Everything you need to Know About Expungements: Louisiana Article 894 and 893

You found yourself in Court; maybe you hired a lawyer or maybe you had a public defender. Someone approached you and told you there was a plea deal and if you took the deal, you could go home today and the case would be over. You likely took the deal because the odds were against you and you didn't want risk going to prison. Understandable. Common. Not Unusual.

However, what may not have been discussed is how pleading guilty might affect your future. You have a criminal conviction and it likely is holding you back. Depending on the circumstances surrounding your conviction and the charge, you may be eligible for an expungement. There are two Louisiana Code of Criminal Procedure Articles that apply to the ability to get an expungement: article 894 and 893. You might have heard of those when you took your plea deal; 894 refers to misdemeanor pleas and 893 refers to felony plea deals. If your conviction is not for a crime of violence or for a sex offense, you may be eligible to have your conviction removed from your record. 

What an expungement means is that, in the eyes of the Court and the Law, your case is set aside and the conviction is dismissed, which means it can be removed from the public record. This means that employers can no longer find your conviction and you can change your answer to the question, “Have you ever been convicted of a crime?”. This does not totally remove this conviction from your background; law enforcement and certain government entities can still access this conviction and if you are convicted of an additional felony, depending on the time frame, it may be used against you to enhance future penalties. 

Why go through the process? Because it takes it out of the public record. Most employers will run a cursory background check and it will show up. Filing an expungement will take it out of those background checks. This means it will be easier to get and keep a job, easier to rent an apartment, and easier to apply for certain government programs. 

Call me today to discuss your conviction and whether you are eligible for an expungement. There are certain new laws that allow people to file for an expungement immediately and they may apply to your case. 504-300-8338. And Remember ... When No One's Carin' Call McLaren!