5 Expungement Questions Answered!

1. How often can I get an expungement?

Early and often - if you were not convicted of any offense resulting from the arrest, you can expunge these arrests any time and as many of them as you want. If you were arrested for a felony but convicted of a misdemeanor, you can apply for an interim expungement of the felony arrest anytime, but cannot remove the record of the misdemeanor conviction until the delays discussed below have passed.

Immediately after the sentence is completed - Under some circumstances, a condition can be expunged immediately when the person seeking the expungement has completed their sentence:

• If the individual was convicted of a misdemeanor and sentenced pursuant to Article 894, they will need to set aside their conviction after successful completion of probation, and then will be able to file an expungement.

• If the individual was convicted of a felony and sentenced pursuant to Article 895, they will need to set aside their conviction after successful completion of probation, and then will be able to file an expungement.

• If the individual was convicted of a felony for the first time and is eligible for a first offender pardon, they may file for an expungement immediately upon completion of their sentence.

5 Years - for most misdemeanors after the date the individual was last serving any portion of their sentence (including probation).

10 years - for most felonies after the date they were last serving any portion of their sentence (including probation or parole).

As of August 1, 2020, the limitations on the number of arrests that can be expunged within a certain period of time (15 years for a felony, and 5 for a misdemeanor) have been repealed. It appears from this change in the law, that provided that an individual otherwise meets the requirements to expunge ALL of his arrests, he now no longer has to choose only one and wait 5 or 15 years to expunge another. He can expunge all of his arrests at once.

2. Are there any charges that can’t be expunged?

Yes. Sex offenses as defined in La. R.S. 15:541, and domestic abuse battery convictions cannot be expunged. Under certain circumstances, crimes of violence as defined in La. R.S. 14:2(B) and violations of the Uniform Controlled Dangerous Substances laws (Title 40) cannot be expunged.

3. How long will this process take?

Approximately 6 - 9 months.

The first step is to apply for a background check from Louisiana State Police. Once that is received, the Petition for Expungement must be filed within 30 days. There is a 60-day waiting period during which the State may file an objection to the Petition. Once the 60-day waiting period has passed, the Court will set the matter for a court appearance and either grant or deny the Petition. If it is granted, the Court will sign the order and the expungement will be granted.

There is often a delay between the signing of the order and the removal of the record because the Clerk of Court must send a copy of the order to each police agency involved in the case. Once each agency has removed the record from public access, they will send a certification letter stating so to the Clerk of Court. This entire process from background check request to receipt of final certification letter takes approximately 6 months.

4. Once I have gotten an expungement, can I tell people I’ve never been arrested?

Under most circumstances and with regard to the specific charge you have gotten expunged, yes. (If you have multiple arrests and are not able to expunge them all, you may still have to disclose those arrests depending on the wording of the question.)

5. Does an expungement make it like my charge “never happened?”

Short Answer: No.

Longer Answer: Expungements are different in every state. In Louisiana, an expungement removes the record from “public access” but does not result in the record’s destruction. In effect, this means that most background checks will not reveal the existence of the arrest; however, there are many exceptions to this rule. This also means that the arrest can be seen by law enforcement and the courts and can be used against you in subsequent prosecutions.

If you have a specific question about whether an expungement is a good idea for your circumstances, call us at (318) 459-9111 to set up a consult.