Article 893 in Louisiana
You are not your worst mistake.
Unfortunately, if you have a past felony conviction, you can often feel like it defines your life. Depending on your conviction, you might be barred from voting, specific jobs, getting public housing, receiving welfare, or going to college.
We all make mistakes, but it’s scary to think that your worst mistake might follow you for the rest of your life. Fortunately for some offenders, there are options to get your record expunged.
Article 893 in Louisiana creates that opportunity for some. Keep reading to learn more about this law and how it could help you.
What Is Article 893 in Louisiana?
Article 893 allows a felony conviction to be “set aside and dismissed.” You’re required to plead guilty; however, you won’t have to serve jail time. Instead, you are placed under the supervision of parole and probation.
The minimum amount of time you will be under supervision is one year, and the maximum is three years. However, it’s important to note that if the court decides you have failed to complete the terms and conditions of your probation successfully, they can extend it. The extension cannot exceed two years.
The benefit is that if your probation is extended, you have extra time to complete the terms of your probation. Keep in mind that additional terms might be added on, too, and if you continue not to meet the conditions, your probation can get revoked.
When you complete your probationary period, if the court finds it satisfactory, they can set the conviction aside and dismiss the prosecution. This opens the door to allow you to get your record expunged.
Who Qualifies for Article 893?
Article 893 only applies to first-time convictions and cannot be used to suspend the sentence of a second or third conviction. The felony you’re charged with must be a noncapital felony.
In addition, violent felonies do not qualify for Article 893.
What Is Article 894 in Louisiana?
Article 894 ties in with Article 893, so it’s essential to address that here as well. This law applies to DUI/DWI and misdemeanor convictions.
It gives the same benefits as Article 893. The difference, of course, is that it does not apply to felonies.
There are some key differences, though. For example, Article 894 can be used every five years for regular misdemeanors. In contrast, Article 893 can only get used one time.
Enjoy the Benefits of Expungement
A felony conviction can follow you for the rest of your life. Even if you do take advantage of Article 893, you will still need to get your record expunged after your conviction is set aside.
However, it is easier to do so when the prosecution gets dismissed. The benefits of Article 893 extend into your future to allow you to live a full life. There are many benefits to getting your record expunged; we’ll list a few big ones.
A felony record limits your job opportunities and earning potential. It’s rare to find good jobs that don’t require a background check.
When you get your record expunged, you do not have to disclose past crimes on your job applications. You can make a brighter future for yourself with the right opportunities by taking advantage of Article 893 and the potential for expungement.
When you have an expunged conviction, you don’t have to worry that your criminal record will limit your housing opportunities. When you apply for housing, landlords often run a background check. During this time, they can see that you have a past felony.
When they do, they can choose a different applicant simply because they don’t have a criminal history. In addition, if you need subsidized housing, you can’t have a felony record.
Did you know that college applications ask about criminal history? This is especially true of higher education programs.
When you get your record expunged, your admissions won’t be affected by a past felony.
Everyone falls on hard times, and sometimes you may need government assistance. Certain convictions prevent you from taking advantage of SNAP benefits.
Getting your record expunged allows you to continue feeding your family if you fall on hard times.
There’s a certain stigma that comes with a criminal record. Even if you’ve been on the straight and narrow for years, past mistakes can haunt you and people often refuse to believe others can change.
Getting your record expunged not only opens doors but helps you avoid the stigma that comes with having a record.
Hire a Lawyer to Take Advantage of Article 893
Article 893 is great for first-time offenders; however, it can feel complicated if you don’t have any legal training. It’s important to hire a lawyer to help you take advantage of this opportunity.
Your lawyer understands what needs to be done and that the court needs to be motioned at sentencing. If you miss this step, it will make it difficult if not impossible to file for an expungement later on.
Talk to your lawyer about Article 893 and if it applies to your case. In addition, make sure to ask about the process for expungement after successfully completing your probation. Allow your attorney to navigate the legal aspect so that your worst mistake doesn’t have to define the rest of your life.
Find a Lawyer to Guide Your Path
One mistake shouldn’t define the rest of your life. Article 893 in Louisiana can help ensure that it doesn’t. It allows you to complete probation and have your conviction set aside.
It also opens the door to allow you to have your record expunged.
Are you in need of a lawyer to help with your criminal defense case? Are you interested in Article 893? Contact us today to find out how we can help.