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JD
JD, Criminal Justice Lawyer
Category: Criminal Law
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Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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With an automatic first offender pardon, is an expungement

Resolved Question:

With an automatic first offender pardon, is an expungement necessary? He would like to be able to check no on an application when asked if ever arrested, or convicted of a felony. My nephew would also like to pass a background check without this information coming up. This is in Louisiana for public bribery.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JD replied 5 years ago.

The automatic pardon and expungement are different things. The Louisiana automatic pardon only applies to restoring certain rights but it does not erase the conviction or the arrest. An expungement does erase the arrest and conviction but can only be granted in very limited circumstances.

 

There is a fairly good description of all of this here...

 

http://www.lawhelp.org/LA/showdocument.cfm/County/%20/City/ %20/demoMode/%3D%201/Language/1/State/LA/TextOnly/N/ZipCode/%20/LoggedIn/0/rpc/1290200/doctype/faq/ichannelprofileid/5509/iorganizationid/585/itopicID/628/iProblemCodeID/1290200/iChannelID/140/isubtopicid/1/iproblemcodeid/1290200/iquestionid/751

 

Please review and let me know if I can help you further.

 

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JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience: Over 11 years of practice in litigation including 10 years as a state prosecutor
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