Legal Question in Criminal Law in Louisiana

I have a first offense felony drug conviction in Louisiana from a little over 10 years ago. I recall the judge telling me I could have my record expunged after I completed probation. I investigated this shortly after completing my probation and found it would be quite expensive. I researched this more recently and found something that indicated to me that for a non-violent first offense, my record should be automatically expunged. Will it be automatically or will I need to go to the courthouse and submit paperwork and pay fees? Also, once my record is expunged, will my firearm rights be restored?


Asked on 12/03/15, 12:04 am

1 Answer from Attorneys
Vincent Miceli Law Office of Vincent Miceli

Your record of arrest and conviction will not be automatically expunged. It is necessary for you or a lawyer acting on your behalf, to file a Motion requesting the expungement. This will likely result in a contradictory hearing wherein the District Attorney will notice the court if they have an objection or not. If not, the court will likely sign the order of expungement.

Check with the Clerk of Court to see if your conviction was made under a provision that allows for expungement, This should be Article 893 for a felony.

If you choose to file the motion yourself without a lawyer to represent you, the Clerk of Court will usually have the necessary forms. The filing fee should be around $150 or so. Different jurisdictions have different fees.

I would advice contacting a criminal defense lawyer in your area to discuss this matter. Several lawyers offer free consultations and will give you the opportunity to explore your options.

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Answered on 12/16/15, 10:44 am


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