Expungement FAQs
The Louisiana Legislature has created uniform rules and procedures and standardized forms that must be used for the expungement of criminal records throughout the state. While the State’s intention was to make the expungement process more straightforward and transparent so that people could seek expungements on their own, the reality is that the process is still very complex and can be difficult to navigate without the help of an experienced Louisiana expungement attorney.
McLaren Law Firm provides skilled guidance and dedicated representation to individuals who want to obtain an expungement of their criminal records. We represent clients throughout the entire New Orleans metro area and we know how to help our clients get the fresh start they are looking for. Attorney Matt McLaren has extensive experience with the expungement laws in our state and has created a list of answers to the questions he hears often to help people begin to navigate the expungement process.
1) How long does it take to get an expungement?
An expungement does not happen on its own. It requires filling out certain forms and filing them with the Court to be heard. There is a time period, 60 days, that you have to wait after you file the expungement which gives all the state agencies involved a time to object if there are grounds for an objection. Once, that time period passes a hearing date is set. You appear before a Judge and if no objection is made, then the Judge signs your expungement.
2) How long do I have to wait before I can get an expungement?
There are three paths to take to get an expungement; two of them are quicker than the third. If you have received a first offender pardon or you have pled under article 893/894 and have completed all the requirements of your sentence you can file for an expungement immediately. If you have not you must wait 10 years from the end of your sentence for felonies, or 5 years from the end of your sentence for misdemeanors before you can file.
3) How much does it cost to get an expungement?
There is a filing fee of $550 for an expungement. In each jurisdiction, you’ll need to obtain a background check. This can cost anywhere from $5-$50 depending on the parish you are filing the expungement in.
4) Do I need a lawyer to get an expungement?
You can file your expungement on your own but it can be complicated. There are specific documents that are needed and specific steps that must be taken to ensure that your expungement is granted. Failure to follow one of these steps or not having the right document can result in your expungement getting denied. You will not receive a refund of your filing fee if your expungement is denied. We charge a flat rate for our expungements that includes your filing fee.
5) What types of offenses can’t be expunged?
Certain drug offenses, mainly distribution charges, and most sex offenses and crimes of violence are not expungable.
6) Am I eligible for an expungement?
There is no blanket statement we can give about eligibility because it varies from case to case. The only way for us to answer this question would be if you called and explained the specifics of your case.
7) Can drug offenses or DWIs be expunged?
Drug offenses that are not distribution charges are expungable. DWIs can be expunged under certain circumstances. If you participate in drug court or diversion, sometimes you will have to wait longer to expunge your offense even if you took it under 893/894 because the District Attorney makes you waive rights in order to enjoy the benefit of these programs. Call us today to discuss the specifics of your case to determine your eligibility.
Final Thoughts
Having a conviction on your record can cause endless problems so the best time to get it taken care of is as soon as you’re eligible and able. The expungement process can be complicated so give us a call if you want someone to guide you through and help you get your expungement taken care of as quickly and easily as possible. The call is free. Remember… When no one’s carin’ call McLaren!