What is Article 894?

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.