People facing criminal prosecution for misdemeanor charges will sometimes hear as part of a plea offer that they ‘will be eligible for Article 894’ or ‘can be sentenced pursuant to Article 894,’ but what, specifically, does that mean?

Article 894(B) of the Louisiana Code of Criminal Procedure allows for a sentence to be “deferred” and a defendant to be placed on probation. Upon successful completion of that term of probation, the court may then set aside the defendant’s conviction and enter a dismissal. This allows for the defendant to immediately file for an expungement of his arrest record, which removes the record from public access, upon completion of his term of probation.

There is a limit that an individual can only receive the benefit of Article 894(B) once during a 10-year period when the conviction being set aside is for diving while intoxicated. (La. C.Cr.P. Art. 894(B)(2))

If you or someone you know is facing misdemeanor charges and would like to schedule a consultation, give us a call at (318) 459-9111 to schedule a meeting.

People facing criminal prosecution for felony charges will sometimes hear as part of a plea offer that they ‘will be eligible for Article 893’ or ‘can be sentenced pursuant to Article 893,’ but what, specifically, does that mean?

Article 893 of the Louisiana Code of Criminal Procedure is the provision of the Code that applies to suspension of sentence and probation in felony cases. It governs the situations under which a judge can order a person convicted of a felony criminal offense to serve a suspended sentence and be placed on probation.

Specifically, though, many attorneys will use an “Article 893” as shorthand for a specific provision of the article: Subsection (E), which states:

(E)(1)(a) When it appears the the best interest of the public and of the defendant will be served, the court may defer, in whole or in part, the imposition of a sentence after conviction of a first offense noncapital felony under the conditions set forth in this Paragraph…the court may defer the imposition of sentence and place the defendant on probation under the supervision of the division of probation and parole.

…

(2) Upon motion of the defendant, if the court finds at the conclusion of the probationary period that the probation of the defendant has been satisfactory, the court may set the conviction aside and dismiss the prosecution. The dismissal of the prosecution shall have the same effect as acquittal, except that the conviction may be considered as a first offense and provide the basis for a subsequent prosecution of the party as a habitual offender except as provided in R.S. 15:529.1(C)(3). The conviction may be considered as a prior offense for purposes of any other law or laws relating to cumulation of offenses. Dismissal under this Paragraph shall occur only twice with respect to any person."

La. C.Cr.P. Art. 893(E). Convictions for crimes of violence, sex offenses involving minors, and certain violations of the Uniform Controlled Dangerous Substances Laws are not eligible for sentencing pursuant to this provision.

This provision of the criminal code allows for an individual to set aside his conviction after successful completion of probation. The additional benefit that comes with this set aside is that the individual is then immediately eligible to expunge his arrest record, which removes the record from public access (for most purposes) and allows him to say that he has not been arrested or convicted for the expunged offense.

If you or someone you know is facing felony charges and would like to schedule a consultation, give us a call at (318) 459-9111 to schedule a meeting.