An expungement is when a conviction is taken off of a person’s criminal record. Unfortunately, Louisiana does not allow expungements for DUI convictions. The conviction will stay on your record and affect your insurance rates. The conviction will also be used against you to increase penalties such as jail time and fines should you be arrested for another crime. Thus, it is important to have the best DUI attorney in order to be found not guilty or have the charge reduced.
Louisiana’s “894” Plea
Although Louisiana does not allow an expungement, there is a plea option that certain drivers may choose to accept if charged with a DUI. An 894 plea is generally available to misdemeanor DUI cases where the driver has a clean driving record and no criminal record prior to the arrest. Though it may vary in certain circumstances, a clean record is generally 5 years without a violation.
The 894 plea temporarily suspends the DUI conviction and it will not appear on criminal or driving records. Following the plea, a person is placed on probation and may have other requirements such as alcohol education class. After 2 years, the driver can petition the court to have the DUI conviction officially set aside and treated as an acquittal. This plea is generally only available once during a 10 year period.
Why risk having a DUI conviction on your record? Talk to the skilled DUI attorneys at Bates and McMillin to see if an 894 plea is right for you.