Expungement FAQs
The Louisiana Legislature has created uniform rules and procedures and standardized forms that must be used to expunge criminal records throughout the state. While the State intended 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 challenging 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 know how to help them get the fresh start they are looking for. Attorney Matt McLaren has extensive experience with the expungement laws in our state. He has created a list of answers to the questions he often hears 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 period of 60 days that you have to wait after you file the expungement, which gives all the state agencies involved time to object if there are grounds for an objection. Once that period passes, a hearing date is set. You appear before a judge, and if no objection is made, the judge will sign your expungement.
2) How long do I have to wait before I can get an expungement?
There are three paths to get an expungement; two are quicker than the third. If you have received a first-offender pardon or 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 where you are filing the expungement.
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 and steps that must be taken to ensure that your expungement is granted. Failure to follow one of these steps or not having the correct 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, which 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?
We cannot give blanket statements 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 do not involve 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 to enjoy the benefit of these programs. Call us today to discuss the specifics of your case and 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 it and help you get your expungement taken care of as quickly and efficiently as possible. The call is free. Remember… When no one’s carin’ call McLaren!