This is the latest blog post regarding the Louisiana
Legislature’s recent changes to the expungement law. The new expungement law,
or rather laws, repeals LSA-R.S. 44:9 and replaces it with a whole host of new
laws found in Code of Criminal Procedure Articles 971-995. There are many new
changes and this blog will explain one important and beneficial change for
people seeking to expunge their criminal conviction.
In order to be eligible for an expungement under the old law
(44:9) it was required that you be sentenced under Article 893 (misdemeanor) or
Article 894 (felony). Often though, this important detail was neglected either
because the attorney forgot to request it from the judge or the judge declined
to make it available. In my practice I get many phone calls from people who
were not sentenced under the expungement article. Under the new expungement law
these people are now eligible for an expungement if:
You were convicted of a misdemeanor
and it has been at least 5 years since the end of your sentence/probation.
For felonies the wait time is 10 years after the end of your
sentence/probation In addition, during the 5 or 10 year waiting period you
cannot have been convicted of an additional criminal charge (misdemeanor or
felony) and have no pending
criminal charges against you at the time of filing.
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