Is Article 893 a conviction?

“893” is simply the code of criminal procedure article that allows for a felony conviction to be expunged after successfully completing probation. So the term “893 plea” simply means you are pleading guilty to a felony with an expungement opportunity.

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.

What is deferred adjudication in Louisiana?

Deferred adjudication for first offenders. Under Art. 893(E)(1), “When it appears that the best interest of the public and of the defendant will be served,” the court may place certain first offenders on probation, at the successful conclusion of which charges are dismissed.

What crimes Cannot be expunged in Louisiana?

Under Louisiana’s law, the only felonies that cannot be expunged are those for violent offenses, sex offenses, crimes against minors, and drug trafficking offenses (mere possession with intent to distribute is eligible for expungement).

What is an Article 893?

893. (a) A person is competent to act as a grand juror only if he possesses each of the following qualifications: (1) The person is serving as a trial juror in any court of this state. (2) The person has been discharged as a grand juror in any court of this state within one year.

What is a first offender pardon?

B. (1) A first offender never previously convicted of a felony shall be pardoned automatically upon completion of his sentence without a recommendation of the Board of Pardons and without action by the governor. (2) No person convicted of a sex offense as defined in R.S.

How much does it cost to get your record expunged in Louisiana?

The filing costs of expungements generally range from $550 to over $700, depending on whether a DWI is involved and whether a prior conviction must be converted to an 893/894 acquittal before the expungement can go through.

Can I do an expungement myself?

Using an attorney is not required by any court. Expungement of a criminal record is a criminal proceeding. In other states, it requires filing paperwork, collecting evidence, and arguing for expungement in front of a judge and against the arguments of a district attorney. …

Can a felon own a gun after 10 years in Louisiana?

Bottom Line Up Front: Even though Louisiana law allows most felons to possess a firearm after ten years have passed from the completion of sentence, under federal law, a Louisiana felony conviction will forever bar the felon from owning or possessing a firearm or ammunition, unless the applicant receives an expungement …

How long do felonies stay on your record in Louisiana?

ten years
To expunge a felony conviction, the rule used to be that ten 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 other criminal offense during the ten-year period, nor have criminal charges pending when you …

Are you still a felon if pardoned?

Pardons generally don’t expunge convictions. But, they will usually restore civil rights lost as a result of the conviction. So, pardons will generally restore: the right to vote.

Can I get an expungement without a lawyer?

Applying for Expungement If your criminal record is eligible for expungement, you might not need to hire an attorney to complete the process. Some states make it easy to apply for expungement, and many court websites offer expungement information and forms you can download for free.

What does an 893 plea mean in Louisiana?

So the term “893 plea” simply means you are pleading guilty to a felony with an expungement opportunity. Under article 893, a guilty plea conviction is recorded but a sentence is not imposed.

What do you need to know about article 893 / 894?

Additionally, the criminal defense lawyer must state on the official court record that you are entering a plea under Article 893 / 894. It should also be in writing on your plea agreement. Having this kind of documentation will help you to petition for an expungment of your arrest when you become eligible.

Can a conviction set aside under Article 893 be used?

A conviction set aside under article 893 has many of the same civil effects as an acquittal but can be used as a prior conviction for any habitual offender or statutory enhancements available on a new arrest and prosecution. However, the restoration of your civil rights does not extend to gun ownership.

How to plead guilty to a felony in Louisiana?

Louisiana Code of Criminal Procedure Article 893 / 894 If you have been charged with a felony or misdemeanor for the first time in Louisiana, you should ask your attorney to enter any guilty plea under Article 893 or 894 of the Louisiana Code of Criminal Procedure. Article 893 is for felony pleas and 894 is for misdemeanor pleas.