Legal Question in DUI Law in Louisiana

Re: Espungment

Dear LawGuru Friend,

Assuming your case meets the legal requirements for expungement, then you are talking about at least a $500.00, ticket. About half of that goes to the lawyer, and the other half to pay the court costs and any other costs involved, such as a fee to the LA Department of State Police. I know they charge a high fee for what little they do, but tell me something new about government! It is not enough that we finance their agencies with our tax money; but when we need their services, they want us to pay again. And yes, assuming your case meets the legal requirements, your entire record is cleaned off, just the same as if you had never been arrested on the charge or charges. Good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles

Re: Espungment

I read Mr. Parkerson's answer and it is not correct. Under Louisiana Revised Statute (R.S.) 44:9 a violation of R.S. 14:98 (DWI) is not eligible for true expungement. The legally correct result is that The Judgment is changed to a Judgment of Acquittal (Not Guilty) but can still be used as the basis to enhance a future prosecution to a Second (or higher) offense.

It cannot be treated as a conviction by the insurance industry (for the purpose of raising rates) and the rest of the world is supposed to treat it like an acquittal.

The eligibility is generally more of an issue than the price.