What is the difference between a pardon and expungement?

What is the difference between a pardon and expungement?

Expungement and pardons are two different processes. An expungement is a way to seal your criminal offense from most public searches. A pardon relieves someone convicted of a crime from penalties, including jail time. A person with expunged records can claim they do not have a criminal conviction on their record.

What is Article 894 Louisiana?

Article 894 in Louisiana is the code of criminal procedure article that allows for a misdemeanor conviction to be set aside and dismissed after successful completion of probation.

Does a pardon erase the crime?

A pardon does not, however, erase the fact that an individual was convicted of a crime. The criminal record is not erased, but it is kept separate and apart from other (non-pardoned) criminal records.

Does a pardon restore gun rights?

Pardon & Restoration of Firearm Rights. A pardon restores all rights lost due to a conviction, including the right to vote, the right to hold public office, and the right to possess a firearm.

What is a first offender pardon in Louisiana?

The First Offender Pardon contained in the Louisiana Constitution automatically pardons an individual who has been convicted of a non-violent crime (or of mingling harmful substances, extortion, or illegal use of weapons or dangerous instrumentalities) who has completed his sentence.

How long do misdemeanors stay on your record in Louisiana?

five years
To expunge a misdemeanor conviction, five years must have elapsed since the completion of any sentence, deferred adjudication, or period of probation or parole, and you must not have been convicted of any felony offense during the five-year period, nor have felony charges pending when you apply.

What is an Article 893?

Article 893 applies to felony convictions and allows for a conviction to be “set aside and dismissed” after a term of probation if the sentencing court defers the imposition of a sentence “after a conviction for a first offense noncapital felony.” At the conclusion of the probationary period, if the defendant has …

What does expungement mean on a criminal record?

What Is Expungement? Expungement refers to the process of sealing arrest and conviction records. Virtually every state has enacted laws that allow people to expunge arrests and convictions from their records.

Can a juvenile court record be expunged or sealed?

People who were arrested or convicted as juvenile offenders may have an easier time getting their criminal records expunged or sealed. Usually this is an option once the person reaches the age of 18, and they’ve otherwise stayed out of trouble with the law. Learn more in our article on sealing juvenile court records.

How old do you have to be to get your criminal record expunged?

Juvenile offenses. People who were arrested or convicted as juvenile offenders may have an easier time getting their criminal records expunged or sealed. Usually this is an option once the person reaches the age of 18, and they’ve otherwise stayed out of trouble with the law.