Many people believe that once a case is “over,” it disappears. However, in the eyes of state licensing boards, a record remains visible unless specific legal action is taken. Boards for professions like nursing (LSBN), medicine (LSBME), and law have high “moral character” requirements.
A record can result in:
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Automatic Disqualification: Certain felonies can permanently bar you from specific licenses.
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Discretionary Denial: Boards may deny an application if they feel a past offense reflects poorly on your professional fitness.
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Mandatory Disclosure: Even with an expungement, many boards require you to disclose the original arrest during the application process.
Does an Expungement “Clear” Everything?
In Louisiana, an expungement (under LA C.Cr.P. Art. 971) removes the record from public view. This means most private employers, landlords, and general background check services will no longer see the arrest or conviction.
However, there is a critical exception for professional licenses: Under Louisiana law, criminal justice agencies are permitted to release expunged records to certain state licensing boards. While the public can’t see it, the Board of Nursing or the Board of Elementary and Secondary Education (BESE) often can.
Why get an expungement if the Board can still see it?
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Rehabilitation Evidence: Successfully obtaining an expungement serves as legal proof of rehabilitation. It shows the Board that the court system has deemed you fit to have your record cleared.
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Private Sector Flexibility: If you are a licensed professional working for a private company (like a private clinic or engineering firm), an expungement ensures your employer’s standard background check comes back clean.
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Restoration of Rights: It officially closes the chapter on the legal proceedings, allowing you to answer “no” to many standard questions about criminal history (subject to specific board rules).
Eligibility for Expungement in Louisiana
Not every record is eligible for clearing. Generally, you may seek an expungement if:
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The arrest did not lead to a conviction: The charges were dismissed, or you were acquitted.
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Misdemeanor Convictions: Usually eligible after 5 years have passed since the completion of your sentence/probation, provided you have no pending charges.
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Certain Felony Convictions: Eligible after 10 years of a clean record following the completion of your sentence. Note that violent crimes and certain sex offenses are strictly ineligible.
The Disclosure Dilemma: To Tell or Not to Tell?
One of the biggest mistakes professionals make is failing to disclose an expunged record when a board specifically asks for “all arrests, including those expunged.”
Honesty is usually the best policy with licensing boards. If a board discovers an arrest you failed to mention, they may deny your license based on “lack of candor” or fraud, which is often seen as a greater character flaw than the original offense itself.
How GoCrest Law Can Help
Navigating the intersection of criminal law and administrative licensing requires a precise strategy. We don’t just file paperwork; we help you build a narrative of professional growth.
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Eligibility Analysis: We determine if your specific record can be cleared under Louisiana law.
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The Expungement Process: We handle the filings with the District Attorney, the State Police, and the Courts.
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Board Preparation: We advise you on how to disclose your history to your specific licensing board to minimize the impact on your career.
Take the First Step Toward Your Future
Don’t let a past mistake dictate your professional ceiling. Clearing your record is an investment in your career and your reputation.
Contact GoCrest Law today to schedule a consultation and see if you are eligible to clear your record.
