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Eligibility for Expungements

Eligibility for Expungements

July 10, 2023
March 14, 2024

Expungements in Louisiana are available to individuals who were convicted of a felony or misdemeanor, and completed their sentence. However, certain criminal offenses are not eligible for expungement. These include sex crimes, some violent crimes, and traffic offenses. It's important to note that even if an individual is eligible for expungement, they may have to wait a certain period before filing. Misdemeanors require five years to pass from the end of the sentence, while felonies require ten years.

1. The Expungement Process

To pursue an expungement in Louisiana, the first step is to get a background check and fingerprints from the State Police Headquarters. Once all the documents are available, the next step is to file a motion in court to start the expungement process. The legal paperwork should include the case number, the charges, and the sentence received. The district attorney's office and the arresting agency must be notified in writing of the motion.

2. Hiring an Attorney 

Hiring an attorney to handle the expungement process is a wise move. The attorney can advise and help with the legal paperwork, filing motions, and potentially representing the movant in court if needed. Filing an expungement is a complicated process that involves complex legal documents and even potentially court appearances. Having an attorney to oversee the process can eliminate potential headaches and save time.

 

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Frequetly Asked Questions

How Much Does a DUI Cost in Louisiana?

The initial cost of a DUI can vary depending on the severity and the number of offenses you have accumulated. This is a general overview of what you could pay.

  • First offense - $300 - $1,000
  • Second Offense - $750 - $1,000
  • Third Offense - $2,000
  • Fourth Offense - $5,000

It is important to know that you will be spending more than just this specific fine. You will potentially have to pay for a breathalyzer interlock device in your vehicle, take court-approved substance abuse programs, and more.

Can You Get a DUI Expunged in Louisiana?

Technically no, you cannot get a convicted DUI expunged in Louisiana. However, there are specific situations where you can avoid having it on your record, but you have to meet particular criteria to be eligible. Get in touch with a professional DUI lawyer today and get a criminal defense consultation.

Can You Get a DUI on a Bike?

You cannot get a DUI on a bike because the law applies to people operating a motor vehicle. The penalty for riding a bicycle drunk would be a ticket for public intoxication and possibly not following traffic laws.

What Happens When You Get a DUI in Louisiana?

When you get a DUI, you could face jail time, fines, community service, license suspension, and more, depending on the number of previous offenses. If you are convicted of a DUI in Louisiana, it can stay on your record for the rest of your life. This can affect you negatively when applying for a job, applying for a loan, or purchasing a gun. Your insurance rates may go up.

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