Full question:
my daughter wants to apply to law school. she will be 22 at that time. she had 3 misdemeanors when she was 17. domestic violence, and possession of drug parephenlia. what needs to be done to get this expunged??
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Louisiana
Answer:
A juvenile over 17 may have criminal charges expunged if they did not result in adjudication. For misdemeanor adjudications, records can be expunged if:
- Two or more years have passed since the person satisfied the most recent judgment.
For felony adjudications, records can be expunged if:
- The adjudication was not for murder, manslaughter, any sexual crime, kidnapping, or armed robbery.
- Five or more years have passed since the person satisfied the most recent judgment.
- The person has no felony convictions and no misdemeanor convictions involving a weapon.
- The person has no outstanding charges against them.
(See Louisiana Children’s Code § 920-921.)
To initiate expungement for juvenile cases, a written motion must be filed with the court that has the records. This motion must state the facts supporting the grounds for expungement. It should be served on the district attorney, the clerk of the court, and any relevant agencies, including the FBI and local law enforcement.
A contradictory hearing may be required unless waived by consent. If the court finds the grounds for expungement are met, it may grant the request.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.