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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.

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"I hired Dylan in 2011 to represent me after I was falsely arrested for domestic battery. Dylan was able to prove to the prosecuting attorney that I was not the aggressor in the case. He did a phenomenal job representing me and was extremely professional in his communication and knowledge of the Louisiana legal system. Thank you so much for helping me.” Richard M.
"He is the most professional and caring attorney. He was there for us in every aspect. He answered any questions or concerns and was very upfront and honest. We live out of state and he made it so we could bring our daughter home and not have to make trips back to Louisiana for every court appearance. He was great during a really hard time in our lives and he was there for us every step of the way. Dylan is the BEST ATTORNEY EVER!" Lisa B.
"DiGiulio Utley Criminal Defense Attorneys came to my aid in a great time of need. I live out of state and they were able work with the court to prevent many trips back and fourth during the proceedings. They are professional, up front, factual and well connected within the NOLA legal system. You can trust you are in good hands with the advise they render. I will use them again during the expungement process. This team will go the extra mile to make sure your taken care of. We could not have felt more comfortable in a situation of unrest than we did with them." Jordan L.