Louisiana Expungement Law Gets Major Overhaul

If you are new to Louisiana expungement law then you may not recognize that in 2014 the expungement statute was dramatically changed. First, La. Revised Statute 44:9 was removed from the Louisiana Revised Statutes and moved to the Louisiana Code of Criminal Procedure. See La. Code of Criminal Procedure Articles 971 through 996. While the new articles provide the multitude of uniform forms required to be filed, the forms are lengthy to the newcomer. As such, for best results, persons should contact an experienced criminal defense attorney to file the expungement – despite the legislative intent to make the process easier to self-file.

Also related to the motion for expungement is the motion to set aside a conviction and dismiss prosecution which must be filed prior to most expungements where there is a conviction (with some exceptions). The motion to set aside pursuant to Article 894 (misdemeanors) and Article 893 (felonies) have remain largely unchanged. Look for possible changes in these articles in the future so that they become more in line with Articles 971, et. seq. Also, look for minor tweaks in the expungement articles over the next few legislative sessions. Find the articles on the Louisiana Legislature’s website: http://www.legis.la.gov/Legis/Law.aspx?d=919662

Navigating Louisiana Revised Statute 44:9 and Articles 893 and 894

    The Louisiana laws on expungements are complicated and are revised and amended by the legislature on a yearly basis. The 2012 legislative session was no exception with five Acts enacted impacting La. R.S. 44:9. Navigating the myriad of complexities can be a daunting task for the unawares. The long and ever expanding LouisianaContinue Reading

New Louisiana Laws Go Into Effect: 2 High Profile Criminal Trials Provide Impetus

The 2012 legislative session was an active session with some 900 new laws signed by the Governor. Most notable, are the new criminal statutes including a new statute that prohibits sex offenders from frequenting public libraries during times when children are around; another new law is aimed at curbing food stamp fraud with fines ranging fromContinue Reading

Arrested while visiting New Orleans for the Sugar Bowl or New Year’s Eve?

Oftentimes, visitors to New Orleans find themselves in situations that they would have never in their wildest dreams imagined: they have been arrested by the New Orleans Police Department. The New Orleans Police Department has deployed 500 additional police officers to the streets of the French Quarter this New Year’s Eve and specifically arresting thoseContinue Reading