Legal Question in Criminal Law in Louisiana

felony

How long does a felony charge stay on your background? If a Perjury charge was amended to False swearing under article 894 what does that mean. Also if a charge was dropped how do I get it off my back ground?


Asked on 4/14/07, 11:50 am

2 Answers from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: felony

Dear Friend,

What the other lawyer Mr. Casanave has told you is correct. However, I might add that if your original felony charge was amended to a misdemeanor and you were sentenced according to article 894 of the LOUISIANA CODE OF CRIMINAL PROCEDURE, then upon the satisfactory completion of your probation, you can file a motion to have your original plea of guilty withdrawn and to have the charge dismissed. Then you can take steps to have your criminal record expunged (wiped clean) for this incident. In some cases the D.A. will help you accomplish both of these tasks; and in some cases you will have to do it yourself and/or or with the help of a lawyer. In some cases the D.A. initiates the action to have the original guilty plea withdrawn and the charge dismissed; but I would not count on its having been done. Politically, you might want to get some friend of yours who is also a freind of the D.A. to put a good word in for you with the D.A, and request the D.A. to help you with both of these tasks: (1) withdrawing the guilty plea and having the charge dismissed; and (2) taking steps to have your arrest record expunged. There is more to it all than this, but this is something to think about. Good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

[email protected]

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Answered on 4/15/07, 7:05 pm
Andrew Casanave Andrew M. Casanave

Re: felony

Unless expunged or pardoned the conviction is permanently on your record.

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Answered on 4/14/07, 4:00 pm


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