What You Should Know About Getting an Expungement in Orleans Parish

The city of New Orleans is a common destination for tourists year-round. From Mardi Gras to Jazz Fest , there are plenty of reasons why many people from around the country come to New Orleans. However, perhaps because people visit New Orleans during festivities and festivals, they underestimate the local alcohol laws, and public drunkenness is a common cause of arrest.

If any criminal charges were filed against you during your visit to New Orleans, the Law Office of Lance J. Robinson can help you with legal defense and expungement. You need to file complex expungement papers and attend a court hearing where a judge decides whether your crime is expunged.

Thanks to an expungement process, your arrest or conviction won't appear on your record. The expungement process can ensure that your past record won’t impede you from getting a new job, renting a home, or buying a car. We can help you clean your record so that a vacation mistake doesn't negatively affect your life.

One of the most common causes of arrest in New Orleans for tourists is public intoxication. Some tourists take the open-container rules as a free pass to drink as much as they want on the street. We see clients underestimate alcohol laws in New Orleans.

Another legality that frequently gets tourists into trouble is disturbing the peace. Disturbing the peace encompasses a range of behaviors, from sleeping in public places to yelling profanities to playing your radio too loud. It also includes more aggressive behaviors such as fighting or damaging personal or public property.

In reality, some misdemeanor charges can have serious consequences in Louisiana. Enjoy the relaxed atmosphere but be careful about public drinking like you would in most other cities in the US.

Expungement deletes a crime from your public recordso that the public performing a background check cannot see it. Getting a crime cleaned from your public record means that if you are applying for a job, for insurance, or you want to rent or buy a home, the crime will not show up on your record.

The crime is only cleared from public records, meaning the police can keep a private record of all your past crimes. Louisiana keeps a private record that only judges, law enforcement, and some licensing agencies can see. If you are arrested in the future, they can access that record and see if you have ever been convicted of a specific crime.

The Law Library of Louisianais an excellent place to find legal information, but you can also call the Law Office of Lance J. Robinson, and we will answer any questions you have on expungement.

In general, you can apply for expungement if your charges were dismissed, you weren't found guilty, or you were convicted of a nonviolent misdemeanor or felony (guilty plea under Article 894/893). The following crimes can't be expunged under Louisiana law:

• A violent crime
• A sex crime
• Distribution of controlled dangerous substances
• Misdemeanor domestic abuse battery
• Misdemeanor stalking
• A crime against a minor
  

If you are arrested, but the charges are dismissed, a motion to quash was granted, or you were acquitted, you may file expungement papers immediately. However, if you are convicted of a crime, you usually have to wait a certain period before you can apply for expungement.

If your conviction is for a misdemeanor, you have to wait 5 years. According to Louisiana Law, you can expunge one misdemeanor conviction every 10 years and one DUI conviction every 10 years. If the charges are for a felony, you'll have to wait 10 years.

If you have been arrested or convicted for a crime, you may have the right to expunge it from your legal record. Many people think if they are arrested, but the charges are refused, the arrest is automatically off their public record. However, this isn't the case. After the charges are refused, you need to file the appropriate expungement papers to remove the arrest from your record.

Another misconception occurs with people who plead guilty to criminal charges. If you are arrested in Louisiana and plead guilty to a misdemeanor or a felony, you may still have the right to expunge it from your record. However, pleading guilty doesn't automatically clean your record.

You need to file expungement papers, and once the motion is processed, there is a court hearing. At the hearing, the judge decides whether you have a right to be expunged. If the judge grants the right to be expunged, you can file an order telling a specific government agency to take the charges off your record.

An expungement case requires complicated paperwork that most people are unable to complete on their own. The paperwork takes time, and the legal jargon can be overwhelming, so it's crucial to have the help of an experienced lawyer, so you don't make any mistakes. We can handle the paperwork on your behalf.

Depending on the charges or committed crime, you may need to attend a court hearing, where a judge decides if the charges are expunged. Attending the hearing without an experienced lawyer who understands the Louisiana court system diminishes your chances of success. A court hearing can be stressful, and we can be there with you to represent you and help you get the expungement approved.

As a New Orleans criminal attorney, Lance J. Robinson has over 25 years of experience defending more than 2,400 local and out-of-town clients in Criminal, Municipal, and Traffic courts.

At the Law Office of Lance J. Robinson, we are committed to fighting for your rights and protecting your future. You can reach us at [email protected] or call us at (504) 465-0101 to schedule a complimentary consultation.