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RobertJDFL, Attorney
Category: Traffic Law
Satisfied Customers: 13633
Experience:  Experience in numerous areas of the law.
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I was arrested on dui in Louisiana, but was only charged

Customer Question

ma'am I was arrested on dui in Louisiana, but was only charged with wreckless driving. Can that be expunged. And if so how much is this process
JA: Have you talked to a lawyer yet?
Customer: I have not talked to the lawyer that defended me, he's no longer in the state.
JA: Anything else you think the lawyer should know?
Customer: Nope
Submitted: 11 months ago.
Category: Traffic Law
Expert:  RobertJDFL replied 11 months ago.

Thank you for using Just Answer. I look forward to helping you.

It depends on how the case was resolved. Under state law, a misdemeanor arrest record generally can be expunged if there was no conviction and either (1) the time limit for beginning prosecution of the offense has run out, or (2) a prosecution was begun, but the case was ended by dismissal, acquittal or motion to quash. If you were convicted, it is different.

In Louisiana, adult arrest and conviction records for an arrest that resulted in a conviction usually can not be expunged. A "conviction" exists if you pled guilty or were found guilty. A "no contest" plea is a "conviction." There are a few limited exceptions. You may be able to get a conviction expunged if you were specifically placed on probation under Article 893 or 894 of the Louisiana Code of Criminal Procedure, successfully satisfied your probation and had the sentence vacated.

Assuming you are eligible, the filing fee is around $350-$500, depending on the parish (the court should be able to tell you). While it is not required that you have a lawyer represent you, if you did so, while lawyer fees vary, figure paying between approximately $800-$2000, including filing fees, for a lawyer's help.

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Expert:  RobertJDFL replied 11 months ago.

Was there some additional information or clarification I could provide? If so, please reply, as I'm happy to assist further!

If not, please kindly remember at this time to click on the stars to leave me a positive rating, as that is the only way experts are paid on this site. Thank you!