Finding a job can be a task in and of itself, but it can be increasingly difficult if you have a criminal background. However, if you have an arrest or conviction in your background, in certain instances, there is something that you can do that may make your job search a little bit easier. In limited circumstances, you can request an expungement of your arrest or conviction records. If an arrest or criminal record is expunged, it is removed from public access and is no longer considered a public record. The record will not be destroyed, but it becomes confidential.
Who Can Access the Records and Potentially Disclose them?
· Notably, upon written request, the record(s) can still be accessed and utilized by law enforcement, criminal justice agencies, and other statutorily defined agencies for investigative, enforcement, or prosecution purposes.
· Additionally, the records may be made available on order of a court of competent jurisdiction and after a contradictory hearing for good cause shown.
· Also, the records can be made available to you or your attorney if your record was expunged.
· Moreover, upon written request indicating that the record is to defend a civil suit and is necessary for a proper defense, it can be made available to a judge, prosecutor, member of a law enforcement or criminal justice agency.
Can Anyone Else Access the Records?
· Upon confidential written request, the information contained in an expunged record can be released to certain entities who must maintain the confidentiality of such record:
a. the Office of Financial Institutions,
b. the Louisiana State Board of Medical Examiners,
c. the Louisiana State Board of Nursing,
d. the Louisiana State Board of Dentistry,
e. the Louisiana State Board of Examiners of Psychologists,
f. the Louisiana Board of Pharmacy,
g. the Louisiana State Board of Social Work Examiners,
h. the Emergency Medical Services Certification Commission,
i. Louisiana Attorney Disciplinary Board,
j. Office of Disciplinary Counsel,
k. the Louisiana Supreme Court Committee on Bar Admissions,
l. the Louisiana Department of Insurance,
m. the Louisiana Licensed Professional Counselors Board of Examiners,
n. the Louisiana State Board of Chiropractic Examiners,
o. or any person or entity requesting a record of all criminal arrests and convictions pursuant to R.S. 15:587.1 or as otherwise provided by law.
Benefits of Expungement
As previously indicated, if your record is expunged, it becomes confidential and not accessible to the general public. Additionally, if your record has been expunged you do not have to tell any person that is not identified in group A that you were arrested or convicted of the offense for which the records were expunged. Furthermore, you do not have to tell them you had an expunged record. The confidentiality of having your criminal record expunged can lead to new possibilities for employment and more.
So, What Do You Need to Do?
If you need an expungement or have an arrest or criminal conviction that you would like expunged from your record, to do so, you will need to file the appropriate motion to expunge. Please note that if you are currently incarcerated, you cannot seek an expungement. However, if you are not currently incarcerated and have a criminal history that is preventing you from obtaining employment or hindering you in any way, you should contact a Louisiana criminal defense attorney to discuss the possibility of receiving an expungement.
Call The Law Offices of Philip B. Adams Today
The Law Offices of Philip B. Adams are experienced criminal lawyers in Louisiana who understand that difficulty finding a job is often a collateral consequence of a criminal arrest or conviction. That’s why our firm has worked to provide an opportunity for relief to individuals throughout the state of Louisiana.
If you want to learn more information about our firm, feel free to contact us to set up a consultation.