Expungements in Louisiana
Criminal convictions, and arrests that do not result in conviction, have many collateral consequences and few things create barriers to obtaining a good job like a criminal record.A record of arrest or conviction that is expunged in Louisiana is not destroyed. It becomes confidential, but remains available for use by law enforcement agencies, criminal justice agencies, and other statutorily defined agencies.In 2014, the Louisiana Legislature recognized that “the inability to obtain an expungement can prevent certain individuals from obtaining gainful employment.” Louisiana. Code of Criminal Procedure Article 971(4). As a result, the Legislature enacted a series of revised and consolidated expungement statutes under Title XXXIV of the Criminal Code allowing for expungement of a broad range of both misdemeanors and felonies under certain circumstances.The Legislature’s stated intent is to “provide opportunities to break the cycle of criminal recidivism, increase public safety, and assist the growing population of criminal offenders reentering the community to establish a self-sustaining life through opportunities in employment.” Louisiana Code of Criminal Procedure Article 971(6).Records that may be expunged:Records of an arrest that did not result in a conviction:A person may file a motion to expunge a record of his arrest for a felony or misdemeanor offense that did not result in a conviction if any of the following apply:(1) The person was not prosecuted for the offense for which he was arrested, and the limitations on the institution of prosecution have barred the prosecution for that offense.(2) The district attorney for any reason declined to prosecute any offense arising out of that arrest.(3) Prosecution was instituted and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.Louisiana Code of Criminal Procedure Article 976A.Records of an arrest and conviction of a misdemeanor offense:A person may file a motion to expunge his record of arrest and conviction of a misdemeanor offense if either of the following apply:(1) The conviction was set aside and the prosecution was dismissed pursuant to Article 894(B) of this Code.(2) More than 5 years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole, and the person has not been convicted of any felony offense during the 5-year period, and has no felony charge pending against him.Louisiana Code of Criminal Procedure Article 977A.Records of an arrest and conviction of a felony offense:A person may file a motion to expunge his record of arrest and conviction of a felony offense if either of the following apply:(1) The conviction was set aside and the prosecution was dismissed pursuant to Article 893(E) of this Code.(2) More than 10 years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the felony conviction, and the person has not been convicted of any other criminal offense during the 10-year period, and has no criminal charge pending against him.Louisiana Code of Criminal Procedure Article 978A.Any person who was convicted of carnal knowledge of a juvenile (R.S. 14:80) prior to August 15, 2001, is eligible for an expungement pursuant to the provisions of this Title if the offense for which the offender was convicted would be defined as misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1) had the offender been convicted on or after August 15, 2001.Louisiana Code of Criminal Procedure Article 978B(2)(b).Records of an arrest for a felony when conviction is for a misdemeanor:A person may file an interim motion to expunge a felony arrest from his criminal history when that original arrest results in a conviction for a misdemeanor. In such cases, only the felony arrest may be...
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The VisionTo be the Premier Law Firm in our community for defending the lives, liberty and property of the people that seek our help.The MissionAlways work to make a positive difference in out Client’s lives.The TacticsEngage with, listen to, and believe in our clients. Understand their needs and goals. Fight inside and outside the courtroom to obtain the best outcome for our...
read moreGun Rights in Louisiana
In 2012, the citizens of the State of Louisiana amended the state constitution to provide emphatically that the right to bear arms is fundamental “and shall not be infringed,” and further subjected any restrictions placed on this right to strict scrutiny.In 2014, the Legislature passed Act 195, which enacted La. R.S. 14:95.10 and 46:2136.3. Each of these statutes limited the rights of individuals to possess guns in particular circumstances. La. R.S. 14:95.10 restricted those convicted of Domestic Abuse Battery (La. R.S. 14:35.3) from possessing a firearm or carrying a concealed weapon. Firearm is defined in the statute as “any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.” “Weapon,” strangely, is not defined in the statute. La. R.S. 46:2136.3 involves the possession of weapons by individuals against whom protective orders have been issued.The statute makes possession or carrying of such a firearm a felony punishable by a minimum sentence of one year and up to five years (potentially at hard labor) and a fine of not less than $500 nor more than $1,000; and criminalizes the possession of a firearm for ten years from the date of completion of sentence, probation, parole, or suspension of sentence for the underlying offense.In July of this year, the legislature passed Act 440, which extended the reach of the Domestic Abuse Battery statute to criminalize the intentional use of force or violence committed by one household member or family member upon the person of another household member or family member. (The italicized language was added by Act 440.)A “household member” is defined as “any person of the opposite sex presently or formerly living in the same residence with the offender as a spouse, whether married or not, or any child presently or formerly living in the same residence with the offender, or any child of the offender regardless of where the child resides.” A “family member” “means spouses, former spouses, parents, children, stepparents, stepchildren, foster parents, and foster children.”Important to note, also, is the fact that the legislature removed a former limitation on the statute’s application. Prior to this year, if a defendant had not resided with the complainant within five years, the crime of Domestic Abuse Battery did not apply (a battery could still have been committed, but that’s a blog for another day). Now, there is no limitation on the time since the cohabitation.Thus, despite a state constitutional amendment providing that gun ownership is a fundamental right, the Louisiana legislature has passed legislation in the intervening years broadening the circumstances under which gun ownership can be criminalized or restricted.(It should be noted that the Federal government has had such restrictions in place for many years (see 18 USCA §922(g)(9)).)If you or someone you know is facing charges of Domestic Abuse Battery, seek legal advice immediately so that you don’t place your fundamental rights at...
read moreFirst Annual Halloween Costume Contest!
Share Halloween Zanniness takes over the Office! We are a little unfocused this morning on our way to Court… Everyone lining up for the Big First Annual Halloween Costume Contest Hey! You can’t hide in the Back! Who is that mysterious woman in the Dark Glasses? Does she work for us? What a Crew! that’s enough to scare any...
read moreRemaining Charges Against Former Southwood High School Softball Coach Greg Frazier are Dismissed
Share Press Release after the dismissal of the remaining charges in State v. Greg Frazier Shreveport, Louisiana Tuesday, June 7, 2011 Remaining Charges Against Former Southwood High School Softball Coach Greg Frazier are Dismissed Over a year after a Caddo Parish jury acquitted former Southwood softball Coach Greg Frazier of accusations that he molested several of his former players as well as his ex-wife, remaining charges against Frazier have been dismissed. In March 2010, a Caddo Parish jury voted unanimously to acquit Frazier of allegations that he molested a former softball player. Although Mr. Frazier was charged with multiple counts of molestation, the Caddo Parish District Attorney chose to bring him to trial on only one count. Nevertheless, in an effort to prove its case, the prosecutors presented the testimony of all complaining witnesses. The “not guilty” verdict was rendered after two weeks of testimony. Prosecutors presented six complaining witnesses, in addition to an airport security officer, a private investigator. Three complainants were former softball players who asserted that Frazier had repeated consensual sexual relations with them while they played for the Southwood team he coached. The remaining three made allegations that Frazier touched them inappropriately and made lewd remarks. During four hours of questioning by his attorney, Elton Richey, Frazier acknowledged having sexual relations with three of the women who had played on his teams. His testimony explained that the relationships occurred after the women had graduated and were no longer minors, making the relationships lawful. Frazier further explained that he had married and divorced one of the complainants, his ex-wife Tammy, who played softball at Parkway when Frazier coached there in the late 1980’s. The couple had a contentious divorce and child-custody battle that continued through the time of his arrest. Unsatisfied with the verdict, prosecutors decided to bring Frazier back to court on the remaining two counts. That trial was scheduled to begin Monday June 13th. Prosecutors also asked Caddo Parish District Court Judge John Mosley to exclude significant evidence of Frazier’s innocence from the second trial which Richey had presented to the jury at the first trial. That evidence was, key to Frazier’s acquittal. Judge Mosley refused to grant most of the state’s request, and prosecutor’s appealed to the Louisiana Supreme Court. On Monday Morning the Louisiana Supreme Court refused the Caddo Parish District Attorney’s request to overturn Judge Mosley’s decision. Later that day the remaining charges were dismissed Background: Frazier was originally arrested in March of 2007 after a Southwood student accused him of improperly touching her and lewd comments to here when she was in his office at the Southwood softball building. Frazier denied the accusation. Several softball players, including Frazier’s two daughters, were present at the time. Each testified at trial that nothing had occurred. Frazier explained at trial that a comment, made to the girl as she left the softball building, that “it’s our little secret,” dealt with the girl telling him that a friend was pregnant rather than in reference to any misconduct with the girl. Mr. Frazier was originally charged with four counts of Molestation of Juvenile. After his initial release on $100,000.00 bond, he was re-arrested on another allegation of molestation of a juvenile. Each count involved allegations that Mr. Frazier had abused his position of trust as a Coach and teacher. Two of the counts alleged he had illicit sexual relationship with women when they were his minor students, and three others alleged he had “groped” the students in an illicit, sexual manner. On July 7, 2008, after extensive investigation and pretrial litigation, the Defense was able...
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