How long does it take to get a DWI off your record in Louisiana?
If you live in Louisiana and you have been convicted of a DWI offense, then you would no doubt be aware of the various consequences which would result. One of them would doubt be the effect which it would have on your employment opportunities. Most companies would be unwilling to take persons who are currently facing trouble with DWI. They make sure that none of their employees is ever in this boat by making sure they run background checks on them. Other issues which you might also likely face would include educational troubles. In other words, most colleges frown at taking students who have been shown to have several or even on DWI convictions in the past.
So the conviction that is stamped on your records could surely be a pain. Fortunately for you, there is a way to get this record off your books. This is known as an expungement. You might be wondering how this works and how it would take before it can be of your books for good. Here is everything that you should know.
How can your DWI be removed?
If you have had your DWI record on your file for so long and it has been causing you enough problems, you can ask for it to be expunged from your record. This is in accordance with the articles 893 and 894 of the criminal procedure that governs the state of Louisiana. This means that before any record in Louisiana can be removed, the processes must be followed.
In order to make sure that you get it properly and get it expunged, you would need to get yourself a good DWI lawyer. If you are searching for DWI lawyers in Baton Rouge, then Carl Barkemeyer, Criminal Defense Attorneys would be happy to hell you. Regardless of the parish which you find yourself in Louisiana, you can be sure that we would provide all the assistance which we can give.
When can you have your DWI record expunged?
While it is possible to get your DWI record expunged, there are restrictions which are places around the entire process. For you to be able to expunge your record, it would have to be at least 10 years since the arrest. After your expungement has taken place, the records would be kept for the next ten years. However, this record would remain classified. It would only be called into account when it is tuned during a litigation process. However, no employer would have the ability to dig it out when checking for your background.
Expungement Procedure for DWI
To get your record all sparkling clean, there are certain procedures which you would have to follow. These requirements are in accordance with what is recorded in articles 893 and 4 of the criminal procedure that governs Louisiana. These procedures would hold irrespective of the parish which you might find yourself. Here are some of the steps or procedures which would have to be followed:
Fulfilment of requirements
The first thing which would have to be done is to make sure that you fulfill all the requirement or restrictions that have been put in place during the probation period. When these are done, you would be able to have a petition written to the court requesting that the conviction set aside the conviction that was made and expunge the DWI conviction from your criminal record.
Another thing which you must do is to make sure that the DA is also in agreement that the conviction should be set aside and expunged from your record. This is a very important process of expunging the record and without the DA agreement with the motion, the motion would most likely fail.
Biometrics and other details
According to article 874 of the criminal procedure of Louisiana, when the petition is made, the court would command that the clerk for the court would move to gather the details pertaining to the offender. This would most times include the date of birth of the offender and his or her fingerprints. Other things which would surely be needed would be your social security number and in most cases, you would also be needed to provide your driver’s license. You should also expect to pay at least $50.
Letter from the Department of Safety and Corrections
The next thing which you would have to do is make sure that you have a letter from the Department of Safety and Corrections in Louisiana. This letter must show that all earlier requirements which have been requested have been satisfied and fulfilled in line with the laws of Louisiana.
No other offenses
Before you can be fully seen to be fit for your record to be expunged, you would also have to show that during the period of 10 years, you do not have any other charges that are pending in court especially of a similar encounter. Once you have been able to prove that you are free from all encumbrances, you would be sure to have satisfied the requirements and the court would grant you your wish.
As you can see, the requirements in getting this done are long and hard. This makes getting a DWI lawyer that is good at what they do very important in your quest to get your expungement done. If you are looking for DWI attorneys in Baton Rouge, then Carl Barkemeyer would be happy to help you with all your troubles.
We make it our aim to see to it that your record is clean from all traces of DWI charges.
You can also help yourself in the long run. If you face any issues that are related to DWI charges, you should take steps to make sure you get a DWI lawyer as soon as you can. This would ensure that you have the best possible defense if the issue comes to litigation.