EXPUNGING DIVERSION PROGRAM RECORDS IN LOUISIANA

Don’t Let Past Mistakes Ruin Your Future

A criminal record can limit your job opportunities, make finding a place to live more difficult, and even take away your Second Amendment right to own a gun. More than anything, living with a criminal record just isn’t fair once you’ve paid your debt to society.

When charged with a crime in the State of Louisiana, a criminal record is created and then maintained by the Louisiana State Police’s Bureau of Criminal Identification and Information. Any person with an internet connection can potentially see your record, and subsequently discriminate you because of it.

In Louisiana, if the court determines it to be in the “best interest of the public,” you may receive a deferred sentencing, which, in essence, suspends the sentence and allows the case to be thrown out if certain conditions are met during a set period of time (CCRP 893). After the completion of this process, you can often even expunge the related records.

Our law firm has helped thousands of clients deal with criminal records of every kind, and we hear success stories from them often. If a criminal record in Louisiana is holding you back in life, keep reading to see what you can do about it.

This Information is for You

Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.

To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.

You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our Secure Eligibility Test and then schedule an appointment to discuss your results and options.

Do You Qualify to Expunge Your Diversion Program Record?

The basic requirements for Louisiana residents to be eligible to expunge records of involvement in a diversion program or deferred sentencing are relatively straightforward.

According to Articles 977 and 978 of the Louisiana Code of Criminal Procedure – which outline requirements for expunging records of a misdemeanor or felony conviction, respectively – one may file a motion to expunge their record if the conviction was set aside and dismissed after completion of a deferred sentencing. Articles 893 and 894 of Louisiana’s CCRP detail when felony and misdemeanor cases may result in deferred sentencing as well.

The basic requirements include:

• Have had the felony or misdemeanor conviction set aside and dismissed under Article 893(E) or Article 894(B)
• Have successfully completed the terms of your diversion, deferred adjudication, or other alternative sentencing
• If given pretrial diversion for Driving Under the Influence, five years must have also passed since the date of your arrest

Legal Effects of Expunging Your Diversion Program Record

The two biggest issues our law firm’s clients encounter relate to obtaining employment and restoring firearm rights, so we’re going to discuss each.

• How will expunging my diversion program record help me get a job?

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  Expunging records of involvement in a diversion program is one of the best ways to improve your chances of getting a job when you have a criminal record. While records of involvement in those programs typically aren’t as much of a barrier to employment as conviction records, it’s certainly preferable when your record is expunged.

  If your court order is granted, your expunged records will not be available to the public and will not appear in background checks for jobs, unless you’re seeking a job in law enforcement. Various criminal justice agencies may access expunged records, but they’re rarely permitted to share them or comment on their existence.

  Once you receive a court order expunging your record, you may legally state that you have not been convicted of that crime and act as though it never occurred.

• Will expunging my diversion program record restore my Second Amendment rights?

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  Generally, if your diversion program is successfully completed, then the charges on your case should have been dismissed. Therefore, if you have not been convicted for the crime, your Second Amendment rights should not have been lost in the first place. Basically, xpunging a diversion program record should have no effect on restoring your Second Amendment rights if your case was dismissed upon successful completion of your sentence.

  Not everybody with a Louisiana record can restore their constitutional right to own or possess firearms, as Louisiana’s laws make it extremely difficult to restore firearm rights, and they only do so in very limited circumstances. It should be noted that you can almost never restore firearm rights based on federal convictions.

Some of the potential benefits of expunging your diversion program in Louisiana include:

• Sealing the record from public view to help you get a better job
• Becoming eligible for professional licenses you previously did not qualify for
• No longer being treated as a criminal
• Increased eligibility for student loans, housing assistance, and government programs
• Improving your ability to obtain higher-paying job opportunities
• Improving access and admission to college and other educational resources

Each of Louisiana’s methods for dealing with your criminal record have different requirements and are meant for different circumstances. To move forward, it’s important to determine which Louisiana criminal record services are available to you, and then select the services that will provide the greatest benefit. Eastman Meyler, PC is here to help you navigate this very specific area of Louisiana criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of a Louisiana criminal record.