Louisiana Motion to Set Conviction Aside and Dismiss Prosecution
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FAQ
Expungement in Louisiana if You Were Convicted of a Crime. Misdemeanor offenses. If you were convicted of a misdemeanor, you may be able to expunge the related record. You can petition for expungement if it has been at least five years since the end of your sentence, deferred adjudication, probation, or parole.
To expunge a misdemeanor conviction, five years must have elapsed since the completion of any sentence, deferred adjudication, or period of probation or parole, and you must not have been convicted of any felony offense during the five-year period, nor have felony charges pending when you apply.
A dismissed case means that a lawsuit is closed with no finding of guilt and no conviction for the defendant in a criminal case by a court of law.A dismissed case will still remain on the defendant's criminal record.
Check with your parish court clerk. File your petition for expungement with the court clerk. Include all the required documents and forms including your criminal record. You must get a copy of your criminal record from the state of Louisiana within 30 days of filing your expungement petition.
When a court sets aside a conviction it dismisses the conviction, the penalties are dismissed and disabilities are vacated. The record of the prior conviction remains but the court record will also note that the conviction has been set aside.
What is Article 894? Article 894 in Louisiana is the code of criminal procedure article that allows for a misdemeanor conviction to be set aside and dismissed after successful completion of probation.
Do dismissed charges show up on a background check? Cases resulting in dismissal may appear in some criminal background checks. Sometimes, even if the court has sealed case records, the arrest that led to the case may appear in a criminal background search.
Sex Crimes. Any domestic abuse or domestic violence crime. A crime involving a minor who is under the age of 17. A crime of violence pursuant to Louisiana Revised Statute 14:2(B)
How long does the process take? In all, it usually takes three to four months to have something expunged from your record. Once you file for an expungement, it takes 60 days for all the relevant agencies to respond to your request.
