Legal Question in Criminal Law in Louisiana

expungement

i was arrested for a felony theft which was put down to a misdemeanor. when i was in court the DA stated once my probation was over i could get the misdemeanor off mff my record--name removed--when i finished probation i went to the DA to get the misdemeanor theft off my record so i could get my nursing liscense and to get get a normal job the DA said he didn't want to do it--name removed-- is there anything else i can do to the expungment


Asked on 9/21/07, 8:54 pm

2 Answers from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: expungement

If you were sentenced under 894 of the Code of Criminal Procedure, after your probation is successfully completed you will need to file a motion to dismiss. If you were not sentenced under 894 of the CCP, then you will have to file for an expungement.

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Answered on 9/24/07, 10:56 am
Andrew Casanave Andrew M. Casanave

Re: expungement

It appears that you were sentenced under Art. 894 of the Code of Criminal Procedure. Most D.A.s agree to this expungement as long as the offender successfully completed probation and committed no new crimes.

The procedure is generally that you file the motion for expungement and he files an answer (like in a lawsuit) admitting the truth of everything in your petition. If in this case his answer denies the allegations, then you are entitled to a hearing (trial) wherein you must prove that the expungement is proper. He would be entitled to present evidence that the expungement is not proper and the court would decide who is right.

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Answered on 9/22/07, 9:03 am


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