Introduction to Expungement
Expungement is a legal process designed to help a person remove or seal certain offenses from their criminal record. Whether you have a felony conviction or a misdemeanor conviction, expungement can be a crucial step toward rebuilding your life. By expunging court and law enforcement records, you can prevent most employers, landlords, and licensing boards from seeing your past convictions during a background check. It is important for a person seeking expungement to understand the process and their rights.
The rules and procedures for expungement are set by state law and can vary depending on the type of conviction and your criminal history. To qualify, you must meet specific criteria, such as having an eligible felony or misdemeanor conviction and completing all terms of your sentence. If a person has been found guilty by a judge or jury, that results in a conviction, and whether that conviction can be expunged depends on the judgment and the laws of your state. Understanding the law and the expungement process is essential to determine if you are eligible and to ensure your petition is successful. If you are unsure about your eligibility, consulting with a legal professional can help you navigate the process and restore your opportunities.
If your petition for expungement results in a denial, you may have options to appeal or seek further legal assistance.
The 10-Year Cleansing Period
For most felony convictions in Orleans Parish, the primary requirement for expungement is the 10-year cleansing period. Many states require a waiting period of 5-10 years after completing a felony sentence before expungement eligibility, and Louisiana follows this general rule.
To be eligible under Art. 978(A)(2):
- 10 Years have passed since you completed your sentence, including any period of probation or parole.
- No New Convictions: You must not have been convicted of any other criminal offense during that 10-year window.
- No Pending Charges: You cannot have any active criminal charges at the time of filing.
Eligibility for felony expungement typically requires completing all terms of sentencing, passing a waiting period, and not having new charges.
The Article 893 Exception
If your original plea was entered under Article 893, your conviction may have been “set aside” and “dismissed” upon satisfactory completion of probation. In these cases, you may be eligible for an expungement immediately after dismissal, without waiting the full 10 years. GoCrestLaw will review your original sentencing minutes to see if this applies to you.
Other favorable dispositions, such as acquittal or nolle prosequi, may also lead to automatic expungement in some states. For example, in Maryland, if a charge resulted in acquittal, dismissal, not guilty, or nolle prosequi, the records are automatically expunged after 3 years.
Eligibility criteria for expungement vary by state and typically require verification of eligibility, a waiting period, and completion of documentation.
Which Felonies Can Be Expunged? Which Felonies Can Be Expunged?
While many non-violent felonies are eligible, Louisiana law strictly prohibits certain offenses from being expunged. For most offenses, especially those resulting in a conviction, the records generally cannot be expunged, but there are important exceptions. Both a felony charge and a conviction for a crime are considered when determining expungement eligibility.
Commonly Expungable Felonies:
- Possession of Controlled Substances (Drug possession)
- Possession with Intent to Distribute (certain schedules)
- Simple Burglary or Theft
- Monetary Instrument Abuse (Forgery/Fraud)
Non-violent, lower-level felonies are generally more likely to be eligible for expungement than violent or sexual offenses.
Minor misdemeanors are generally eligible for early record sealing or expungement, often after a shorter waiting period.
Ineligible Felonies (Non-Expungable):
- Crimes of Violence (as defined by R.S. 14:2(B))
- Sex Offenses (requiring registration)
- Domestic Abuse Battery
- Most convictions involving the distribution of narcotics
Other convictions, such as certain violent crimes, are not eligible for expungement.
A pardon is an official act by the Governor that forgives a criminal act and releases the individual from legal penalties. However, a pardon does not erase the conviction from public records. In contrast, to have records expunged means that the criminal records are removed from public view, making them inaccessible to most employers and the general public. Expungement can have a significant impact on legal and immigration records, depending on the circumstances.
For comparison, in Pennsylvania, misdemeanors may be sealed, but pardoned convictions are expunged, meaning those records are completely removed from public access.
Types of Expungement
Expungement is not a one-size-fits-all process—there are several types, each designed to address different situations and criminal history records. Understanding these types can help you determine the best path to clearing your criminal record and moving forward with your life.
Automatic Expungement:Some states have introduced automatic expungement, where certain eligible convictions or arrests are automatically sealed or removed from public criminal record databases after a set waiting period. This automatic process means you do not need to file a petition or pay a filing fee; the court or law enforcement agencies handle the expungement behind the scenes. However, not all offenses qualify for automatic expungement, and there are often two exceptions: serious felonies and offenses involving violence or sex crimes, which typically require a formal application.
Expungement by Application:Most people seeking to expunge a felony conviction or misdemeanor conviction must go through expungement by application. This involves filing a formal request (petition) with the court, paying the required filing fee, and providing detailed information about your criminal case, prior convictions, and the outcome of your sentence. The court will review your criminal history records, check for any subsequent conviction or pending charges, and determine if you qualify under the law. If approved, the court issues an expungement order, sealing your court records and law enforcement records from public view. This process is especially important for those seeking a professional license, employment, or housing, as it can help you pass a background check.
Juvenile Expungement:Juvenile records are often treated differently from adult criminal records. Many states, including Louisiana, allow for juvenile expungement, which can seal or remove records related to offenses committed as a minor. This helps young people avoid long-term consequences for mistakes made before adulthood. The process may be automatic for minor misdemeanors or require a petition for more serious offenses.
Specialized Expungement:Certain types of records, such as driving records or eligible guilty dispositions from the same incident, may have their own expungement rules. For example, some minor traffic offenses can be automatically expunged from your driving records after a period of satisfactory completion, while others require a formal request.
Expungement Benefits
Having a criminal record can create significant barriers in everyday life, but expungement offers a path to a brighter future. One of the most important benefits is improved employment prospects. Many employers conduct background checks, and a public criminal record can limit your chances of getting hired. By filing a petition for expungement and paying the required filing fee, you can have your conviction sealed from public view, making it easier to pass background checks for jobs, housing, or even a professional license.
Expungement also provides peace of mind, allowing you to move forward without the constant worry of your past convictions resurfacing. While expungement does not erase the conviction entirely, it removes it from public court records, so most employers and landlords will not see it. To take advantage of these benefits, you must first determine if you are eligible for expungement and follow the necessary steps, which may include submitting a petition to the court and attending a hearing.
The GoCrestLaw Process for Felonies
Felony expungements require an extra layer of verification compared to misdemeanors. Our process ensures no detail is missed:
- DA Certification: We obtain a mandatory certification from the Orleans Parish District Attorney verifying that you have no pending charges or recent convictions.
- State Police Background Check: We coordinate with the Louisiana State Police (LSP) to secure a certified copy of your “rap sheet” (criminal history records) to ensure the 10-year period is accurately calculated.
- Case Search: Before filing, we conduct a case search using official databases to verify the status of your criminal history records and confirm eligibility for expungement.
- Motion Filing: We file the formal Motion for Expungement in the specific section of court where you were originally sentenced (e.g., Section A through L at 2700 Tulane Ave). The petition must be filed with the court using the correct form, especially for specific records such as DNA records, and must include a formal request for expungement. This step also involves serving notice to the prosecuting agency, which may include the district attorney or, in some jurisdictions, the attorney general. In many states, the expungement process requires filing a petition, serving notice to the prosecuting agency (such as the district attorney or attorney general), and possibly attending a hearing.
- Contradictory Hearings: For certain felonies, the court requires a hearing. The prosecutor may object to or participate in the hearing. We represent you before the judge to argue for the granting of your expungement.
The court has the authority to grant or deny expungement requests. If the court approves the expungement, it must order all official records pertaining to the case sealed, and all index references to the case deleted. Once records are expunged, they are removed from public criminal history records.
The expungement process typically takes approximately 3 months.
Frequently Asked Questions
Can I expunge more than one felony?
Under recent updates to Art. 978(F), you may be eligible to expunge more than one felony if each offense meets the individual eligibility requirements.
Does an expungement restore my firearm rights?
Generally, no. A Louisiana expungement seals the record for employment and housing purposes but does not automatically restore the right to possess a firearm under state or federal law.
What if my felony was reduced to a misdemeanor?
If you were arrested for a felony but pleaded to a misdemeanor, you may be eligible under the 5-year cleansing period instead. We will verify the final “disposition” of your case during your intake.
Post-Expungement
Once your conviction has been expunged, your criminal record will be updated to reflect the change, and the expunged conviction will no longer appear in most public searches. This means you can legally state that you have not been convicted of the expunged offense in most situations. However, it’s important to understand that expunged records may still be accessible to law enforcement agencies and certain government authorities, especially if you are involved in a new criminal case or applying for specific professional licenses.
To ensure your expungement is fully processed, you must comply with all court requirements, such as completing probation or paying restitution. After the expungement order is granted, consider obtaining a copy of your expunged records for personal use, which can be helpful for immigration, adoption, or other civil matters. If you need assistance, free legal help may be available to guide you through the process and answer any questions about your rights and responsibilities after expungement. By understanding what happens after your records are expunged, you can confidently take the next steps toward a fresh start.
Start the 10-Year Review Today
If it has been a decade since you completed your felony sentence in New Orleans, you have earned the right to a clean slate. Let GoCrestLaw handle the legal heavy lifting.