The Louisiana expungement statute has undergone a significant change on August 1, 2014. If you are interested in obtaining an expungment, an attorney familiar with handling these types of cases may make the process easier, specifically since the filing fees are non-refundable. You want to make sure you do it right the first time.
Expungements are not automatic at the end of a case. The motion for an expungement must be filed with the court. It must be done in a proper manner or else it won’t go through and you may incur more costs.
To be eligible for an expungement, the case must result in:
There are some other rare instances when an expungement is possible.
An expungement is the removal of an arrest and/or conviction record from public view. If someone contacts the courthouse where the record was made, they will find nothing if the record has been properly expunged. However, by statute, a database is maintained that allows the following agencies access to the record regardless of whether or not it was expunged: any law enforcement agency, criminal justice agency, the office of financial institutions, the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of Psychologists, the Louisiana Board of Pharmacy, the Louisiana State Board of Social Work Examiners, the Emergency Medical Services Certification Commission, Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, the Louisiana Supreme Court Committee on Bar Admissions, the Louisiana Department of Insurance, the Louisiana Licensed Professional Counselors Board of Examiners, or any person or entity requesting a record of all criminal arrests and convictions pursuant to R.S. 15:587.1.
DWI is treated a little differently. An 894 sentence for misdemeanors can be obtained once every 5 years. However, for DWI, it can only be obtained once every 10 years. If the defendant completed a pretrial program for DWI, the defendant must wait 5 years before getting the record expunged. This is a serious consideration in choosing the pretrial program.
Some of the common instances when you cannot expunge a record may include domestic violence or sex offenses as well as when someone does prison time with the Department of Corrections.
When an employer, school, or landlord does a background check, he may choose someone else if you have a criminal history and the other applicant does not. Only the above-mentioned agencies will have access to the expunged record. Also, unless you are applying to one of the above-mentioned agencies, you do not have to admit that you were arrested for the charge in the expunged record.
It varies. Generally, in district courts, the cost will be around $350-$485 for filing fees. In Baton Rouge City Court, the filing fees can range from $100-$350. A small attorney’s fee will be required if you hire Carl Barkemeyer to handle and manage the filing.
The following are some misdemeanor and felony charges that can be expunged: assault, battery, theft, DWI, DUI, driving while intoxicated, driving under the influence, hit and run, reckless operation, careless operation, possession of marijuana, possession of drugs, trespassing, unauthorized use of an access card, unauthorized use of a movable, bank fraud, flight from an officer, resisting arrest, property damage, computer fraud, contributing to the delinquency of a juvenile, criminal mischief, disturbing the peace, prostitution, obscenity, false report, illegal carrying of weapons, concealed weapon, false imprisonment, identity theft, illegal possession of stolen things, drug paraphernalia, issuing worthless checks, obstruction of justice, unauthorized use of a motor vehicle, food stamp fraud, Medicaid fraud, driving under suspension, DUS, pandering, shoplifting, theft, criminal damage to property, open container, minor in possession of alcohol, malfeasance in office, interfering with an officer, remaining after being forbidden, and others.
The sooner you begin the process, the sooner your record may be cleaned up. Mr. Barkemeyer handles expungements in the following cities and parishes throughout south Louisiana: Baton Rouge, Hammond, Gonzales, Donaldsonville, Denham Springs, Lafayette, Opelousas, Clinton, St. Francisville, Baker, Zachary, Thibodeaux, Napoleonville, New Roads, Port Allen, Plaquemine, Convent, Gramercy, Lutcher, Laplace, Hahnville, East Baton Rouge, West Baton Rouge, East Feliciana, West Feliciana, Ascension, Livingston, Lafayette, Point Coupee, St. James, Iberville, Assumption, St. John the Baptist, and St. Charles Parish.
For more information, contact Carl Barkemeyer, Criminal Defense Attorney is a Louisiana expungement lawyer, at (225) 964-6720.