Expungement of Criminal Record in Lafayette, Louisiana

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Do you have a criminal record that is holding you back from living your best life?

Are your past mistakes a constant reminder of a time in your life for which you no longer want to be associated?

Long after you have paid your dues to society, a criminal record can continue to haunt you throughout your life, preventing you from getting the job or career you deserve and forcing you to live with a social stigma you do not deserve.

Hiring an experienced expungement attorney from the Ikerd Law Firm is an important first step in the expungement process.

Our team will be able to guide you through the legal process of getting your criminal record expunged, ensuring that you meet the eligibility requirements, and building a strong case for the expungement of your records.

Understanding Expungements

What is Expungement?

Expungement is the process of removing criminal records so that they are not accessible to the public.

This process can be beneficial for individuals who have been convicted of a crime and are looking to move on with their lives.

Expungement can be used to remove records related to arrest, conviction, and incarceration from public access, with some exceptions, including remaining “available for use by law enforcement agencies, criminal justice agencies, and other statutorily defined agencies.” See La. C. Cr. P. art. 971.

The process typically involves petitioning a court to expunge the records and may also include notifying relevant government agencies and criminal justice organizations.

Expungements can provide a new lease on life for individuals who have been convicted of a crime and are struggling to find employment, professional licensing, or housing due to their criminal record.

 

Eligibility for Expungements

Not all criminal convictions are eligible for expungement.

Eligibility varies from state to state, but generally, individuals who have been convicted of a non-violent crime and have completed their sentence, including probation or parole, are eligible to apply for expungement.

However, some states have specific restrictions and may not allow expungement for certain types of crimes, such as sex offenses or DUI.

It’s important to note that expungements do not erase the conviction from an individual’s record permanently.

In certain circumstances, such as in a criminal trial or background check for a government job, the expunged record may still be accessible.

 

To Be Eligible for An Expungement in Louisiana, One of the Following Must Typically Apply:

• An acquittal or dismissal: If the case against you is dismissed or you are found not guilty, you may be eligible for expungement of your arrest.
• A conviction that was later overturned: If your conviction is later overturned on appeal, you may be eligible for expungement.
• A pardon: If you receive a pardon from the governor or president, you may be eligible for expungement.
• Completion of a diversion program or deferred sentence: In Louisiana, if you complete a diversion program or deferred sentence, you may be eligible for expungement.
• Waiting period: Louisiana has a waiting period after the conviction before you can apply for expungement for most convictions.

What Are Some Types of Charges That Can Be Expunged?

• Non-violent crimes: Many states allow for the expungement of non-violent crimes, such as certain drug offenses, theft crimes, and white-collar crimes
• First-time offenses: Some states allow for the expungement of first-time offenses, such as certain misdemeanors or low-level felonies
• Juvenile offenses: Some states allow for the expungement of juvenile offenses, which are committed by individuals under the age of 18
• Other specific offenses: Some states have specific laws that allow for the expungement of certain types of charges such as drunk driving, certain type of traffic violations, certain types of misdemeanors, or low-level felonies

 

The Expungement Process

The process of expungement varies depending on the state in which the individual resides.

It’s important to note that the expungement process can be complex and time-consuming. It’s recommended to hire an experienced criminal defense attorney to guide you through the process and increase the chances of a successful outcome.

Expungement can provide numerous benefits for individuals who have been convicted of a crime.

Some of the benefits include:

• Improved employment opportunities: Many employers conduct background checks on job applicants and may not hire individuals with criminal records. Expungement can improve an individual’s chances of finding employment
• Improved housing opportunities: A criminal record can also make it difficult to find a place to live, as many landlords will run a background check on potential tenants. Expungement can help to remove this barrier and make it easier for individuals to find and maintain housing
• Mental and emotional well-being: Carrying the burden of a criminal record can be emotionally and mentally taxing. Expungement can provide individuals with a sense of closure and a fresh start
• Improved educational opportunities: A criminal record can also make it difficult to enroll in certain educational programs. Expungement can help to remove this barrier and make it easier for individuals to enroll in educational programs
• Improved overall quality of life: Expungement can help to improve an individual’s overall quality of life by removing the barriers and stigma associated with a criminal record
• Restoration of rights: In some states, getting an expungement can restore rights that were lost as a result of a conviction
• Reputation: Expungement can also help to improve an individual’s reputation and standing in their community

 

How to File for Expungement

The process of filing for expungement can be complicated and time-consuming.

It is important to work with an attorney who has experience with expungement in your state.

The following are the general steps necessary to file for expungement:

1. Gather the necessary documents: This may include court records, arrest records, and other relevant documents.
2. Prepare the petition for expungement: This will include information about your criminal history, the reasons for seeking expungement, and any other relevant information.
3. File the petition with the court: This will typically involve submitting the petition and paying a filing fee.
4. Attend a hearing: The court will schedule a hearing to consider your petition for expungement. This will be an opportunity for you to present evidence and argue for the expungement of your records.
5. Wait for a decision: The court will make a decision on your petition for expungement.

 

What Happens After an Expungement

It is important to note that even after expungement, certain government agencies and criminal justice organizations may still have access to your records.

Additionally, some employers and landlords may still be able to find out about your criminal history through background checks.

However, expungement can help to reduce the impact of a criminal record and make it less likely that it will be found by someone.

It’s also important to know that expungement does not restore the rights that may have been lost as a result of a conviction.

For example, if an individual loses their right to vote or own a firearm as a result of a conviction, expungement will not restore those rights.

 

Clearing Your Criminal Record

An expungement is a powerful tool for individuals who have been convicted of a crime and are looking to move on with their lives.

It can help to remove barriers and stigma associated with a criminal record and improve the overall quality of life.

However, it’s important to understand the eligibility requirements, the process, and the potential limitations of the expungement process before proceeding.

With the help of expungement, individuals can improve their employment and housing opportunities and experience an overall improvement in their mental and emotional well-being.

Reach out to us today at the Ikerd Law Firm and find out how an experienced expungement attorney can help you clear your name and help you move on with your life without the dark cloud of a criminal record hanging overhead.