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Expungements
Expungements are no longer only for the first time offender. Anyone who has a criminal charge that has not been prosecuted or that was dismissed can have their arrest expunged. Expunged means removed from the public record. Law enforcement still has access to the original record for investigative and prosecution purposes but employers and landlords can no longer see it.
Some convictions can also be expunged: many misdemeanors can be expunged after 5 years without a new arrest and some felonies after 10 years without a new arrest. Misdemeanor DWI's require a 10 year arrest free waiting period for expungement. Violent crimes, sex crimes, and drug distribution crimes may not be expunged.
To start the expungement process go to the Clerk of Court for the parish where your arrest occurred. The Clerk should be able to provide you with the necessary forms. You may be eligible for a waiver of filing fees if your charges were never prosecuted or were dismissed without the involvement of a diversion program. If you are subject to fees, in East Baton Rouge Parish, you will need to provide money orders totaling $550 for non-DWI crimes and $600 for DWI expungements.
You will also need to submit with your paperwork and money at the time of filing an original criminal history (rap) sheet obtained from the State Police within the 60 days prior to the filing of your expungement request.
The East Baton Rouge District Attorney partners with the Baton Rouge Public Defender, the City Court Prosecutor and the Clerks of both the 19th JDC and the Baton Rouge City Court to host a free BREES expungement clinic on the first Saturday of every month.
The Clerk of Court for the 19th Judicial District Court has information concerning the exungement process on their website at:
http://www.ebrclerkofcourt.org/Departments/Criminal-Records
Or you may call the Clerk of Court at:
Clerk of Court Criminal Records
19th Judicial District Courthouse
300 North Boulevard, Suite 2501(on the second floor)
Baton Rouge, LA 70801
Tel. (225) 389-3964
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