Fresh Start is a program started by John F. DeRosier, Calcasieu Parish District Attorney, that can help you get of professionals and at a reduced cost.
What kinds of crimes can be expunged?
All arrest records, where there is no conviction, IF one of the following applies to you:
Time expired for prosecution
Not prosecuted for any offense arising out of this charge
Pre-trial Diversion Program completed
DWI Pre-Trial Diversion Program and 5 years has elapsed since the date of arrest
Charge has been dismissed
Found not guilty/judgment of acquittal
Most misdemeanor arrests and convictions (except stalking, domestic violence battery or a misdemeanor conviction that arose from a sex offense)
Non-violent felony arrests and convictions, IF
Conviction was set aside/dismissed pursuant to C.Cr.P. article 893(E) OR
More than 10 years have passed since completion of sentence.
What other kinds of requirements will be needed for an expungement?
No prior convictions in the allotted time periods
Cannot have any pending felony charges
Cannot be charged with a crime under a bill of information or indictment.
Arrest was for an offense in Calcasieu Parish
Conviction was for an offense that was committed in Calcasieu Parish
All restitution, fees, fines and costs pursuant to your plea are paid.
If you are in jail, you cannot file a motion to expunge.
What kinds of convictions cannot be expunged?
Designated crimes of violence, in R.S. 14:2(B)
The following shall be designated as crimes of violence:
Solicitation for murder
First degree murder
Second degree murder
Second degree battery
Mingling harmful substance
Aggravated or first degree rape
Forcible or second degree rape
Simple or third degree rape
Second degree sexual battery
Intentional exposure to AIDS virus
Second degree kidnapping
Aggravated criminal damage to property
1st degree robbery
Assault by drive-by shooting
Aggravated crime against nature
Illegal use of weapons or dangerous instrumentalities
Aggravated assault upon a peace officer
Aggravated second degree battery
Aggravated assault with a firearm
Armed robbery; use of a firearm; additional penalty
Disarming of a peace officer
Second degree robbery
Battery of a police officer
Aggravated flight from an officer
Second degree cruelty to juveniles
Trafficking of children for sexual purposes
Vehicular homicide when blood alcohol exceeds .20
Crimes where the victim is a minor
Major drug offenses
Domestic Abuse Battery
Are there exceptions to having a crime of violence expunged?
Yes. AFTER a contradictory hearing, the court may order the expungement of the arrest and conviction of aggravated battery, second degree battery, aggravated criminal damage to property,
simple robbery, purse snatching, or illegal use of weapons or dangerous instrumentalities IF you can prove:
10 years after completion of any sentence
No convictions of any crime during the 10 year period
No criminal charge pending
Employed for 10 consecutive years
Requires a certification from the DA which verifies that, to his knowledge, the applicant has no convictions during the 10 year period and no pending charges under a bill of information or
What drug offenses can be expunged?
Possession of a controlled dangerous substance
Possession of a controlled dangerous substance with the intent to distribute – by the passage of time only which is 10 years from the date you completed your sentence (also, no 893’s).
Drug offense punishable by a term of not more than 5 years
Drug offenses which may be expunged pursuant to C.Cr.P. art. 893(E) (1st offense - deferred imposition of a drug crime that carries less than 5 years in jail)
What kind of paperwork will I need?
If you pled guilty under C.Cr.P. article 893 or 894, you will need the minutes from the Clerk of Court's office showing that you pled under those code articles. If you
did, you will first need to obtain an acquittal or a dismissal. We can show you how to apply for this.
If you completed a pre-trial diversion program, you will need a letter from the District Attorney's office showing completion of the program.
If you are asking for an expungement due to the passage of time, you will need a letter from the District Attorney's office certifying that to his knowledge you have had no
felony convictions during the 5/10/2015 year period and you have no pending felony charges under a bill of information or indictment.
Other forms of proof needed, if applicable:
Criminal background check from the LSP or sheriff within the past 30 days (required for all)
Bill(s) of Information (if any).
Minute entry showing final disposition of case (if any).
Certification letter from the District Attorney for fee waiver (if eligible).
Certification letter from the District Attorney verifying that you have no convictions or pending applicable criminal charge in the requisite time periods
Certification letter from the District Attorney verifying that the charges were refused.
Certification letter from the District Attorney verifying that you did not participate in a pretrial diversion program.
A copy of the order waiving the sex offender registration and notification requirements.
Documentation verifying that you have been employed for 10 consecutive years.
A copy of the court order showing factual innocence and order of compensation.
How many times can I get a criminal charge expunged?
Arrests - No limit
Misdemeanors - One per 5 years, unless 894 or DWI
Misdemeanor DWI's - One per 10 years; for the 2nd expungement, certain conditions must be met
894 Misdemeanors - One per life
Felonies - One per 10 years, then one per 15 years, without 893
893 Felonies - One per life
What else is needed for a DWI conviction?
Clerk ordered to send to DMV:
a certified copy of the record of the plea
fingerprints of the defendant and
proof the requirements in C.Cr.P. art. 556.1 are followed, which include:
waiver of Constitutional rights
defendant's date of birth
social security number
drivers license number
Requires an additional $50 fee to the DPSC-DMV
How much will this cost?
You may be entitled to a fee waiver. If you have NO felony convictions, and NO pending felony charges under a bill of information or indictment, AND one of the following circumstances applies
to you, you can file for an expungement at NO cost to you:
You were acquitted of all charges from an arrest and any lesser offenses from that arrest.
You were not prosecuted within the time limits and you did not. participate in pre-trial diversion.
The District Attorney dismissed or declined to prosecute and you did not participate in pre-trial diversion.
You were determined to be factually innocent and entitled to compensation.
You were a juvenile and successfully finished a juvenile drug court
Normally the following fees are required:
Louisiana State Police Right of Review ........ $28.00