Expungements

Jefferson Parish Expungement Lawyer

An expungement removes an eligible record of arrest or conviction from public access. It can prevent the record from appearing in many ordinary public-record searches and background checks.

An expungement does not destroy the record. The record becomes confidential but may remain available to law enforcement agencies, criminal justice agencies, prosecutors, certain licensing authorities, and other agencies authorized by Louisiana law.

Because eligibility depends on the disposition of the case, the type of offense, prior convictions, and the amount of time that has passed, each record should be reviewed individually.

When Can an Arrest Record Be Expunged in Louisiana?

A person may be eligible to expunge an arrest record when the arrest did not result in a conviction, including qualifying cases in which:

• The district attorney refused or declined the charges
• The prosecution dismissed the charges
• The court granted a motion to quash
• The person successfully completed an eligible diversion program
• The person was found not guilty following a trial

An arrest may still appear on a background check even when formal charges were never filed or the case was dismissed. Obtaining the proper court order is generally necessary to remove the record from public access.

Expungement of Misdemeanor Convictions

Certain misdemeanor convictions may also be eligible for expungement.

A person may qualify when:

• The conviction was set aside and the prosecution was dismissed under Louisiana Code of Criminal Procedure Article 894; or
• More than five years have passed since completion of the sentence, deferred adjudication, probation, or parole, and the applicant satisfies the other statutory requirements.

The applicant generally must not have been convicted of a felony during the applicable five-year period and must not have a pending felony charge. Some misdemeanor offenses are excluded from expungement.

Expungement of Felony Convictions

Certain felony arrest and conviction records may be eligible for expungement under limited circumstances.

A person may qualify when:

• The conviction was set aside and the prosecution was dismissed under Louisiana Code of Criminal Procedure Article 893;
• More than ten years have passed since completion of the sentence, deferred adjudication, probation, or parole, and all other statutory requirements are satisfied; or
• The person received or is entitled to a qualifying first-offender pardon.

For an expungement based on the ten-year waiting period, the applicant generally must have no other criminal conviction during the preceding ten years, no pending criminal charges, and a certification from the district attorney confirming those circumstances.

Not every felony can be expunged. Louisiana law excludes many crimes of violence, sex offenses, offenses against minors, and other specifically prohibited crimes. Some limited exceptions apply to designated offenses after the required waiting period and a contradictory hearing.

First-Offender Pardons and Expungement

A first-offender pardon may provide a basis for expunging certain felony convictions, but a pardon does not automatically remove the record from public access. A separate expungement proceeding is generally required.

In addition, a first-offender pardon does not make every conviction eligible. Crimes of violence, sex offenses, and other excluded offenses may remain ineligible for expungement.

What Information Does an Expungement Cover?

A properly granted expungement may remove eligible information from public access, including:

• The arrest record
• Booking information
• Photographs and fingerprints
• The court disposition
• Records maintained by the clerk of court
• Records maintained by state and local law enforcement agencies

DNA records are not included within the statutory definition of records subject to expungement.

When an original felony arrest results in a misdemeanor conviction, an interim expungement may be available to remove the original felony arrest from the person’s criminal history while leaving the misdemeanor disposition in place.

Why an Expungement Matters

A public arrest or conviction record can affect:

• Employment opportunities
• Occupational and professional licensing
• Housing applications
• Educational opportunities
• Volunteer positions
• Insurance and financial decisions
• Transportation Worker Identification Credential eligibility
• A person’s reputation in the community

An expungement can provide meaningful relief by making an eligible record confidential and removing it from ordinary public access.

Experienced Louisiana Expungement Attorneys

At Marino & Ehle, LLC, attorneys Joseph A. Marino III and Davidson S. Ehle III have successfully handled hundreds of expungements involving both arrests and convictions.

As a former member of the Louisiana House of Representatives, Joseph A. Marino III authored and helped revise several of Louisiana’s expungement laws. He has also frequently lectured attorneys and other professionals on Louisiana expungement law and procedure.

That combination of legislative knowledge and practical courtroom experience allows Marino & Ehle, LLC to evaluate eligibility, prepare the required filings, respond to objections, and guide clients through each stage of the expungement process.

Contact a Jefferson Parish Expungement Lawyer

Determining whether a record is eligible for expungement requires a review of the arrest, the final disposition, the specific offense, prior criminal history, and any applicable waiting period.

If you have an arrest or conviction record in Jefferson Parish, Marino & Ehle, LLC can review your record and determine whether an expungement may be available.

Contact Marino & Ehle, LLC for a confidential consultation about clearing an eligible Louisiana criminal record.