Louisiana Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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*However, regarding crimes of violence, Louisiana courts may order the expungement of a conviction for aggravated battery, second-degree battery, aggravated criminal damage to property, simple robbery, purse snatching, or illegal use of weapons or dangerous instrumentalities, only if they follow the same basic ...

Diversion programs in Louisiana are typically reserved for first-time offenders who are arrested for nonviolent crimes or minor misdemeanors like marijuana possession, trespassing, shoplifting and theft. The program is meant to help people who make a mistake to get back on the right path.

offender's pardon does not restore gun rights. The 10year cleansing period applies even after the pardon. A governor's pardon, does restore gun rights, but these special pardons are very rare.

To qualify as a first-time offender in Louisiana, you must show that you have had no previous exposure to the criminal justice system. This means you cannot already have a criminal record. If you first committed an offense as a juvenile, you may be barred from entering a pretrial diversion program.

What is an Article 894? In the Louisiana Code of Criminal Procedure, Article 894 allows for a misdemeanor conviction to be set aside and dismissed after successful completion of probation.

(1) A first offender never previously convicted of a felony shall be pardoned automatically upon completion of his sentence without a recommendation of the Board of Pardons and without action by the governor.

In Louisiana, only the Governor can grant the commutation of a sentence after a favorable recommendation from the Pardon Board. The submission of an application does not imply or guarantee that the Pardon Board will favorably recommend a commutation and/or that the Governor will approve a commutation.

Generally, a conviction cannot expunged if it is for any crime or an attempted crime that is designated as a crime of violence by the prosecuting attorney or that is defined as a sex offense as defined by R.S.

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Louisiana Motion to Expunge Criminal Offender Record due to Charges having been Dismissed