i was convicted of possession of cdsII,and given 2 years probation with article 893 granted,i have finished my probation without any more trouble and was wondering how the article 893 works and when it will take effect,is there something i must do to see that its used?i had no prior record and am currently looking for a job but most companies wont hire conficted felons,can you tell me how and when the article 893 will go into effect,thank you
4 Answers from Attorneys
Re: article 893
You must file papers to have the conviction expunged. A criminal defense lawyer in the parish where you were convicted will know how to do this. It is a simple and fairly inexpensive process.
Re: article 893
It is your responsibility to file a motion to dismiss after you have successfully completed your probation. You serve the DA and the law enforcement agency who arrested you and a date is set for you to appear. Usually your lawyer will prepare an answer for the DA to sign saying they have no objection to the dismissal of the charges. Some other DA offices may approach it differently, so talk to your lawyer. If you have been successful in your probation, then the prosecution against you will be dismissed with the same affect as if you were found "not guilty" of the charge.....you will be able then to honestly state you have never been convicted of that felony.....
Re: article 893
Under Art. 893 you should have gone back to court, at the ned of your probation, to establish that you hadn't been arrested for or convicted of another crime. Then the court would have dismissed the charges against you so you wouldn't have a conviction. If you didn't do this, you need to contact the attorney who was handling your case.
Re: article 893
Dear LawGuru Friend,
I have not read Steve LeBlanc's answer, and he may very well know more than I about how to process a successful 893; but here is what I would do:
(1) I would call the D.A.'s office and ask for Felonies. Talk to one of the Assistant D.A.s and ask him or her, or his or her secretary, whether once one who has been sentenced under article 893 has successfully completed his or her probation, whether or not the D.A. takes the initiative and moves in court to have the former plea of guilty withdrawn and the charge dismissed. That's the way an 893 works. But somebody needs to take the initiative. It is the Judge who allows you to withdraw your former plea of guilty and who then dismisses the charge; of course, after the D.A. moves to dismiss the charge. So it is a joint effort, partly done by the D.A. and partly done by the judge. Somebody, either you or the D.A., needs to move before the judge that you be allowed to withdraw your former plea of guilty, and then the D.A. moves to dismiss the underlying charge; and then the judge dismisses the charge (bill of information); and it is the same as if you have never been convicted. Then you can seek to have even your police record expunged. You can then truthfully state on a job application that you have never been convicted of a felony, for in fact the felony has been dismissed without a conviction.
(2) Call the District Judge's, of District Judges', office and ask to speak to a judge. If you cannot get to speak to one, then ask one of the judge's secretaries to find out from her boss what the practice is in that particular district court about completing out successful 893 cases; and, when you do, ask whether or not you need to do anything yourself, or whether the D.A. and/or the Judge or Judges take the initiative to complelte out successful 893 cases. Do not assume the D.A. nor the Judge takes the initiative and completes out the 893 cases where probation has been successful. You may have to do something yourself.
(3) Finally, if you have to, file a motion yourself asking that you be allowed to withdraw your former plea and that the charge (bill of information) be dismissed. If you need some help with this, feel free to call or write me;and I will help you. Congratulations upon your completing your probation successfully. Many do not. Once the 893 case is completed and the charge dismissed, you are a "certified" law-abiding citizen. Best of luck!
Hardy Parkerson, Atty.
3309 Common Street
Lake Charles, LA 70601
(337) 478-6126; FAX 477-2143
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