If you’ve ever been convicted of a DWI or DUI in the state of Louisiana, or anywhere else for that matter, then you will probably be glad to learn that you are able to have these records removed under certain conditions!
Louisiana State law R.S. 44:9(A)(2) states that a DUI can be expunged under the provisions of Louisiana Code of Criminal Procedure Articles 893 & 894, but only if it is not the first or second violation or the offender is underage; however, the Louisiana Supreme Court has held that the first and second violation exception to be an unconstitutional denial of equal protection.
Having a DUI on your criminal record expunged is something you will definitely want to pursue as soon as possible, but it is not guaranteed that you will be successful in this motion unless you meet criteria and follow all of the steps. This is why you will want to seek the advice of an experienced criminal defense attorney to help you understand the process as you seek to repair your records.
First, the individual must have completed all conditions of sentencing, whether it be probation, incarceration, and/or fines and suspension. The individual may then petition the court to have the conviction set aside from future criminal case considerations or expunged entirely.
Next, the District Attorney must agree with the motion set forth by the individual and choose to expunge the offender’s record based on the information available. This step should be done before re-entering court to determine the outcome as the DA may be willing to expunge the record at this point in time with the help of an experienced attorney.
Finally, once the individual successfully moves the court to set aside the conviction under Article 894, the court will obtain certified copies of all the defendant’s personal information to accommodate the request, which also carries a fee for processing. If all of these documents are cleared with the Department of Public Safety and Corrections, the court may then set aside or expunge a conviction for driving under the influence.
The expungement process may only be used once during a 10-year period with respect to the crime of driving while intoxicated, as this is the length of time these offenses will stay public on an individual’s criminal record. An additional period may also be assessed to require the defendant to remain “clean” of any further criminal convictions during a probationary period to further clarify the individual’s capacity to operate within the law once again.
When dealing with serious legal matters which can affect your livelihood and limit your potential, it is best to seek expert advice from a criminal defense attorney in Shreveport / Bossier City. Attorney Joseph Greenwald is prepared to help you understand your personal situation and find the best resolution, call our offices today for a free legal consultation.