What Charges Cannot be Expunged in Louisiana?
As a rule of thumb, any crime that is categorized as violent cannot be expunged. This also includes attempted crimes that are considered violent. Another rule of thumb is that any sex offense that involves a child under the age of seventeen cannot be expunged. Lastly, any violation of the controlled substances law cannot be expunged. We will go into further detail, keep reading to learn what charges cannot be expunged in the state of Louisiana.
The offense that cannot be expunged includes the following:
- Any type of child trafficking for sexual purposes.
- Any aggravated sexual crime.
- Solicitation crimes.
- Any type of indecent behavior with a juvenile.
- Molestation of a minor who has special needs.
- Any use of a computer to solicit a minor.
- Any prohibited contact between a student and educator.
- Any type of prostitution with a minor or without.
- Obscenity of those who are under the age of 17.
- Any type of rape, with or without aggravation.
- Exposing someone to HIV without their knowledge.
- The second conviction of sexual abuse to an animal.
There are quite a few charges that cannot be dropped in the state of Louisiana. This includes any violent crime that is charged by the state. This includes the sex crimes listed above. We are going to list the crimes that cannot be expunged here.
- Anything that has to do with murder. These charges include first, second, third, and solicitation for murder.
- Any type of rape. This includes forcible or aggravated rape.
- Any type of sexual battery, including second degree sexual battery.
- Someone who exposes another to AIDS without them knowing.
- Any type of kidnapping or aggravated kidnapping.
- Robbery that is armed.
- Drive by shootings cannot be expunged from a record.
- Any type of carjacking and terrorism will not be able to be expunged.
- Battery or aggravated assault is prohibited and cannot be expunged.
- Armed robbery with the use of a weapon will have an additional charge.
- Disarming a police officer is something that will remain on your record forever.
- Cruelty to a juvenile.
- Any aggravated crimes.
- Trafficking children for a sexual purpose and human trafficking will be a charge that cannot be expunged.
- Lastly, we must put home invasion on this list. This is something that will remain on your record forever.
How to Get a Charge Expunged In Louisiana
Just because you qualify for expungement, does not mean that the process is going to be simple. You must qualify for expungement. Here are the rules for qualifying.
- You do not have any other convictions on your record. Speeding or traffic tickets are okay.
- There are no pending charges against your person.
- You have paid off all the fines and restitution ordered for the case.
- You have waited the right amount of time after completing the sentence.
- You must be off probation before you can apply for expungement.
You must wait at least seven years from the date of your conviction. This will ensure that you have completed the time and paperwork required to apply for expungement. For example, if you have a misdemeanor conviction, you will have to wait five years before you can apply for expungement. If you have a DUI conviction, one can be expunged every ten years. Misdemeanor convictions can be one every fifteen years. Felony convictions must wait ten years. You can only expunge one felony conviction every fifteen years.
Applying For Expungement
There are six simple steps to apply for an expungement on your record.
- Make sure you get the proper forms. You can get these from your local Clerk of Courts. You can also get them online. However, going in will ensure that you are filling out the proper forms.
- Make sure that you are getting all documents needed to go with your application. Some courts will require all the documents used in court.
- File the petition to expunge your case. This will require you to obtain a criminal record from your state within the last thirty days before filing your expungement petition.
- Make sure you pay the fee. The fee is $550. This will cover most of the costs. However, when all is said and done, you can expect to pay about $700.
Wrapping Up: What Charges Can Not Be Expunged In Louisiana?
If you want help figuring out if you can get a charge expunged, contact Barkemeyer Law Firm. They are a local criminal defense law firm in Louisiana with locations throughout the state. Barkemeyer Law Firm will help you through the process and ensure that you are taken care of properly. Call today and speak to our highly trained professionals.