You might be wondering what is an expungement and how can this help me with my case, and my future?
An expungement is simply a court-ordered removal of records that pertain to an individual’s arrest and case. As a criminal defense attorney in New Orleans, I repeatedly handle and help individuals who are first-time offenders and sometimes repeat offenders receive an expungement of their arrest.
Expungement Laws in New Orleans & Louisiana
If you are living in or visiting New Orleans for one our many parties, festivals or events, then you are probably here to have fun. While having fun can be safe and offer visitors and residents alike a good time, it can get out of hand here in New Orleans.
It is not uncommon to find a person drunk to the point that he or she is causing disorderly conduct in the city, resulting in an arrest right in New Orleans. Even if you have never been arrested before, an experienced Criminal Lawyer in New Orleans will be able to help you with your case in order to cause the least amount of damage to your record and reputation.
An expungement in Louisiana is governed by LSA-R.S. 44:9 and governs expungements of crimes against municipal and parish ordinances, felonies and misdemeanors.
What Can an Arrest in New Orleans Do to My Record?
If you are arrested in New Orleans for something as simple as a drunk and disorderly conduct in public, you will now have this on both your arrest record and criminal record.
If you apply for future jobs, employers may have access to these by conducting a Criminal Background Check, the military will be able to see this arrest on your record, and if you are renting an apartment or buying a house or condominium, a background check could reveal that you have an arrest history and it may be a detriment to your life.
This is a good reason why you should hire a confident New Orleans criminal lawyer if you are arrested in New Orleans.
An Expungement Can Save Your Career & Save You From Embarrassment
The fortunate situation of an arrest for first time offenders is the opportunity to have your case expunged. As an experienced criminal and traffic lawyer, I have helped many clients, both residents of Louisiana and those who are visiting the great city of New Orleans for a vacation, have their cases granted an expungement of their records to the state and Federal courts.
If your case is granted an expungement, then all records that pertain to your arrest will be removed from the courts for public use. You may file to have your case expunged if:
- You are mistakenly arrested
- Your case is dismissed
- You are found innocent in the court
- You have plead guilty to a minor offense and completed the sentencing ordered by the court
- You have plead guilty and were placed on probation under Article 893 or 894 of the Louisiana Code of Criminal Procedure
- You were convicted of a felony for simple drug possession and under the age of 18 at the time of conviction
In this case though, you will need a lawyer to help you navigate the case, organize all the evidence, and help deliver your plea.
An Expungement Is Not the Same as a Destruction
Just because the court ordered to have your case expunged, does not mean you have a “clean” record for future purposes. If you are arrested a second time, and your previous case was expunged by the court, it does not mean that law enforcement and/or some other agencies such as the FBI or CIA may not be able to see your previous arrest. The main purpose of an expungement is to simply protect you from being denied the right to work, find housing or obtain necessary licenses. The public cannot access your files through a background check.
Changes to the Law in Louisiana for Expungements
In June 2014, Gov. Jindal signed a comprehensive new law that created uniformity for expungements through Louisiana. In response to the new law, Crescent City Law wrote a new blog to provide you with updated information. For updated information, please visit that blog: New Expungement Laws in Louisiana.
Call an Experienced Criminal Defense Lawyer to Learn More
As an experienced criminal defense lawyer, I have seen many different cases granted expungement. If you have been arrested in Louisiana, please feel free to call me for help. I would be happy to set up a free consultation to learn about your case and see if we have the opportunity to have your case granted an expungement. I am available at (504) 264-9492 or (866) 459-4478 or you can Contact Me.