Getting an Expungement
Halt | April 27, 2022 | 0 Comments

What to Consider in Getting an Expungement in Louisiana: 5 Hard Truths

Criminal records might affect employment opportunities — but now, Louisiana residents no longer have to worry. With Louisiana expungement assistance, it’s now easier to clear even the minor criminal records.

While many people think getting an expungement in Louisiana is too much of a hassle, it’s actually not like that! If you fall under the eligibility of the expungement law, you can get started with the process right away. However, there are a few facts that everyone should be aware of.

This article will walk you through the main points to consider before filing an expungement petition. So, without further ado, let’s get started.

How to Get an Expungement in Louisiana?

Expunging your record in Louisiana isn’t all that hard to do, as long as you meet certain criteria. The most common criterion is a clean criminal record. If you haven’t been arrested for anything major, you are eligible to clear up your criminal history with an expungement.

You can apply for Louisiana expungements through an application form. You’ll need to provide your legal ID, case number, and other basic case documents attached with the form. After that, you can submit your petition for expungement to the court clerk with court fees.

The filing fee for an expungement in Louisiana is $550, which will not be refunded if your petition is denied. A professional will handle this process from start to finish, ensuring you are eligible and submitting the correct forms.

The application process can be lengthy, but it is worth your while. Generally, the process shouldn’t take more than a few days.

What are the benefits of expungement

Things to Consider When Getting an Expungement in Louisiana

When determining eligibility for expungement, it’s essential to seek counsel from a qualified lawyer. However, check out the following facts about getting expungement in Louisiana that you need to consider for completing your expungement successfully.

1.  It Would be Best if You Started with the Expungement Process Earlier

The faster you can start the expungement process, the sooner you can be cleared of your criminal records. Expungement is often a slow process and may take several months to complete (or longer).

These records have an impact on so many areas of your life, and being able to clear them earlier means being able to recover more quickly.

2.  It is Hard Getting an Expungement in Louisiana

The court clerk has the authority to approve or deny your petition for expungement. Even if there is no major conviction against you, the judge can still deny your application due to some minor issues regarding the petition.

Therefore, be extra careful and read every law and instruction carefully before submitting your petition for an expungement. Be sure to check the records of your case, all your recent activities on the record, and the paperwork you have prepared to submit.

If you submit your petition with documents that are out of date or incomplete, it might lengthen the procedure.

3.  You Need to be Eligible for the Louisiana Expungement Assistance

an expungement

Your petition will get declined if you do not meet the criteria for getting an expungement in Louisiana. So, to be eligible for an expungement, you need to fulfill all of the following criteria:

  • You were arrested but did not get convicted or entered a guilty plea to major crimes such as domestic violence.
  • You have successfully finished all of the requirements of your deferred sentence.
  • You were granted a pardon as a first-time offender.

The expungement process in Louisiana is complicated at times. So, it’s crucial to consult with an attorney before you start. Louisiana attorneys can guide you through the steps of the expungement, including determining if you’re eligible and helping you file the necessary paperwork.

4.  The Cost of an Expungement in Louisiana Can be Expensive

Expunging criminal records in Louisiana is expensive. Court costs and fees are associated with filing a set-aside motion, making it difficult for some to expunge their records.

Court costs and lawyer fees may vary depending on the case but can range from $550 to over $3,000. In addition to that, you’ll need to pay two money orders ($2.60 each), as well as a filing fee or state surcharge (around $5).

If you’ve been convicted of DWI (driving while intoxicated), the process of expungement is more complicated with added fees. A DWI has a separate court fee of $100, in addition to the regular court fee.

5.  Expungement Approvals Usually Take a Long Time

It typically takes three to four months for the Louisiana court to expunge a conviction from your record.

The first step is submitting your application and waiting for the petitioner to schedule an in-person interview, which will take place at the district court.

You’ll need to submit a copy of all relevant documents and explain why you want the record expunged. After the hearing has taken place, you must wait two weeks for a report of the proceedings.

After that, you may need to wait 60 days to 120 days to receive a Certificate of Compliance from the Louisiana State Police.

Key Takeaway

In Louisiana, expungement law is a popular way to clear your record. However, there are certain eligibility requirements to consider before pursuing the option of expungement law.

This article contains all the information you need to know when getting an expungement in Louisiana. By following the suggestions listed above and consulting an experienced criminal defense lawyer, you can get your records sealed and increase your chances of getting the records expunged.

So, get in touch with an expungement attorney in Louisiana today, and start the process of removing your criminal record from public records.

What are some common expungements

FAQs

1.  Do I Need an Expungement for an Arrest that Did Not Result in a Conviction?

In most states, people who’ve been convicted of misdemeanors or felonies can apply for expungement in Louisiana. That means they can be invisible to future employers and law enforcement.

If you were arrested but were not charged in a court of law, you must wait one year before petitioning for the expungement of your arrest record. If you were arrested and the case was dismissed or acquitted, you may apply for an instant expungement.

2.  How Does Getting an Expungement Affect My Job?

Getting an expungement doesn’t negatively affect your job because an expunged record is completely removed from public view. So, even if the company conducts a background check on you, it won’t find any records.

3.  What are Some Types of Charges that can be Expunged?

Here are some common charges that you can remove through expungement,

  • Kidnapping,
  • aggravated sexual assault,
  • criminal restraint,
  • Arson,
  • endangering child welfare through sexual conduct,
  • aggravated criminal sexual assault,
  • luring or enticing.
  • false imprisonment
  • Robbery,
  • perjury or false swearing,

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