Clear Your Driving Record. Reclaim Your Future.
A DWI arrest or conviction in New Orleans can be a significant burden, affecting your insurance rates, professional certifications, and employment prospects. If you have been convicted of a DWI, this criminal record can limit your opportunities. However, under Louisiana Code of Criminal Procedure Article 894, which is governed by Louisiana law, many individuals who have completed their requirements for a first-offense DWI are eligible to have their records expunged.
At GoCrestLaw, we specialize in the technical process of DWI expungements at the Orleans Parish Criminal District Court. Located at 2735 Tulane Ave, directly across from the courthouse, we provide a streamlined, process-driven approach to sealing your record.
The Article 894 Advantage for DWIs
Most DWI expungements in Orleans Parish rely on the successful application of Article 894. If your original plea was entered under this article, your conviction can be “set aside” and the court may also dismiss prosecution as part of the expungement process, with the prosecution dismissed upon successful completion of your probation.
Eligibility Criteria:
- The 10-Year Limitation: In Louisiana, you are generally only eligible to expunge a DWI conviction once every 10 years.
- Completion of Sentence: You must have finished all court-ordered requirements, which typically include community service, MADD victim impact panels, and driver improvement programs.
- Dismissal Requirement: GoCrestLaw verifies that your 894 status has been officially recognized by the Orleans Parish court before proceeding with the expungement filing.
Why Expunge a New Orleans DWI?
A DWI is a “red flag” on many background checks, particularly for those in the hospitality, maritime, and transportation industries central to the New Orleans economy.
- Professional Licensing: Many state boards require disclosure of arrests, but an expunged record demonstrates a resolved legal status.
- Employment Security: Seal your record from the public background checks used by private employers and landlords.
- Insurance Implications: While an expungement does not remove the incident from your DMV record, it prevents the criminal conviction from appearing in public-facing background reports.
While expunged records are sealed from public access, certain agencies and boards—including the Louisiana State Board, Louisiana Attorney Disciplinary Board, Louisiana Supreme Court Committee on Bar Admissions, disciplinary counsel, social work examiners, medical examiners, financial institutions, and the Louisiana Department—may still have access to expunged records for licensing, regulatory, or investigative purposes. Expungement eligibility and disclosure requirements can vary depending on the type of offenses involved, such as felony offenses, misdemeanor offenses, felonies, misdemeanor convictions, and felony arrests, and whether parole has been completed. Individuals seeking bar admissions or professional licensing should be aware that expunged records may still be reviewed by relevant authorities.
Understanding Expungement
Expungement in Louisiana is a legal process that allows individuals to remove their criminal record from public access, offering a fresh start for those who have completed their sentence or had charges dismissed. Governed by the Louisiana Code of Criminal Procedure, particularly Articles 971 through 986, expungement procedures are designed to seal or erase records of arrests, convictions, and related criminal history from public view.
The expungement process involves several steps and requires coordination with multiple law enforcement agencies, including the Louisiana State Police. These agencies are responsible for updating their records to reflect the expungement, ensuring that your criminal record is no longer accessible to the general public or most employers. The District Attorney’s Office also plays a critical role, certifying the expungement and verifying that all required documentation is properly filed with the court.
Understanding the expungement process is crucial for anyone looking to clear their record. A successful expungement can significantly improve your chances of securing employment, obtaining housing, and moving forward without the burden of a past criminal charge. While the process is governed by specific articles of the Louisiana Code and requires careful attention to legal procedure, the benefits of having your record sealed are substantial, restoring privacy and opening new opportunities.
Court Costs and Fees
Navigating the expungement process in Louisiana involves several court costs and fees that applicants should be prepared to address. The standard filing fee for a motion for expungement is $550, which must be paid to the Clerk of Court at the time of filing your expungement application. In Orleans Parish, the Criminal District Court may also charge additional administrative fees for processing your paperwork.
In some cases, a fee waiver may be available. If the District Attorney certifies that you have no felony conviction and no pending felony charges, you may qualify for a waiver of certain fees, reducing the financial burden of the expungement process. Additionally, applicants are often required to obtain a background check as part of the required documentation, with costs typically ranging from $20 to $50.
Payment for court costs and fees must usually be made by money order or cashier’s check, as personal checks are not accepted by the court. The cost of hiring an attorney to assist with your expungement can vary, but professional guidance can help ensure that your motion for expungement is properly filed and processed. Because court costs and procedures can differ by parish and case type, it’s important to confirm the exact fees with the Orleans Parish Clerk’s Office before submitting your expungement application. Being prepared for these expenses is an important part of successfully clearing your criminal record and moving forward with confidence.
The GoCrestLaw Process for DWI Records
Navigating a DWI expungement at 2700 Tulane Ave requires precise coordination between multiple agencies.
- Detailed Minute Entry Review: We pull your certified records—specifically, certified copies of court judgments or expungement orders—from the Orleans Parish Clerk of Court to confirm you were sentenced under Article 894.
A certification letter from the district attorney’s office is also required as part of the expungement packet.
- Agency Notifications: We manage the mandatory 60-day notification period for the Louisiana State Police (LSP), the Orleans Parish District Attorney, and the NOPD.
- Motion for Expungement: We draft and file the formal motion and supporting documents as part of your expungement packet, ensuring all statutory requirements are met to avoid delays or objections.
After filing, the court will set a court date or hearing date for your expungement motion, and your attendance may be required.
- Final Order Processing: Once the judge signs the Order of Expungement, we ensure these official court orders are correctly processed by the State Police to update your master criminal record.
The expungement process helps individuals overcome barriers created by the criminal justice system.
Frequently Asked Questions
Does a DWI expungement clear my OMV record?
No. An expungement seals the criminal record in the court system and with the State Police. The Louisiana Office of Motor Vehicles (OMV) maintains a separate driving record. However, sealing the criminal conviction is the most critical step for general employment background checks.
Can I expunge a second-offense DWI?
Expunging a second-offense DWI is a much more complex legal process and is generally only possible under very specific circumstances. We can review your record to see if any path to relief exists.
What if my DWI was refused or dismissed?
If your DWI charges were refused by the District Attorney or dismissed by the judge, you may be eligible for an immediate expungement of the arrest record.
Start Your Clean Slate Today
Located steps from the Orleans Parish Criminal District Court, GoCrestLaw is your local authority for DWI expungements.