If you have been convicted of a felony, it can feel like you have had the rug ripped out from under you. You’ve served your time but still, you face seemingly insurmountable obstacles because of decisions you made in your past. Besides the negative stigma former felons face, a felony conviction can make it harder to get a job, find affordable housing, or even obtain a student loan.
So how do you move beyond your felony and begin to rebuild your life? For some people, a felony expungement may be an option. If you need help and want to know whether expunging your record may be an option, contact a felony expungement attorney. Here are a few things you should know about the process before you decide to move forward:
What is a felony expungement?
Under most circumstances, your felony conviction stays on your record for life. While employers may not ask about convictions beyond a certain period of time and your conviction may not always appear on a general background check, in reality, your conviction is always there. That is unless it is expunged.
According to the American Bar Association, to “expunge” is to “erase or remove completely.” In this way, it is like your conviction never happened. Your felony won’t appear on an employment background check, it can’t affect your ability to get an apartment, and it won’t appear in the public record.
Does an expungement make my felony conviction completely go away?
While a felony expungement gets rid of your record in most practical applications, there are still instances where others may still find out about your record or you may have to disclose it.
For example, if there were news reports chronicling your crime and conviction, these records will still exist and may appear in a simple Google search. Other entities that may have access to your expunged record include:
- The Office of Financial Institutions;
- The Louisiana State Board of Medical Examiners;
- The Louisiana State Board of Nursing;
- The Louisiana State Board of Dentistry;
- The Louisiana State Board of Examiners of Psychologists;
- The Louisiana Board of Pharmacy;
- The Louisiana State Board of Social Work Examiners;
- The Emergency Medical Services Certification Commission;
- The Louisiana Attorney Disciplinary Board;
- Office of Disciplinary Counsel;
- The Louisiana Supreme Court Committee on Bar Admissions;
- The Louisiana Department of Insurance;
- The Louisiana Licensed Professional Counselors Board of Examiners
These organizations will typically only use the information if you apply for employment or a license from the given organization.
Are all crimes eligible for a felony expungement?
The short answer is no. Some crimes will always stay on your record. Louisiana law is clear regarding which crimes are and are not eligible to be expunged. Specifically, the following crimes are not eligible for expungement:
- Sex crimes
- Crimes against minors
- Distribution of a controlled substance
- Crimes of violence
Additionally, a Louisiana court can only expunge Louisiana offenses. If you were convicted for a federal felony crime or a crime committed out of state, you may not be eligible for a felony expungement. If you have questions about whether or not you can obtain a felony expungement, contact our office today.
How long do I have to wait to apply to have my record expunged?
Louisiana has made major changes in the past several years to expedite the expungement process. While previous laws required a ten-year work history, this requirement no longer applies.
To apply to have your record expunged, you must wait a period of no less than 10 years since one of the following has applied:
- You completed your sentence or adjudication
- You are no longer on parole or probation
It’s important to note, you cannot have a subsequent conviction or pending charge during this 10 year period to be eligible to have your felony expunged.
How to obtain a felony expungement
1. Determine your eligibility
The first thing you need to do is to determine whether you qualify for an expungement. This step is important because you must pay filing fees to have your records expunged. These fees are expensive. If you are deemed ineligible, the court will not return any monies paid. If you are unable to pay these fees, the court may have assistance available.
2. File the necessary paperwork
Before you file any paperwork, you need to obtain your background report. Without this, your case cannot move forward. After you receive your background report you can begin to process the paperwork. In some cases, you may need to file for a motion to set aside before you file for a motion for expungement. If this sounds complicated, it’s because it is. For this reason, we cannot emphasize enough the value of an experienced attorney to help guide you through your case.
3. Undergo the mandatory waiting period
If the court approves your request, you must undergo a 60-day waiting period. During this time, the police and district attorney will have the opportunity to object to your request. If a party objects to your request you will be given an opportunity to plead your case in court. Be prepared to answer tough questions and defend why your record should be expunged.
Your future is at stake. Put it in the right hands
A felony expungement can give you a new lease on life. But as such, it doesn’t come easy. The process to expunge your record can be complex, lengthy, and expensive. This is not a challenge you want to take on by yourself. At Stephenson, Chavarri & Dawson, L.L.C., we work with individuals who have worked hard to get a second chance. Your past shouldn’t stop you from having a future. Our experienced attorneys can help you determine what steps you need to take to prepare for your battle and help you make sure everything is in line before we take the final steps. Protect your future, protect your freedom, protect your rights. Contact Stephenson, Chavarri & Dawson, L.L.C. at 504-523-6496 or fill out our online request form to schedule a consultation with one of our felony expungement lawyers today.
