X Block Expungement Services

When & How Can I Apply for an Expungement of my record(s)?

WHEN:

Immediately if a prosecuted case was finally disposed of by dismissal, acquittal or motion to quash;

After the time limit for prosecution has run out, if no prosecution took place;

 

The time limits for prosecution depend on the punishment for the particular crime:

No limit: Crimes punishable by death or life imprisonment;

10 years: Certain sex offenses against children (computed from date of victim's 17th birthday);

6 years: Felonies necessarily punishable by imprisonment at hard labor;

4 years: Felonies not necessarily punishable by imprisonment at hard labor;

2 years: Misdemeanors punishable by fine or imprisonment;

6 months: Misdemeanors punishable by fine;

HOW:

Some courts have form motions for expungement and you fill in the blanks. Courts do expungements different ways. Some courts require fees and some do not. There's no uniform state law on costs or how to do it;

For most misdemeanors, file a motion with the court in which the violation was prosecuted or to the district court located in the parish of the arrest if there was no prosecution;

Expungements of felonies (and battery on a police officer or school teacher or aggravated assault) are done by motion to the district court for the parish in which you were arrested. The motion must ask for a hearing with the district attorney and the arresting law enforcement agency. You must serve a motion and order for a hearing on the district attorney and the arresting agency. Consider getting a lawyer since some district attorneys will oppose these expungements.

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