On my blog, I discussed the ways an expungement could benefit you. In a previous FAQ, I addressed under what circumstances your misdemeanor conviction could be expunged. Today, we are going to look at whether your felony conviction can be removed from your record.
1. Your felony arrest is eligible to be removed from your record if the District Attorney has:
- Refused all charges against you or
- dismissed the prosecution of your case.
2. Your felony conviction is eligible to be expunged if:
- Your plea was pursuant to Louisiana Code of Criminal Procedure Article 893(E) and you have completed your sentence.
- Even if you did not plea under Article 893(E), you were convicted of a non-capital, non-violent felony and 10 years have passed since the completition of your sentence.
3. You may also have your felony conviction expunged if you pled guilty to certain drug crimes such as:
- Possession of a Controlled Dangerous Substance
- Possession with Intent to Distribute
4. Your felony conviction may be eligible to be expunged, if you meet the above conditions and it has been:
- 15 years since your last expungement.
5. You are not eligible for a felony expungement if:
- You served time in jail as part of your sentence
- You pled guilty to a crime of violence pursuant to Louisiana R.S. 14:2
- You pled guilty to a drug crime punishable by a minimum sentence of years in incaceration.
- You pled guilty to a sex crime that is not a crime of violence.
- You pled guilty to felony domestic violence battery.
- You were found guilty at a trial on the merits of your matter.
As you can see having your felony conviction removed from your record is a difficult process. It is best to consult with an experienced criminal defense lawyer familiar with the expungement statutes to see if you are eligible and to guide you through the court system and the eventual removal of the conviction from your record. I answer questions from people every day. Please do not hesitate to call me at 504-304-2335, if you have questions on how the expungement process works.