ANSWER: It will stay on your record forever unless it has been expunged.
ANSWER: No. Your criminal history contains your arrest and conviction history. You will have the arrest on your record but no conviction. Each time your criminal history is checked, the arrest will be shown unless it has been expunged. In addition, the court where the matter was prosecuted will have your file available for for public viewing and your name will appear in the index of criminal matters. An expungement will remove your matter from public access and viewing and from the indexes.
ANSWER: Even though you were given a ticket, citation, or summons, you were still technically arrested for the criminal charge. The actual process of booking someone arrested into jail to post bail is the normal process in criminal matters; however, a law enforcement officer has discretion in certain misdemeanor arrests to give a summons to appear in court in stead of being booked into jail. Those type matters will have to be expunged if you want them off of your record.
ANSWER: It usually takes four to five months, from beginning to end, to have a matter expunged from your Louisiana criminal history. Depending on any individual case, this time could be shorter or longer.
ANSWER: Yes, if you get the conviction set aside pursuant to Article 893 of the Louisiana Code of Criminal Procedure. Once that has been done, you will then be eligible to file for an expungement. Additionally, many felonies may be expunged after the passage of 10 years from the completion of probation, parole, and sentence and there has been no conviction of any kind during the 10 year period. Article 978 of the Louisiana Code of Criminal Procedure outlines which felonies may be expunged. Additionally, some crimes are not eligible for Article 893.
ANSWER: Yes, if you get the conviction set aside pursuant to Article 894 of the Louisiana Code of Criminal Procedure and it is not specifically disallowed to be expunged by law. Once that has been done, you will then be eligible to file for an expungement. You may get the benefit of Article 894 only once every ten years with driving while intoxicated offenses. Some misdemeanors are not eligible for Article 894 or expungement. Additionally, most misdemeanors may be expunged after the passage of 5 years from the completion of probation and sentence and there has been no felony conviction during the 5 year period. Article 977 of the Louisiana Code of Criminal Procedure outlines which misdemeanors may be expunged.
The above questions and answers are meant to give a general understanding of the expungement process. Every situation is different and depending upon the facts in a particular case, the above questions and answers may not apply. If you have a particular expungement question about your case, please call us at (318) 219-1001, extension 2. Thank you.
Copyright © 2022 LA-EXPUNGEMENT.COM - All Rights Reserved. Craig Smith, Attorney at Law, 3646 Youree Drive, Shreveport, Louisiana 71105. (318) 219-1001, extension 2. Licensed to Practice in the State of Louisiana.
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