Clear Your Path. Move Forward with a Clean Record.
A misdemeanor arrest or conviction in New Orleans can appear on background checks for years, impacting your ability to secure housing or advance in your career. Under Louisiana Code of Criminal Procedure Article 977, most misdemeanor records in Orleans Parish can be expunged, effectively sealing them from public view. Expungement is a legal process that requires filing a petition with the court using a specific form.
At GoCrestLaw, we specialize in the administrative and legal requirements of the Orleans Parish Criminal District Court. Located at 2735 Tulane Ave, directly across from the courthouse, we handle every step of the process to ensure your record is cleared correctly and efficiently. The process involves submitting a formal request to the court, and a court order is required for your record to be expunged.
In some cases, records may be automatically expunged under Louisiana law.
The 5-Year Cleansing Period
For most misdemeanor offenses in New Orleans, eligibility is determined by a 5-year cleansing period, which is a waiting period required by law before you can apply for misdemeanor expungement.
To be eligible for an expungement under Art. 977:
- 5 Years have passed since you successfully completed your sentence, including any probation or court-ordered requirements.
- No New Felony Convictions: You must not have been convicted of any felony offense during that 5-year window.
- No Pending Felony Charges: You cannot have any active felony charges at the time of your application.
- All Financial Obligations Paid: All financial obligations, including court costs and restitution, must be paid in full before applying.
Satisfactory completion of all sentence terms, such as probation or parole, is required. A subsequent conviction during the waiting period may affect your eligibility for misdemeanor expungement.
The Article 894 Exception
If your misdemeanor conviction was set aside and the prosecution dismissed under Article 894, you may be eligible to file for an expungement immediately upon the successful completion of your probation. This is a common path for first-time offenders in New Orleans, and GoCrestLaw can verify if your case qualifies for this accelerated timeline.
Additionally, individuals who received a deferred judgment and successfully completed probation may also be eligible for misdemeanor expungement under certain circumstances.
Common Misdemeanors Eligible for Expungement
Most non-violent misdemeanors handled at 2700 Tulane Avenue are eligible for expungement, including:
- Simple Possession of Marijuana (often eligible after 90 days)
- Theft or Shoplifting
- Public Intoxication or Disturbing the Peace
- Simple Battery
- First-offense DWI (also known as DUI in some jurisdictions, under Article 894)
Minor misdemeanors and certain misdemeanor convictions, such as disorderly conduct and assault, may also be eligible for expungement. Some violations and traffic offenses, including traffic tickets, may be eligible for expungement, but eligibility depends on the specific circumstances and other convictions on the person’s record.
Note: Certain misdemeanors involving domestic abuse battery or stalking are generally ineligible for expungement under Louisiana law. We will provide a full review of your specific charges during your intake.
Most non-violent misdemeanors handled at 2700 Tulane Avenue are eligible for expungement, including:
- Simple Possession of Marijuana (often eligible after 90 days)
- Theft or Shoplifting
- Public Intoxication or Disturbing the Peace
- Simple Battery
- First-offense DWI (also known as DUI in some jurisdictions, under Article 894)
Minor misdemeanors and certain misdemeanor convictions, such as disorderly conduct and assault, may also be eligible for expungement. Some violations and traffic offenses, including traffic tickets, may be eligible for expungement, but eligibility depends on the specific circumstances and other convictions on the person’s record.
Note: Certain misdemeanors involving domestic abuse battery or stalking are generally ineligible for expungement under Louisiana law. We will provide a full review of your specific charges during your intake.
Benefits of Expungement
Expungement offers a powerful opportunity for individuals with misdemeanor convictions or other criminal records to move forward without the weight of past mistakes holding them back. When you expunge a conviction, the court seals such records from public view, making them inaccessible to most potential employers, landlords, and others who might conduct a background check. This can be especially life-changing for those with multiple convictions or a past felony, as it removes significant barriers to employment, housing, and personal growth.
One of the most significant benefits of expungement is the ability to legally state that the criminal case or offense never occurred. This can open doors that were previously closed due to the presence of a criminal record, allowing you to compete fairly for jobs, secure better housing, and restore your reputation in the community. Expungement also helps reduce the stigma and social consequences that often follow a criminal conviction, giving you a fresh start.
The GoCrestLaw Approach: Process-Driven Results
While misdemeanor expungements may seem straightforward, any error in the filing can lead to a rejection by the Louisiana State Police or an objection from the Orleans Parish District Attorney.
- Local Coordination: We coordinate the required notifications to the NOPD, the District Attorney, and the State Police.
- Document Management: We pull your certified minute entries from the Orleans Parish Clerk of Court (Room 210) to ensure your motion is backed by accurate records.
- Strategic Location: Our office is positioned at 2735 Tulane Ave, allowing us to manage courthouse filings and document retrievals with unmatched speed.
Once your misdemeanor expungement is granted by the judge, the court file and court records are sealed from public access. In some cases, a hearing may be required before the expungement is granted.
Frequently Asked Questions
Can I expunge a misdemeanor if the charges were dropped?
Yes. If your charges were dismissed by the court, marked as nolle prosequi (meaning the prosecution decided not to pursue the case), or if all charges were dismissed, you are likely eligible for an immediate misdemeanor expungement to clear the arrest record.
How does this affect my background check?
Once the judge signs the Order of Expungement and the State Police process it, the record is removed from public-facing databases. While law enforcement and certain government agencies can still see the record, private employers and landlords generally cannot.
Do I need to go to court for a misdemeanor expungement?
In the majority of cases in Orleans Parish, a misdemeanor expungement can be handled without your physical presence in court, provided there is no objection from the state. However, if there is an objection or special circumstances arise, a hearing may be scheduled where a judge will review arguments from both sides and decide on your expungement.
Start Your Clean Slate with GoCrestLaw
If you have completed your misdemeanor requirements and are ready to clear your record, GoCrestLaw is ready to help. We focus on the details so you can focus on your future.