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would article 893 expungement.protect a person from a felony

 
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  • Answered by:Daniel Solutions
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would article 893 expungement.protect a person from a felony charge showing up on there military back ground check ?

Submitted: 285 days and 8 hours ago.
Category: Military Law
Value: $25
Status: CLOSED

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Expert:  Daniel Solutions replied 285 days and 8 hours ago.

Hello,
Thank you for allowing us to assist you with this problem.

In Louisiana uner an 893 expungment, it is not the same an expungment after acquital of a trial. The court may not order the destruction of records. It may order only the removal of records from public access. See State v. Expunged Records Number 249,044, 2002-589 (La. App. 3 Cir., 12/11/02) 833 So.2d 553.

An expunged record is confidential, but remains available for use by law enforcement agencies, criminal justice agencies, the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, or the Louisiana State Board of Examiners of Psychologists.

This means the military would have access to the felony charge as part of the background check.

I realize this may not be the answer you had hope to hear but it is legally correct so I ask that you consider providing a Positive feedback to me base upon the fact the answer was correctly provided, and not based upon the fact that the actual information may be view as negative to you.

Have a good day,
Dan

Expert TypeLawyer
Category: Military Law
Pos. Feedback: 97.0 %
Accepts: 558
Answered: 7/2/2012

Experience: Lawyer for over 20 year and former JAG

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Expert:  Daniel Solutions replied 281 days ago.

Hi,


I'm just following up with you to see how everything is going. Did my answer help?

Let me know if there is anything else I can help answer for you.


Let me know,
Dan

 
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