Skip to main content

Can a DWI be expunged in Louisiana?

Can a DWI be expunged in Louisiana Courts

Can a DWI be expunged in Louisiana?

A very common question I get often is can a DWI be expunged in Louisiana? The answer is yes it can as long as the conviction is set aside properly, probation has been completed, and the expungement itself is done correctly. DWI and expungement law is very complicated in Louisiana and I would recommend using an attorney to help you through this process.

The legal mechanism that allows a conviction to be set aside falls under Louisiana code of criminal procedure article 893 for felonies, or article 894 for misdemeanors. After the defendant pleads guilty under the respective article the judge will put you on probation. Then after you have finished your probation, paid your fines, and completed a variety of other requirements you will be able to have the conviction set aside. Then your attorney can file a motion for expungement to get the DWI removed off your record.

Usually the cost of an expungement is separate from the cost of DWI representation. Louisiana courts charge a separate fee to process an expungement and most attorneys have an additional fee as well.

Need help with your DWI or an expungement? I offer a 100% free consultation.

You can call me at (504) 401-9307 or click here to email me for a free case review.

What happens if you plead guilty but didn’t use article 893 or 894?

If you fail to plead under article 893 or 894 for misdemeanors you will have to wait five years since the end of your sentence to file for expungement, and ten years to the end of your sentence for a felony. Keep in mind that normally your allowed to file an expungement every five years for misdemeanors but the rule is different for DWI’s. You can only file one expungement for a DWI every 10 years.

To summarize DWI’s can be expunged if:

  • The defendant properly pleads guilty under 893 or 894 to have the conviction set aside, completes all probation requirements and files a motion to expunge.
  • If no 893 or 894 plea you will have to wait 5 years for misdemeanors, and 10 years for felonies from the completion of their sentence to expunge.
  • Please note that in order to have your conviction expunged the court charges additional fees as well as your attorney. Most attorneys charge separate fees for DWI representation and then after you have completed your probation they charge to complete an expungement for you.

If you have any questions about a DWI or expungement I offer a 100% free consultation. You can call me at (504) 401-9307  or click here to email me for a free case review.

Call Us - Click Here