Expungement

Metairie Expungement Attorney

An arrest or conviction that stays on your criminal record can surface in employer background checks, housing applications, and professional license reviews long after the case ends. Expungement in Louisiana can remove a criminal record from public access, but it does not destroy the record. Eligibility depends on the circumstances of the case and the requirements of Louisiana law.

At The Bradley Law Firm, we help people in Metairie and the surrounding parishes pursue a clean slate. Call 504-336-1717 to schedule a free consultation with our Metairie expungement lawyers.

Which Records Can Be Expunged in Louisiana?

Louisiana law allows expungement of certain arrest records and misdemeanor and felony convictions. Eligibility depends on how the case ended, the offense involved, the applicant’s criminal history, and any applicable waiting periods. Some records may qualify for expungement even when others do not.

Louisiana’s expungement laws are set out in Title XXXIV of the Louisiana Code of Criminal Procedure, beginning with Article 971. The specific eligibility requirements depend on the type of record and the circumstances of the case. Several factors determine whether you qualify:

  • Case outcome. If you were arrested but never prosecuted, or the charges were dismissed or ended in acquittal, you may be eligible to expunge the arrest record.
  • Conviction level. Waiting periods depend on the offense and the applicable expungement provision. For many misdemeanor convictions, the waiting period is more than five years after completion of the sentence, deferred adjudication, or probation or parole. For many felony convictions, it is more than ten years after completion of the applicable sentence, deferred adjudication, or probation or parole. Exceptions and additional eligibility requirements apply.
  • Offense type. Violent crimes and sex offenses are generally treated more restrictively, and some convictions cannot be expunged at all.
  • Your criminal history. Pending charges and prior or subsequent convictions can affect eligibility, depending on the type of offense and the applicable expungement provision. For example, a qualifying misdemeanor expungement generally requires that you have no felony conviction during the preceding five years and no pending felony charge. A qualifying felony expungement generally requires no criminal convictions during the preceding ten years and no pending criminal charges.

Our attorneys can review your specific circumstances in an eligibility assessment.

How Does the Expungement Process Work?

You generally file a motion to expunge with the court that has jurisdiction over the records, using the procedure applicable to your case. The motion must be served on the required parties and agencies, and the court determines whether the legal requirements for expungement have been met.

For a case arising in Metairie, the appropriate court will generally be in Jefferson Parish. For a case arising in New Orleans, the appropriate court depends on the original case and the court that has jurisdiction over the records. The correct filing location should be confirmed before submitting the motion. The legal process generally follows these steps:

  1. Gather court records. You will need the arrest date, charge, disposition, and proof that you completed your sentence.
  2. File the motion. The motion must state the grounds for expungement and name the agencies holding your records.
  3. Notice and response. The district attorney, the clerk of the court, and the agencies whose records are being sought for expungement must receive the required notice. These may include the Louisiana Bureau of Criminal Identification and Information and local law enforcement agencies. Objections may be raised under the applicable procedure.
  4. Judge’s ruling. If the judge signs the order, the agencies must act on it. Fees and timing vary, so call us for details.

What Does an Expunged Record Actually Change?

Once a criminal record is expunged, it is generally removed from public access, which may limit what most employers and landlords can see, but it is not erased for every purpose.

Most employers conduct background checks, and landlords screen for the same history. After a successful expungement, the record is generally removed from public access, which may help with employment, housing, and certain professional licensing opportunities. However, expungement does not guarantee that a record will be absent from every background check or that an applicant will qualify for a particular job, housing opportunity, or professional license.

Some limits remain. Law enforcement and certain licensing bodies may still have access. Expungement does not automatically restore the right to possess firearms. Whether you may legally possess a firearm depends on the offense, any applicable state restrictions, and federal law. You should obtain legal advice about your specific circumstances before possessing a firearm. Our expungement eligibility guide explains more.

Start Your Fresh Start With a Metairie Expungement Lawyer

If a past arrest or conviction is holding you back, you may be able to move forward. The Bradley Law Firm is a criminal defense law firm in Metairie, and our attorneys can tell you whether you are eligible and what the next step is. Call 504-336-1717 today for a free consultation with our Metairie expungement attorneys.