If you've been arrested or convicted of a crime, you're already aware of the immediate consequences, such as prison time and heavy fines. However, you may not be aware that an arrest and conviction record can have long-lasting negative consequences on your life, even after you've served your debt to society.
An arrest and conviction record can cause you to be denied employment and housing opportunities or lose fundamental rights such as the right to vote. It can bar your access to governmental benefits and assistance, and even affect your parental rights to your children.
If you've been arrested or convicted of a crime under the laws of the State of Louisiana, you may be eligible to have your arrest and conviction record expunged, or erased. An expungement can help you to obtain employment, housing, or education as you work to re-establish yourself in society.
Don't let an arrest and conviction record prevent you from making a fresh start after you've served your sentence for your crimes. Contact the experienced Shreveport and Bossier City expungement attorneys of The Norris Law Group to learn how we can help you expunge your record. Call us at (318) 771-7000 today for a confidential consultation.
According to La.C.Cr.P. 972, expungement is defined as the removal from public access of certain arrest and conviction records under limited circumstances. The law defines “records” as any incident reports, photographs, fingerprints, disposition, or any other information relating to an arrest event, but does not include DNA records. Although records are removed from public access, the records are not destroyed.
It is important to note that an expunged arrest and conviction record remains confidential and can be accessed by government agencies in the future. If you are arrested again, expunged convictions will still count toward your prior conviction total.
Even if your record is expunged, it will not restore your driver’s license if your arrest or conviction resulted in a suspension of your license, relieve you of any requirement to register as a sex offender, or restore your right to possess firearms. Finally, the Louisiana expungement statute cannot expunge arrests and convictions for federal crimes or crimes in other states.
Our experienced expungement attorneys will assist you in obtaining a copy of the minutes of your criminal case, along with any other paperwork required by the local court where you will file your request. These documents will help you, your attorney, and the court determine whether you are eligible for expungement.
Our attorneys will review the documents relating to your arrest and conviction to determine whether your arrests and/or convictions are eligible for expungement. Consulting with an experienced expungement attorney is critical because, if your expungement request is denied, your filing fees will not be refunded.
A criminal background check from the Louisiana State Police or Parish Sheriff, must also be included at the time of filing of your request. Your background check cannot be older than 60 days from the date you file your expungement request.
In some cases, a motion to set aside a conviction and dismiss prosecution must be filed before you can file an expungement motion. This motion must be filed in the court where your criminal case was heard. An experienced expungement attorney, like those of The Norris Law Group, can advise you as to whether you need to first file a motion to set aside a conviction and dismiss prosecution.
You must file your motion for expungement using the court-required forms. Required fees are required to cover the costs associated with processing your request. These fees are paid to the court, the state police, arresting agency, and the parish district attorney.
You may immediately file your motion after an acquittal or successful motion to quash your charges. If the district attorney dismissed the charges or declined prosecution, you must wait a period of 6 months to 10 years, depending on the specific crime.
You may file your motion if your conviction was set aside and dismissed pursuant to Article 894(B); or, if more than 5 years have elapsed since you completed your sentence, and you have not been convicted of a felony offense during the 5 year period, and no felony charges are pending against you.
You may file your motion if your conviction was set aside and dismissed pursuant to Article 893(E); or, if more than 10 years have elapsed since you completed your sentence, and you have not been convicted of a felony offense during the 10 year period, and no criminal charges are pending against you.
Arrests for certain crimes cannot be expunged. The experienced expungement attorneys of The Norris Law Group will review your criminal record to determine whether you are eligible to have your criminal record expunged.
You will then have a 60-day wait period after filing your motion, during which the state police, the law enforcement agency that arrested you, or the district attorney may object to your motion. If one or more of these agencies objects to your motion, you will need to appear in court to address the issues to the satisfaction of the court.
If none of these agencies object, or if you can resolve any issues to the satisfaction of the court, and assuming you are eligible, your expungement motion will be granted. You should obtain a certified copy of the court's order from the court clerk, which will be your only proof of your expungement until you receive the certificate of compliance from the state police that verifies your record has been sealed.
With years of experience in the criminal justice system, along with a genuine compassion for others, Norris Law Group is ready to help you obtain a fresh start for your life. We strive to be responsive every time you contact us and to provide a helpful response to every question you may have.
We'll advise you as to whether you are eligible for expungement and whether you are likely to have your motion granted by the court. We'll help you collect the necessary documentation and fill out the required forms for your motion. And if you must appear in court for your motion, we'll be by your side to advocate for you and help you resolve any objections to your motion.
A criminal record can be a barrier to moving on after your arrest and conviction, preventing you from obtaining stable employment, good housing, or further education. You've paid your debt to society. Don't let your record preclude from working to rebuild a normal life for yourself and your family.
Contact the experienced Shreveport - Bossier City expungement attorneys of The Norris Law Group today to learn more about expungement, whether you are eligible to file for expungement, and how we can help you successfully pursue a motion. Call our attorneys at (318) 770-7000.