Louisiana Motion for New Trial for Purpose of Expunging Criminal Record

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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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FAQ

Motion for Expungement. A. Misdemeanor or Felony Conviction ? may be eligible if more than five years (for Misdemeanors with no felonies) or more than ten years (for Felonies) have passed since the completion of any sentence or period of probation and parole and there are no pending criminal charges.

If you want to expunge a conviction, the offense that you were convicted of cannot be any of the following: A violent crime; A sex crime; Distribution of controlled dangerous substances; Misdemeanor domestic abuse battery; Misdemeanor stalking; or. A crime against a minor.

In Louisiana, after a felony sentence (including parole and probation) has been completed, an ?automatic? pardon is given to most first-time offenders. An automatic first offender pardon does not seal your record from public view, nor does it prevent the state from using your record against you in the future.

How Do I Apply for Expungement? Get the correct forms. ... Complete the required forms and collect the necessary documents. ... File your petition for expungement with the court clerk. ... Pay the $550 fee. ... Wait about 60 days after you file for any response. ... Notify any private background check companies about your expungement.

Earlier this year, the Louisiana state legislature was considering passing a ?clean slate law.? This law could have automated the process of expunging records, meaning if you met circumstances, you could have your record expunged automatically.

What Felonies Cannot Be Expunged in Louisiana? Most sex crimes including rape, sexual battery, any indecent behavior with a juvenile, sexual abuse to an animal, sex trafficking, prostitution, giving someone HIV or AIDS without their knowledge, etc. Kidnapping or aggravated kidnapping.

About the Expungement Process Guide This guide provides a non-specific overview of the expungement process. While an attorney is not needed to obtain an expungement, the help of a lawyer or someone who has experience guiding others through the process is recommended. Talk to a lawyer if you think you need the help.

The new law requires the State Police and the Louisiana Supreme Court to upgrade their computer systems so that their respective databases can share information about people seeking expungements and coordinate notice to clerks of court, law enforcement and prosecutors when expungements are granted.

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Louisiana Motion for New Trial for Purpose of Expunging Criminal Record