Baton Rouge Expungement Lawyer

Baton Rouge Expungement Attorney

Many people in Baton Rouge live with the burden of a criminal record long after their sentence ends. Expungement is one option. A Baton Rouge expungement lawyer can act for you. This can help your record.

Find Trusted Guidance

Longman Jakuback serves clients across Louisiana. We help people who have criminal charges. We can help people who need aid after a conviction. We support people moving beyond their past. Our firm pushes for good results, no matter how serious the charge.

Who Qualifies for Expungement?

Eligibility for expungement starts with how the case ended. People arrested but never charged are often able to file. The same goes for people whose charges are dropped. Cases that ended in acquittal often qualify as well. People convicted of certain misdemeanors or non-violent felonies might be eligible. They have to finish all sentencing requirements.

There’s a waiting period, too. For many misdemeanors, there is a five-year wait after completing a sentence. For non-violent felonies, the wait can be ten years without new charges. The person must have paid their fines and finished any requirements of their sentence. Expungement is not automatic in Louisiana.

Some cases never qualify for expungement. Violent crimes and sex crimes are usually excluded. A lawyer knows which cases qualify. They know if a sentence is completed beforehand.

What Records Can Be Expunged?

Expungement in Baton Rouge can apply to several types of records. Arrests that never led to formal charges are often the easiest to clear. Many people qualify to expunge records tied to dismissed cases. In these situations, the person has no conviction to prevent expungement.

Certain misdemeanor convictions can also be expunged after meeting waiting periods. Crimes like simple theft or minor drug possession often fall under this category. Felony records are harder to expunge, but not impossible.

Not every charge qualifies. Violent crimes are usually locked out from expungement. Even when a record cannot be cleared, other legal options might exist to reduce its impact. Consult with our Baton Rouge Expungement Lawyer for more information.

The Expungement Process

Filing for expungement in Baton Rouge follows a set process. The process includes:

• Filing a petition: The person has to file a legal court document. This is the start. It takes preparation. They have to gather certified copies of court records. The petition must follow Louisiana’s format. The filing happens in the court where the case ended.
• Serve notice: Once filed, notice must be sent to the District Attorney and the State Police. Each agency has the right to object during a certain timeframe.
• Wait for agency responses: Agencies may agree or object. They may need more context. No objections means a faster case. If someone objects, the court will set a hearing.
• Attend a court hearing: Hearings are only needed sometimes. If the court plans a hearing, the person has to show up. The judge hears any objections given about expungement. Bringing a lawyer to this is allowed.
• Obtain the expungement order: Hopefully, the expungement is granted. The judge signs an order removing the record from public access. Copies must be filed with state agencies.

An attorney can tell you what’s happening with your case.

Life After Expungement

Expungement helps protect people from a criminal record. Most private employers and landlords don’t see expunged charges. This grants you more opportunities.

There are exceptions for expungement. Law enforcement can still view the record infrequently. If someone is charged with a new crime, an expunged record can become relevant. Some government jobs may ask about prior arrests, even if expunged.

For most people, though, expungement offers real relief. It removes public records that can damage reputations. Baton Rouge residents who qualify can build a new path without the weight of an old charge following them.

What If My Expungement Is Denied in Baton Rouge?

An initial denial does not always end the process. An expungement could be denied because of a mistake or a missing document. Other times, the law does not allow expungement for the type of record involved.

If the denial was based on a technical error, it might be possible to refile. Courts sometimes allow a new petition without needing to wait a long time. Worse problems leave a person with fewer options. Some convictions don’t count.

It’s vexing to see a denial. A Baton Rouge expungement lawyer can help you try again. Their help can raise your odds.

FAQs About Baton Rouge, LA Expungement Laws

Who Is Eligible for an Expungement in Baton Rouge?

Who is eligible for an expungement in Baton Rouge depends on the type of charge. Arrests that did not lead to a conviction are often eligible. People who completed deferred sentencing programs might also qualify. Some convictions can be expunged after waiting periods set by Louisiana law. A Baton Rouge Expungement attorney can help you determine if you qualify for expungement.

What Types of Criminal Charges Can Be Expunged in Louisiana?

The types of criminal charges that can be expunged in Louisiana include some misdemeanors and felonies. Charges that were dismissed or resulted in an acquittal count, too. Convictions for crimes like simple battery or theft can sometimes be expunged after enough time has passed. There were 1,898 burglaries in Baton Rouge in 2020.

Can a Felony Conviction Be Expunged in Baton Rouge?

Some felony convictions can be expunged in Baton Rouge. The procedure has rigid rules. Only a few non-violent felonies qualify. Crimes like aggravated assault, 1473 of which happened in Baton Rouge in 2020, depend on the facts of the case. The person usually has to wait at least ten years after the case is closed without new charges.

Does an Expungement Erase a Criminal Record Completely?

Expungement does not erase a criminal record completely. It removes a record from public view. Law enforcement still has limited access. Expunged records can be used again if a person faces new charges or applies for certain jobs. For most private employers or landlords, the record doesn’t show up anymore.

Start the Path Toward a Clean Slate

Overall, Baton Rouge’s crime rates have been decreasing since 2009. This does not help people who have charges. Some Baton Rouge residents qualify for expungement. They deserve fairness. Schedule a consultation with Longman Jakuback. We can help if your criminal record is trying your patience.