Expungement is “a court-ordered process in which the legal record of an arrest or a criminal conviction is ‘sealed,’ or erased in the eyes of the law.” People request expungement for many reasons, whether it’s for job related reasons or for how you think your friends and family will treat you after seeing that record. No matter your reason, we want you to know two things: 1 – we don’t judge, and 2 – you probably have a good reason for doing so.
Every state varies, but DWI Expungement in Louisiana is “governed by the Louisiana Code of Criminal Procedure through Articles 893 and 894”, according to bloomlegal.com. “There are additional requirements when the conviction that is sought to be set aside was a DUI or DWI”.
1: Once incarceration, probation, and/or parole requirements from the sentence are complete, the individual may petition the court to expunge the conviction.
2: The DA, or district attorney must concur with the petition.
3: The court will order the clerk to obtain a certified copy of the original records of the individual’s plea, fingerprints, date of birth, social security number, and driver’s license number from the Department of Public Safety and Corrections. $50 cost.
4: the court requires a certified letter from the Department of Public Safety and Corrections that shows these requirements have been fulfilled.
5: once the court finds there have been no convictions of any other offense during the period of a deferred sentence and has no other criminal charges that are pending, it may expunge the record.
One thing to note is that this process of DWI Expungement can only be used once in a 10 year period for DWI-related offenses. This record is confidential and “may be released to a prosecuting agency, court or the defendant.”
Are you worried about your DWI record? Are you considering the process of expunging your record? Let the Southern Oaks Law Firm help. Criminal defense lawyer Taylor Fontenot is well-versed in Louisiana DWI law and will do his absolute best on your behalf. With Taylor, you are getting sympathy and strength as well as competency and expertise. Give us a call today and relax knowing we’re here to help.