When you think about it, expungements for misdemeanors and non-violent, low-level offense just make sense.
ALEXANDRIA, LA, November 04, 2016 /24-7PressRelease/ -- Leading Central Louisiana lawyer Chris Roy understands there are many situations where it's simply unfair that someone who has been convicted of a crime is prevented by that fact from getting on with their life. Having a criminal record can make it impossible to get an apartment, a job, a loan, and more.
"Our justice system claims that one of the reasons punishment is given for a crime is rehabilitation," remarked Roy. "Once someone has paid their debt to society through imprisonment, fines, or community service, they deserve to be able to wipe the slate clean. Why are we throwing barriers in the way of those with criminal records who are trying to integrate themselves as contributing members of society?"
That's where expungement comes in. "Certain criminal records can be sealed by filing for expungement," Roy explained. "This process makes the record confidential. It is as if the offense never happened, and you no longer have to admit to the charge when asked if you have a criminal past. Generally, courts are receptive to granting a petition for expungement, especially if the person hasn't had any subsequent run-ins with law enforcement."
Under Louisiana law, all misdemeanor convictions and certain felony convictions are eligible for expungement. Among the convictions that cannot be expunged are those that involve domestic violence or sexual acts. There are some time limitations. For example, no more than one misdemeanor offense can be expunged during a five-year period, and DUI convictions can be expunged only once every 10 years. Expungements are typically granted if:
- The person has no cases pending against them.
- The person has not been convicted of any other offenses during the time between the conviction that they want to expunge and the petition for expungement.
- The minimum period of time between the conviction and the petition has passed.
- All parts of the sentence have been satisfactorily met, such as probation is complete, community service is complete, and all fines have been paid.
- The petition is properly filed with all necessary supporting documentation.
"When you think about it," Roy commented, "expungements for misdemeanors and non-violent, low-level offense just make sense. We all make mistakes. Imagine being a 20-year old with a shoplifting conviction. That one mistake can ruin your whole life, creating an impenetrable barrier. It can harm your reputation and be the reason you are denied a car loan, an apartment, a job, admission to an educational institution, and even some professional licenses. That's a real-world example of the punishment's collateral consequences not fitting the crime."
About the Chris J. Roy, Jr. Law Firm
Chris Roy Jr, founder of the Chris J. Roy, Jr. Law Firm, has spent almost three decades protecting the interests of injury and accident victims as well as those who seek a fresh start through expungement. An experienced litigator, he takes pride in helping people in Alexandria, Pineville, Rapides Parish, Grant Parish, Avoyelles Parish, Allen Parish, Vernon Parish, and throughout Central Louisiana. For more information or to get help with a potential claim, call 1-318-487-9537 today.
# # #