Eligibility for Expungements
Jul 10, 2023 by Shea Smith
Eligibility for Expungement
Expungements in Louisiana are available to individuals who were convicted of a felony or misdemeanor, and completed their sentence. However, certain criminal offenses are not eligible for expungement. These include sex crimes, some violent crimes, and traffic offenses. It's important to note that even if an individual is eligible for expungement, they may have to wait a certain period before filing. Misdemeanors require five years to pass from the end of the sentence, while felonies require ten years.
- The Expungement Process
- To pursue an expungement in Louisiana, the first step is to get a background check and fingerprints from the State Police Headquarters. Once all the documents are available, the next step is to file a motion in court to start the expungement process. The legal paperwork should include the case number, the charges, and the sentence received. The district attorney's office and the arresting agency must be notified in writing of the motion.
- Hiring an attorney to handle the expungement process is a wise move. The attorney can advise and help with the legal paperwork, filing motions, and potentially representing the movant in court if needed. Filing an expungement is a complicated process that involves complex legal documents and even potentially court appearances. Having an attorney to oversee the process can eliminate potential headaches and save time.