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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23530
Experience:  Active member of the NYS bar since 1989
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WE need a spongment on my son xxxxxxxxxx JN OUACHITA PARISH

Customer Question

WE need a spongment on my son xxxxxxxxxx JN OUACHITA PARISH JN LOUISIANA SOC.xxxxxxxx HOW CAN I GET ONE PLEASE THANK YOU xxxxxxxx
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.
Hello,
My name is ***** ***** I will be assisting you with your question.
Please tell me what your son was charged with, if he was convicted, and whether this was an adult or juvenile offense. Also tell me what the sentence was.
Customer: replied 1 year ago.
My son was 21 he was an adult .
Expert:  Zoey, JD replied 1 year ago.
Unfortunately, Louisiana does not expunge an adult conviction. It will only expunge the record when the case has been dismissed, when the state decides not to prosecute, or if the adult has been acquitted after trial. You can see an overview of the expungement law of your state here:
http://expungement.uslegal.com/expungement-of-criminal-records/louisiana-expungement-law/
You son will need to seek a pardon from the governor. That will not expunge his record, but it will make his offense show as having been pardoned which will be helpful to him. A pardon is proof that the state's highest-ranking public official has forgiven him for his offense.
Pardons are very hard to get, but they are free to apply for and so there's no reason for your son not to try.
http://www.doc.la.gov/rules/
The only other thing you son can do -- and this would be expensive and also a longshot -- would be for him to hire a lawyer and try to get his old case reopened and then dismissed in the interest of justice.
A judge has the power to dismiss or reduce a case under principles of equity even when the law does specifically provide for that. They use these powers very sparingly and generally only to prevent an injustice. You would need to talk to a local criminal trial lawyer to see whether this is a viable possibility for you. The two of you would have to come up with some compelling reason that the court should ignore the statute under which you were convicted.
The DA would weigh in on this, and they would be very likely to object to the petition. So this is not something you should try to do without a lawyer.