Expungement Attorney in Monroe, Louisiana

A past arrest or criminal case can continue to create problems long after the case itself is over. An eligible expungement may help remove certain arrest and conviction records from public access and provide an opportunity to move forward with greater privacy.

Marcy L. Allen assists individuals seeking expungements in Monroe and throughout Northeast Louisiana.

Louisiana expungement law is specific, and not every arrest or conviction qualifies. Eligibility can depend on the type of charge, the outcome of the case, the time that has passed, prior criminal history, and other circumstances.

If you want to know whether a record may be eligible for expungement, an individual review of your criminal history and court records is an important first step.

What Is an Expungement in Louisiana?

An expungement can make an eligible arrest or conviction record confidential and remove it from ordinary public access.

An expungement does not physically destroy the record. Certain law enforcement, criminal justice, licensing, and other entities may still be able to access an expunged record when authorized by Louisiana law.

Because of this distinction, expungement is sometimes misunderstood. It is more accurate to think of the process as restricting public access to an eligible record rather than completely erasing every trace that the record ever existed.

For someone dealing with the long-term effects of an old arrest or criminal case, however, removing that record from ordinary public access can still be significant.

Who May Be Eligible for an Expungement in Louisiana?

There is no single answer that applies to every criminal record.

Louisiana law allows certain arrest and conviction records to be expunged under specific circumstances. Eligibility can depend on factors including:

Whether the case resulted in a conviction
Whether the charge was dismissed
Whether a deferred sentence was successfully completed
Whether the offense was a misdemeanor or felony
How much time has passed
Whether there are pending criminal charges
The person's criminal history
The specific offense involved

Some offenses are excluded from expungement, while others may qualify only under particular circumstances. Louisiana law also provides different requirements for misdemeanor and felony records.

Can an Arrest Be Expunged if the Charges Were Dismissed?

In some circumstances, yes.

A record may potentially qualify for expungement when charges were dismissed, prosecution was declined, or the case ended without a conviction, depending on the circumstances and applicable requirements.

The exact disposition of the case matters. It is important to determine what the court record actually shows rather than relying only on a person's memory of how the case ended.

Louisiana State Police recommends obtaining a Right to Review, which is a fingerprint-based copy of a person's Louisiana criminal history, so that the information used in an expungement request accurately matches the state criminal-history record.

Can a Misdemeanor Conviction Be Expunged?

Certain misdemeanor convictions may qualify for expungement.

Louisiana law provides several potential routes to misdemeanor expungement. For example, eligibility may exist when a conviction was set aside and the prosecution dismissed under applicable law. In some other circumstances, a person may be eligible after more than five years have passed since completing the sentence, deferred adjudication, probation, or parole, provided additional statutory conditions are satisfied.

Certain misdemeanor offenses are excluded from expungement.

Because the result depends on the specific offense and the history of the case, each misdemeanor record should be reviewed individually.

Can a Felony Conviction Be Expunged?

Certain felony convictions may also qualify for expungement, but Louisiana law places important restrictions on felony eligibility.

Depending on the case, eligibility may involve a conviction that was set aside and dismissed under applicable law, the passage of a required period of time, or other statutory grounds.

For one route to felony expungement, Louisiana law generally requires more than ten years to have passed since completion of the sentence or supervision, along with no other criminal convictions during the required period and no pending criminal charges. Some categories of felony offenses are excluded, although Louisiana law contains specific exceptions for certain offenses.

A felony record should therefore be reviewed carefully before deciding whether an expungement is available.

Drug Charges and Expungements

Some drug-related records may qualify for expungement under Louisiana law.

Eligibility depends on the specific offense and circumstances. Louisiana's felony expungement statute contains restrictions involving controlled-substance offenses but also specifically identifies several categories of drug convictions that may remain eligible, including certain possession offenses and some other qualifying drug convictions.

If your record involves a drug possession charge or conviction, Marcy L. Allen can review the case history and discuss whether the record may qualify for expungement.

How Does the Expungement Process Work in Louisiana?

The exact process can vary based on the court, the record involved, and the reason the person is eligible.

In general, the process may involve several steps.

Review Your Criminal History

The first step is determining exactly what appears on the criminal record.

Louisiana State Police recommends that applicants obtain a Right to Review so that arrest information, booking information, charges, and other details can be accurately identified.

This can be especially important when a case is older or when the original arrest charge was later reduced or changed.

Review the Court Record and Disposition

The outcome of the criminal case can have a major effect on eligibility.

Court records may need to be reviewed to determine whether:

Charges were dismissed
Prosecution was declined
A diversion program was completed
A conviction occurred
A conviction was later set aside
Probation or another sentence was completed

The exact dates and case disposition can matter when determining whether the legal requirements for expungement have been satisfied.

Determine Eligibility

Once the relevant criminal-history and court information is available, the next step is determining whether the particular arrest or conviction qualifies under Louisiana law.

This may involve reviewing the offense itself, the final disposition, how much time has passed, prior convictions, pending charges, and any statutory restrictions.

Prepare and File the Required Documents

Louisiana State Police states that the required forms and supporting documentation generally must be filed with the clerk of court in the parish where the arrest or conviction occurred.

The documents must accurately identify the arrest and record being expunged. Missing or incorrect arrest dates, charges, counts, or supporting documents can create problems with processing the expungement.

Complete the Court Process

After the required documents are filed, the case proceeds through the applicable expungement process.

Depending on the circumstances, the relevant agencies may receive notice, objections may be considered, and the court may determine whether the legal requirements for expungement have been satisfied.

If an expungement order is granted, the appropriate agencies must then process the order according to Louisiana law.

What Can an Expungement Do for You?

The effect of an expungement depends on the person's individual situation.

For an eligible record, an expungement generally makes the record confidential and removes it from ordinary public access. Louisiana law also generally provides that, subject to statutory exceptions, a person whose record has been expunged is not required to disclose the arrest or conviction to ordinary persons or entities.

An expungement may therefore be particularly important for people concerned about an old criminal record appearing during ordinary public searches.

However, an expungement should not be described as completely destroying a record. Certain government agencies, law enforcement entities, licensing organizations, and other entities authorized by law may continue to have access

How an Expungement Attorney Can Help

The paperwork involved in an expungement is only one part of the process.

An attorney can help review:

Your criminal history
The original arrest
The final disposition of the case
Whether the required waiting period has passed
Whether the particular offense may qualify
Whether additional documentation is required
The forms and information needed for filing

Errors involving arrest dates, original charges, case numbers, dispositions, or missing documents can delay the process. Louisiana State Police specifically identifies these as common problems when processing expungements.

Marcy L. Allen can review your circumstances, explain the process, and help determine what steps may be available for seeking an expungement.

Questions About Louisiana Expungements

Does an expungement completely erase my criminal record?

No. Under Louisiana law, an expungement generally removes an eligible record from public access and makes it confidential, but the record is not physically destroyed.

Certain law enforcement, criminal justice, licensing, and other authorized entities may still have access to an expunged record.

How long do I have to wait before seeking an expungement?

The waiting period depends on the type of case and the basis for eligibility.

For example, one route to expungement for certain misdemeanor convictions involves a period of more than five years after completion of the sentence or supervision. One route for certain felony convictions generally involves more than ten years.

Other situations can have different requirements, so the individual record should be reviewed before assuming a particular waiting period applies.

Can a dismissed case still appear on my criminal record?

An arrest record can remain even when a case does not result in a conviction.

Whether that record qualifies for expungement depends on the circumstances and the final disposition of the case.

Reviewing the actual criminal-history and court records can help determine what information remains and what options may be available.

What if I do not remember exactly what I was charged with?

Older criminal records can be difficult to remember accurately.

Louisiana State Police recommends obtaining a Right to Review, a fingerprint-based Louisiana criminal-history report, before beginning the expungement process. The information used in the expungement documents should match the state's criminal-history information.

How much does an expungement cost in Louisiana?

Fees depend on the circumstances of the case.

Louisiana law generally provides that the total court and agency processing cost for an expungement order may not exceed $550, while also providing certain fee exemptions, waivers, and different fee provisions for particular cases.

The cost applicable to an individual case should be confirmed before filing.

Do I need an attorney to file for an expungement?

Louisiana law does not require every person seeking an expungement to hire an attorney.

However, eligibility and filing requirements can become complicated, particularly when a record involves multiple charges, amended charges, older cases, prior convictions, or questions about how the case was resolved.

An attorney can review the record and help identify the appropriate process based on the particular circumstances.

Can more than one record be expunged?

Potentially.

Whether multiple records can be expunged depends on the type of offenses, the person's criminal history, timing requirements, and whether each individual record qualifies under Louisiana law.

For example, current Louisiana law allows more than one eligible felony conviction to be expunged within a ten-year period when each conviction independently qualifies under the felony expungement statute.

Each record should be reviewed individually.

Expungement Assistance in Monroe and Northeast Louisiana

A criminal record can continue to affect a person's life long after an arrest or court case has ended.

If you have an old arrest, dismissed charge, misdemeanor conviction, felony conviction, or other criminal record and want to know whether it may qualify for expungement, Marcy L. Allen can review your circumstances and discuss the available options.

Marcy assists individuals with expungement matters in Monroe and throughout Northeast Louisiana.

Speak With a Monroe Expungement Attorney

If you want to know whether your criminal record may qualify for expungement in Louisiana, contact Marcy L. Allen to discuss your situation.

Marcy L. Allen Attorney at Law
1011 N. 7th St.
Monroe, LA 71201
318-651-0181

Contact Marcy L. Allen today to discuss whether your record may qualify for expungement.

The information on this page is provided for general informational purposes only and is not intended as legal advice. Expungement eligibility depends on the individual circumstances of each case and applicable Louisiana law.