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Expungements: How do I get this arrest or conviction off my record?

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Most people want to keep their criminal records as clean as possible. Unfortunately, life sometimes presents challenges to this in the form of criminal arrests and/or convictions. If you are arrested and/or convicted of a crime in the state of Louisiana, you may still be eligible to keep the arrest and/or conviction off your record. We call this an expungement. 

An expungement is a legal mechanism that allows you to ask a court to have your arrest and/or conviction record sealed so that your arrest and/or conviction can’t be seen during a normal “background check.” Here are some examples of when you might be eligible for an expungement:

  1. You are arrested but the prosecuting agency “no bills” your case or declines prosecution. 
  2. You are arrested and formally charged with a crime but for some reason the case is dismissed. 
  3. You are arrested and go to trial and are found “not guilty” 
  4. You are arrested and convicted but the law allows you to expunge the matter after the successful completion of your probation period. This is sometimes called an “893” or “894” expungement. 
  5. You are convicted of a crime that allows you to seek an expungement for certain felony and misdemeanor convictions after a statutory cleansing period. 

It’s important to remember that some convictions are not eligible for expungement. Additionally, an expungement doesn’t destroy the record but instead seals the record of the arrest and/or conviction. The law allows some agencies and licensing boards to pierce that sealed record. 

Also of note is that federal law currently doesn’t allow for expungements of federal convictions.

Interested in cleaning up your record and looking into whether or not you are eligible for an expungement? Call the Borghardt Law Firm for more information and a consultation. 

Franz Borghardt