When you are screening a client to determine eligibility, it is also very important that you have a complete and accurate picture of the criminal record. Eligibility will depend on several factors:
- Is the record of an arrest-only incident or a conviction?
- If there was a conviction, what was the conviction for?
- What was the sentence?
- Have there been any later convictions, and if so, for which offenses?
Generally, it is best to organize all records chronologically. Many individuals will come to you with a specific charge in mind that they want expunged because they believe it is holding them back, but without a complete picture of the entire record, you will not know if that record is eligible or when it may become eligible.
In practice, if the person knows that the entirety of their record is within one or two parishes, it is likely easiest, cheapest, and fastest to determine eligibility by requesting court records from the courts where the cases were heard or for an attorney to look up the records if online access is available. A Bill of Information and a Disposition or Sentencing Minutes is sufficient to determine eligibility. Orleans Parish Criminal District Court will provide a more complete “Expungement Packet” that includes arrest information and district attorney screening forms.
If the person is unsure of their records or these records are spread out across many parishes, the only agency that is supposed to hold all fingerprinted records of arrest is the Louisiana State Police (LSP). An LSP background check can be obtained in person at the headquarters in Baton Rouge or through the mail with a return to either you or your client. The mail option will often take 6–8 weeks. Unfortunately, these records are often incomplete and may not include records of arrests or incidents without fingerprints. Practitioners must also keep in mind that a background check from either a parish sheriff or LSP is only good for 60 days. Because a background check will also be required when filing the expungement, you should request a background check for screening purposes only if it is impossible to determine eligibility without it or to confirm completeness of the expungement packet when a person is ready to file. This will save clients multiple background check fees.