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 when those charges did not result in adjudication. Otherwise juvenile criminal records meeting the following conditions may be expunged:
-Records concerning conduct or conditions that resulted in a misdemeanor adjudication may be expunged only if two or more years have elapsed since the person satisfied the most recent judgment against him.
-Records concerning conduct or conditions that resulted in a felony adjudication may be expunged only if:
(1) The adjudication was not for murder, manslaughter, any sexual crime, kidnapping, or armed robbery.
(2) Five or more years have elapsed since the person satisfied the most recent judgment against him.
(3) The person has no criminal court felony convictions and no criminal court convictions for misdemeanors involving a weapon.
(4) The person has no outstanding indictment or bill of information charging him. Louisiana Childrens’ Code § 920-921.
In juvenile cases, the motion for expungement must be in writing and must state facts that constitute grounds for expungement under Article 918. The motion for expungement must be filed with the court possessing the records the person seeks to expunge, or with the court having jurisdiction over the arresting agency. The motion must be served personally or by domiciliary service or by certified mail on the district attorney, the clerk of the court whose records are sought to be expunged, and the head of any agency whose reports and records are sought to be expunged, including but not limited to the Federal Bureau of Investigation, the Louisiana Bureau of Criminal Identification and Information, the Department of Public Safety and Corrections, and local law enforcement agencies.
Unless waived by consent of the parties, a contradictory hearing must be conducted with the district attorney and any agency whose records are sought to be expunged. If the court finds that the grounds have been established, and that the person is entitled to expungement, the court may order expungement.
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.
