Legal Question in Criminal Law in Louisiana

Espongement possibilities

My son was in an accident 8 years ago which resulted in his addiction to prescription pain medication. He did some foolish things while under the influence. He was caught on private property under construction having moved an air condition from the front of the building to the back. To my surprise, he was arrested and convicted of felony theft. He has undergone rehabilitation and has been clean for more than a year. This felony conviction is preventing him from getting a decent job even though he has a college degree and has been employed (at minimum wage) for a year. Is it possible to get this conviction overturned? He wants to get married and have a family; instead he is terribly depressed and I fear he may just give up.

Asked on 10/02/06, 10:33 pm

1 Answer from Attorneys

Steve LeBlanc Steve LeBlanc, Ltd., (APLC)

Re: Expungement possibilities

If your son was afforded the benefits of C.Cr.P. Art. 893 after he completed his probation the charges would have been dismissed without a conviction. There are circumstances under which a charge under C.Cr.P. Art 893 can be expunged. You need to ask his attorney if this was the case or not. Otherwise, he received his automatic first offender pardon which has worked for a client of mine in getting a job that required a security clearance.

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Answered on 10/03/06, 9:48 am

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