Exspongment

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Exspongment

I am looking for an attorney that would help me get my record exsponged. I was charged with Sexual Battery back in 1994. Do I need an attorney for this and can this be done?

Asked on June 18, 2009 under Criminal Law, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

§ 9. Records of violations of municipal ordinances and of state statutes classified as a misdemeanor or felony
* * *

B.(1) Any person who has been arrested for the violation of a felony offense or who has been arrested for a violation of R.S. 14:34.2, R.S. 14:34.3, or R.S. 14:37 may make a written motion to the district court for the parish in which he was arrested for the expungement of the arrest record if:

(a) The district attorney declines to prosecute, or the prosecution has been instituted, and such proceedings have been finally disposed of by acquittal, dismissal, or sustaining a motion to quash; and

(b) The record of arrest and prosecution for the offense is without substantial probative value as a prior act for any subsequent prosecution.

I don't know if you will qualify or not.  You said that you were arrested, but you didn't mention if you were convicted of the charges or if the charges were dismissed.  Also,  I think that if your were a juvenile at the time of the offense, that matters as well; however, you did not give your age at the time of your arrest.  Additionally, if the sexual assault was against a minor and you were an adult at the time then that cannot expunged.  You may wish to consult with a Louisiana criminal defense lawyer about your options.  Even if an expungement is not available to you there is always the possibility of a pardon.


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