Our previous blog on Expungement of DWI/DUI and Criminal Arrests and Convictions can be found here. his blog discusses certain crimes that cannot be expunged. As you may know, to expunge a criminal record means to remove a record of arrest or conviction, photographs, fingerprints, disposition, or any other information of any kind from public access. However, an expunged record is not destroyed.
Generally, a conviction cannot expunged if it is for any crime or an attempted crime that is designated as a crime of violence by the prosecuting attorney or that is defined as a sex offense as defined by R.S. 15:541, involving a child under the age of seventeen years or for a violation of the Uniform Controlled Dangerous Substances Law that is punishable by a term of imprisonment of more than five years or for a violation of R.S. 40:966(A), 967(A), 968(A), 969(A), or 970(A).
The following crimes of violence enumerated in R.S. 14:2(B) shall always be designated by the court in the minutes as a crime of violence and cannot ever be expunged: (1) Solicitation for murder; (2) First degree murder; (3) Second degree murder; (4) Manslaughter; (5) Aggravated or first degree rape; (6) Forcible or second degree rape; (7) Simple or third degree rape; (8) Sexual battery; (9) Second degree sexual battery; (10) Intentional exposure to AIDS virus; (11) Aggravated kidnapping; (12) Second degree kidnapping; (13) Aggravated arson; (14) Armed robbery; (15) Assault by drive-by shooting; (16) Carjacking; (17) Terrorism; (18) Aggravated second degree battery; (19) Aggravated assault with a firearm; (20) Armed robbery; use of firearm; additional penalty; (21) Second degree robbery;(22) Disarming of a peace officer; (23)
Second degree cruelty to juveniles; (24) aggravated crime against nature; (25) Trafficking of children for sexual purposes; (26) Human trafficking; and (27) Home invasion.
Sex offenses that may not be expunged are: trafficking of children for sexual purposes, crime against nature, aggravated crime against nature, crime against nature by solicitation, felony carnal knowledge of a juvenile, indecent behavior with juveniles, pornography involving juveniles, molestation of a juvenile or a person with a physical or mental disability, computer-aided solicitation of a minor, prohibited sexual
conduct between an educator and student, prostitution; persons under eighteen, purchase of commercial sexual activity, contributing to the delinquency of juveniles, sexual battery of persons with infirmities, obscenity by solicitation of a person under the age of seventeen, video voyeurism), rape, aggravated or first degree rape, forcible or second degree rape, simple or third degree rape, sexual battery, second degree sexual battery, oral sexual battery, intentional exposure to HIV, a second or subsequent conviction of voyeurism, or a second or subsequent conviction of sexual abuse of an animal) committed on or after June 18, 1992, or committed prior to June 18, 1992, if the person, as a result of the offense, is under the custody of the Department of Public Safety and Corrections on or after June 18, 1992.
If you’ve been accused of a crime, contact Gaynell Williams today at (504) 302-2462 for a free, no obligation consultation. Evenings and weekend sessions are available by appointment. We will work around your schedule.
This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific situation under federal and/or Louisiana law and the applicable state or local laws that may impose additional obligations on you and/or your family member. © 2019-2020 Gaynell Williams LLC Attorney at Law.