney’s expertise. Some attorneys may charge a flat fee, while others may bill hourly.
• Benefits of Legal Assistance: Hiring an attorney can be beneficial for navigating the complexities of the expungement process, particularly if the case involves multiple charges or jurisdictions.

Additional Costs

• Background Checks: Applicants may need to pay for background checks to obtain their criminal records, which are necessary for the expungement application.
• Miscellaneous Expenses: Other potential costs include postage for mailing documents, photocopying charges, and possibly travel expenses if court appearances are required.

Timeframe for Expungement in Louisiana

The duration of the expungement process can vary significantly based on several factors:

• Processing Time: Typically, the expungement process in Louisiana takes between three to six months. However, this can vary depending on the specifics of the case and the workload of the courts in the parish where the expungement is filed.
• Factors Affecting Duration: The complexity of the case, the accuracy of the paperwork submitted, and the responsiveness of the local courts and agencies can all influence the timeframe.

Benefits of Expungement in Louisiana

Expungement offers numerous benefits that can significantly impact an individual’s life by removing the stigma of a criminal record.

Employment Opportunities

• Access to Jobs: Many employers conduct background checks, and a clean record can broaden employment opportunities significantly.
• Professional Licenses: Expungement can also be crucial for obtaining professional licenses that are otherwise unavailable to individuals with certain types of criminal records.

Housing and Education

• Rental Applications: A criminal record can be a barrier in securing rental housing. Expungement can improve the chances of passing background checks conducted by landlords.
• Educational Opportunities: Similarly, some educational programs require background checks, and expungement can facilitate access to these opportunities.

Personal Growth and Social Benefits

• Fresh Start: Expungement provides a sense of closure and a fresh start, allowing individuals to move forward without the burden of past mistakes.
• Reduced Stigma: It also reduces the stigma associated with having a criminal record, improving personal and social interactions.
• Increased Confidence: Successfully obtaining an expungement can boost an individual’s self-esteem and confidence, empowering them to pursue personal and professional goals.

Conclusion

Expungement in Louisiana can be a life-changing process for those eligible. Understanding the steps, costs, and benefits can help you navigate the process more effectively. If you’re considering expungement, it’s advisable to start early and consult with a legal professional to ensure the best possible outcome.