DWI and DUI Expungement in Louisiana
If you have been convicted of a DWI or DUI in New Orleans, Metairie or somewhere else in Louisiana, you probably will want to have your record expunged. The only method available in Louisiana is to have you conviction set aside and expunged under the provisions of Louisiana Code of Criminal Procedure Articles 893 & 894. This process is a must for anyone who has been convicted for DWI or DUI in Orleans Parish, Jefferson Parish or any other parish in Louisiana.
Having your conviction set aside and expunged is not a guarantee. That is why it is important to have one of Bloom Legal’s effective and experienced DUI attorneys on your case who understand the process and can work to get you the result that you require.
It is important to have your DWI or DUI conviction expunged for many reasons. First, if applying for a job, the last thing that you want to put on the application is that you have been convicted for operating a vehicle while intoxicated. Second, it is embarrassing to have a criminal record, especially for DWI or DUI. While it is common to drink and party in New Orleans, Metairie and other areas of Louisiana, you don’t want to appear to your friends, family and co-workers as being someone who is reckless or unreliable. Third, you don’t want a conviction for operating a vehicle while intoxicated to appear on any background checks that may be run on you. While the expungement process is not a perfect science, it is the only method in Louisiana by which you can clear your record.
DWI and DUI Expungement Procedure
The procedure for setting aside and expunging your DWI or DUI conviction in Louisiana – whether it be in New Orleans, Metairie or another city – is governed by the Louisiana Code of Criminal Procedure through Articles 893 and 894. There are additional requirements when the conviction that is sought to be set aside was a DUI or DWI.
First, once the individual has completed the incarceration, probation and/or parole requirements set forth in the sentence resulting from their conviction, they may petition the court to have that conviction set aside and expunged.
Second, the district attorney must concur in the motion to set aside the conviction and expunge the offender’s record. This is an important requirement that must be met before the court, at its discretion, may set aside the conviction and expunge the record.
Third, at the time the defendant moves the court to set aside their conviction for operating a vehicle while intoxicated under Article 894, the court will order the clerk to obtain a certified copy of the original record of the offender’s plea, fingerprints, date of birth, social security number and driver’s license number from the Department of Public Safety and Corrections. This costs an additional $50 dollars which will be assessed against the offender.
Fourth, before a court may set aside and expunge a conviction for operating a vehicle while intoxicated, the court will require a certified letter from the Department of Public Safety and Corrections that shows the requirements of the prior paragraph have been satisfied.
Fifth, when the court finds that the defendant has not been convicted of any other offense during the period of a deferred sentence and has no other criminal charges pending, it may set aside the conviction and dismiss the prosecution, thereby expunging the record.
DWI and DUI Expungement Details
The dismissal of the prosecution and setting aside of the conviction shall have the same effect as an acquittal in all aspects, except that the conviction may be considered a first offense and provide the basis for prosecution as a multiple offender.
The expungement process may only be used once during a 10 year period with respect to the offense of operating a vehicle while intoxicated.
The record will be maintained for 10 years and is kept confidential; however, they may be released to a prosecuting agency, court or the defendant.
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Posted by: Sarah Perrie