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What Does Expungement Entail?
A criminal conviction can be devastating because the consequences can trickle down into the future, affecting you in untold ways. A criminal record can limit your opportunities in various areas, such as employment, housing, and education. Besides, it can affect your social and professional relationships if anyone decides to do a legal background check on you.
Fortunately, the law makes it possible to erase an arrest or conviction record from the public view. Skilled lawyers in Metairie explain that after an expungement, you can deny ever committing the crime and don’t have to reveal past arrests in most situations. If you have a past criminal record, consult legal experts to determine if you can expunge it for a new start.
What are the Eligibility Criteria for Expungement in Louisiana?
While the law allows for expungement, not all criminal records can be expunged. Metairie criminal defense attorneys say eligibility for expungement depends on the specific details of the criminal record. Generally, you can qualify for expungement if:
- You were acquitted at trial
- Your charges were dismissed
- You have served your sentence, including probation and parole
- A specific period has passed without additional convictions
- You have no pending criminal charges
- The crime was not violent, a sex crime, or a serious felony
Generally, most misdemeanors and non-violent crimes can be expunged. Many factors go into determining eligibility for expungement, which can vary from case to case. It would help to seek legal counsel from experienced criminal defense lawyers in Metairie to evaluate your case specifics.
Can Juvenile Records Be Expunged in Louisiana?
If you committed a crime as a juvenile, you can have the record expunged if it didn’t result in adjudication. Adjudication happens when a judge decides that a juvenile committed the act for which they face charges, or the judge accepts a plea from a juvenile that they committed an act.
Other juvenile charges can be expunged at any time, even if there was an adjudication. Expungement is also possible once a case is closed or dismissed or an adjudication is made for any charge other than murder, manslaughter, kidnapping, armed robbery, or an offense requiring registration of a sex offender.
However, the juvenile must be free of other pending indictments or bills of information in adult court or adult criminal convictions involving a firearm. Criminal defense lawyers in Metairie can provide more legal details for your specific case type.
What is the Legal Process for Expunging a Criminal Record?
According to Louisiana law, before you can file for expungement, you must wait a specific period. The waiting periods vary depending on the type of crime and the case outcome. For misdemeanors, the waiting period is generally 5 years from the completion of the sentence. Waiting periods for felonies can range from 5 to 10 years.
When filing an expungement petition, you need to submit the following documents:
- Certified copies of the criminal record
- Proof of completion of the sentence
- Personal statement about your rehabilitation and reasons for seeking rehabilitation
Cost of Expungement
The cost of filing for expungement in Louisiana varies depending on the type of expungement and the court. The charges can be as high as $600. However, Metairie attorneys say you may qualify for a fee waiver if you apply for in forma pauperis (IFP), which is a request to the court to recognize that you can’t afford to pay filing fees for the expungement motion.
If the court denies your request, you may have to pay all fees, depending on the type of expungement. So, ensure your charges are eligible for expungement when you file a motion. You also must fill in your paperwork correctly, something experienced criminal defense lawyers in Metairie can help you do.
Why Should I Consider Expunging a Criminal Record?
Sealing a criminal record allows you to start on a clean slate without your past mistakes hovering over your mind. Your criminal deeds become inaccessible to anyone who checks your criminal history, giving you better chances at:
- Employment: Many employers conduct background checks as part of the hiring process. An expungement can prevent your past mistakes from hindering your ability to secure a job.
- Housing: Landlords also often review criminal records before housing potential tenants. An expungement can boost your chances of finding suitable housing.
- Credit and financial opportunities: A criminal record can lower your chances of securing financial assistance because lenders can consider you a high-risk borrower. Deleting the record can enhance your chances of obtaining credit at better interest rates.
- Professional licensing: Many professional licenses require an applicant to have a clean criminal record. These include healthcare, law, teaching, and real estate. An expungement can make you eligible for licensing.
- Education: You may have better chances at educational opportunities, grants, and scholarships when enrolling for programs that require a clean criminal record.
- Peace of mind: An expungement gives you peace of mind, allowing you to move forward and pursue your aspirations without the burden of past mistakes.
An Experienced Criminal Defense Lawyer Providing Legal Insights on Expungement
If a past arrest or conviction has been holding you back in various aspects of life, you may consider filing for expungement of the record. The process can be complex, but skilled Louisiana lawyers can guide you. They can evaluate your case for eligibility and help you file the necessary documents.
The Bradley Law Firm, PLLC, hosts knowledgeable criminal defense lawyers in Louisiana. Your past mistakes should not hinder you from living your best life. Our legal team can help you pursue expungement to give you a fresh start in life. Call us at 504-336-1717 to schedule a FREE consultation.
