Category Archives: Uncategorized

Throughout the country, views on marijuana have continued to change. Cannabis has been hailed for its medical benefits for the last 5,000 years. In the early 1900s, marijuana could be found in many household medicines. 

However, by the 1930s, nearly every state had passed laws restricting or prohibiting the use of cannabis. The Federal Bureau of Narcotics even campaigned for its criminalization. Over the next few decades, marijuana was systematically demonized, eventually being scheduled as a Schedule I drug with the Controlled Substances Act in 1970.

The anti-drug movement stayed strong through the 1980s and 1990s. With the “Just Say No” campaign, the D.A.R.E program, and many advertisements aimed at the “gateway” drug, public opinion remained firmly against marijuana. 

After millions of dollars spent and millions of arrests later, marijuana may finally be given its medical credit back. 

What is Louisiana’s New Medical Marijuana Law?

At the first of the year, Louisiana welcomed a new medical marijuana law. Proposed by Houma Rep. Tanner Magee, ACT 424/HB 391 was signed into law by Governor John Bel Edwards in June of 2020. The new bill expands marijuana use by:

• Allowing raw, smokable marijuana available by prescription at medical dispensaries

Before the new law, medical marijuana use had been limited to topical applications, inhalers, edible gummies, and liquids. The forms are widely known for their expense. According to a W.A.F.B. article, patients and family members have attested to “spending more than a house note.” 

The smokeable form, or marijuana flower, is expected to be more cost-friendly to patients combatting pain and other ailments. 

Currently, marijuana is only permitted to be grown by two agricultural centers at Southern University and Louisiana State University. While there is a push to allow more growers, the change has not garnered enough support. 

How Has Public Opinion Towards Marijuana Use Changed in Recent Years?

The new law in Louisiana reflects how the views of marijuana have changed rapidly over the last two decades. Public opinion has shifted from the “Just Say No” days in the 1980s to the overwhelming majority of Americans supporting the complete legalization of marijuana.

According to a new survey by the Pew Research Center:

• 91% of U.S. adults believe marijuana should be legal 
• 60% think cannabis should be allowed for medical and recreational use
• 31% support medical marijuana use only
• Fewer than 8% do not believe marijuana should be legalized in any capacity

Since 2015, the views and laws on marijuana have relaxed. Governor Bobby Jindal signed HB 149 into law, allowing a dispensary system for medical marijuana to be developed in Louisiana. The bill was strict, prohibiting smokable forms of the plant and limiting prescriptions to only a few medical conditions. 

In addition, the governor signed SB143, significantly reducing the penalties for marijuana possession. As public opinion has progressed, qualifying ailments for medical marijuana have expanded and penalties have eased. 

How Does Marijuana Use Benefit Patients?

Marijuana has a long history of treating medical conditions. Dating back 5,000 years, cannabis was used medicinally up until the 1930s. A recent study, Medicinal Cannabis: History, Pharmacology, And Implications for the Acute Care Setting, describes the change in attitude toward marijuana that may have resulted from the opioid epidemic. 

Despite being classified as a Schedule I drug, marijuana’s benefits have begun to outshine past fears. Medical marijuana can treat a wide variety of ailments, including:

• Pain
• Seizures
• Appetite loss
• Cancer
• Nausea
• Crohn’s disease
• Muscle spasms
• HIV/AIDS or Multiple Sclerosis (M.S.)
• Eating disorders such as anorexia
• Epilepsy
• Glaucoma
• Mental health conditions, including schizophrenia and posttraumatic stress disorder (P.T.S.D.)
• Alzheimer’s disease
• Wasting syndrome (cachexia)

While current research is limited, the medicinal benefits of marijuana date back thousands of years. Cannabis can treat by:

• Reducing anxiety
• Killing cancer cells or slowing the growth of tumors
• Controlling vomiting caused by cancer treatments
• Controlling nausea
• Reducing seizures
• Stimulate appetite
• Relieve pain and inflammation
• Help relax muscles, especially in people suffering from M.S.

For those suffering from any of the above medical conditions or symptoms, medical marijuana can help.

What Are Louisiana’s Possession Laws? 

Possession laws and penalties have been a source of contention across the country for decades. Many believe strict anti-drug policies are discriminatory, disproportionally affecting some races more than others. 

According to a recent article:

• There are more than 40,000 people serving time for marijuana offenses
• There are over 70 million Americans with criminal records for marijuana offenses

However, as of August 1, 2021, the possession of a small amount of marijuana was decriminalized. Governor John Bell Edwards signed HB 652 into law, effectively eliminating jail time for a first offense. Under HB 652:

• Possession of 14 grams of marijuana or less will receive a $100 fine for a first offense
  • 2nd offense will result in 6 months of jail time and a $1,000 fine
  • 3rd offense may result in 2 years imprisonment and a $2,500 fine
  • 4th offense will result in an 8-year sentence and a fine of $5,000
• Possession of more than 14 grams of marijuana can lead to 6 months in jail and a $500 fine
• Marijuana possession of 2.5-59 pounds is a felony and can result in 2-10 years in prison and a $30,000 fine

New Orleans has taken it a step further. City Council President Helena Moreno sponsored the new ordinance, which allows law enforcement to write a ticket for the possession of marijuana. 

In addition, a separate ordinance retroactively pardons any previous offenders if they were convicted of simple marijuana possession after 2010. It is estimated that 10,000 cases will be affected by the new rule.

What Will Louisiana Possession Charges Look Like in the Future?

Due to the racial disparities of marijuana possession charges, Louisiana is rectifying grievances by making marijuana possession less punitive. In the past, possession of cannabis could land offenders in prison for years. Now, medical marijuana is legal with expanded access for patients. 

Recreational marijuana is still illegal. However, most Louisiana officials believe full marijuana legalization is inevitable. If you or a loved one have been charged with possession of marijuana, the New Orleans drug crimes lawyers of Stephenson, Chávarri & Dawson, L.L.C. are here to defend your rights. 

 

Do you know what to do in the event of a workplace injury? If you have never been injured at work, chances are, you only have a vague understanding of what workers’ compensation is and what rights you have. And guess what? That’s just the way your employer wants it.

In theory, workers’ compensations laws are designed to protect the worker. In practice, employers and their insurance agents will work hard to reduce the value of your claim, which means, you may not get what you deserve. The good news is, this isn’t a battle you have to fight alone. The law allows injured workers to seek legal representation in the event of an accident. Here are the top 5 reasons why you need a workers’ compensation attorney:

1. An attorney can help you understand your rights and obligations

When you suffer an injury at work, the process should be simple. You go to your supervisor to report the incident, visit the doctor, and receive the necessary care. Yet for thousands of Americans, workers’ compensation claims are anything but easy. Far too many employees fail to report their injuries for fear of repercussions. Others lose eligibility because they do not make a claim in a timely manner. In Louisiana, workers have 30 days to report an injury to their employer. Further, your employer cannot retaliate against you for reporting an injury. An experienced attorney can help you navigate the process, so you can focus on your recovery.

2. Your attorney can help you find the right doctor

Chances are, when you report your injury, your employer will hand you a list of providers that are a part of their network. Many times, employees think these are the only doctors they are allowed to see. This is simply not true. In Louisiana, injured workers have the right to choose their own doctor. That said, you may need to seek approval from the insurance company if your care exceeds a certain monetary value.

Who you choose to see after a workplace injury is an important decision. Your diagnosis and treatment will have a significant impact on the value of your case. Unfortunately, the doctor your employer recommends may not give you the same level of treatment as a doctor that you choose, and may even downplay your final diagnosis. At Stephenson, Chávarri & Dawson, LLC, we’ll work with you to help you find care providers who are best suited for your case.

3. Workers compensation attorneys have experience negotiating with insurance companies

Your employer would like nothing more than for you to go to the doctor, get treatment, and come back to work. This is what is in the employer’s best interest, not yours. There are many variables that go into a workers’ compensation case. This includes:

• Medical treatment, including future medical costs
• Lost wages
• Lost earning capacity
• Loss of function
• Vocational retraining

At Stephenson, Chávarri & Dawson, LLC, our job is to help you get what you deserve. This means we’ll do an accurate accounting of what your lost wages are (including benefits), review all medical care, and fight for compensation that is commensurate with your doctor’s diagnosis and your final disability rating.

4. With an attorney, you don’t go back to work until you’re ready

When you take time off of work to recover from an injury, it’s natural to worry about getting back to work. Many workers wonder how they will survive without any wages coming in or if their employer can fire them if they take too much time off of work. It’s important to understand, your employer cannot fire you because of a workplace injury. Additionally, if you have an active workers’ compensation claim, you are likely eligible for lost wages payments while you are out of work.

The only time you should return to work is when you have a release from your doctor. Returning to work too soon can impede your recovery and may actually affect your claim if you aggravate your injury before you obtain a doctor’s release. If you cannot return to work, your attorney can help you determine whether you can return to a different position or if you’re eligible for vocational training.

5. An attorney can help, even if your workers’ compensation claim has been denied

There are many reasons your employer may deny your claim. This includes:

• You did not report your injury in a timely manner;
• The employer believes the injury was intentional;
• The employer suspects fraud;
• The employer suspects drug or alcohol use;
• You have a pre-existing condition;
• You have terminated your employment since the time of your injury.

If you have received a denial for your workers’ compensation case, that doesn’t mean it’s the end of your case. In some situations, you may be eligible to file an appeal through the workers’ compensation administration. Appeals are complex and typically have strict deadlines. Once you get to this stage, it is very important to talk to an experienced workers’ compensation attorney right away. An attorney can review whether you have grounds for an appeal and help you present your case.

Stephenson, Chávarri & Dawson, LLC: Let us work for you

After a workplace injury, it’s natural to have questions. Your job is your livelihood, and it can be scary to feel like you have no control over what comes next. At Stephenson, Chávarri & Dawson, LLC, our job is to provide answers and help you fight for the compensation you deserve. Whether you have an active case or have been denied by your employer, an experienced workers’ compensation attorney can be a valuable asset to your case. To learn more about your rights or to speak to one of our experienced attorneys, contact Stephenson, Chávarri & Dawson, LLC at 504-523-6496 or fill out our online contact form to request an initial consultation.

 

The divorce rate in the U.S. currently hovers between 40% and 60% of all marriages – and the majority of those marriages produced children. If you and a spouse are contemplating or going through a divorce and have children, you need to make helping your children cope with the situation a priority.

Children can suffer multiple effects from a divorce. Young children may fear that no one will take care of them or not understand what is occurring at all. Children in school may act out inappropriately, suffer academically, or change their behavior in negative ways, becoming withdrawn, angry or sad.

All children may blame themselves for a divorce, have strong feelings about the breakup of their family, worry about the future, or blame their parents.

Your behavior and that of your spouse, however, can greatly lessen negative effects on your children. You need to make sure that your children understand what is occurring. Most importantly, you need to stress that their well-being and security is a top priority for both you and your spouse.

Here are the top 5 tips for helping children cope with divorce.

1. Communicate the situation clearly

Don’t leave it up to the children to figure out that you are divorcing. Don’t leave it up to them to figure out what that means for them, either.

Make it a point to sit down with your children and communicate the fact of your divorce. Remember that one of the most common effects of any divorce is the tendency of children to blame themselves for it, or at least wonder if they are to blame. Set that at rest. Directly state that the children are not to blame. Give a short, age-appropriate reason for the divorce, which they can understand.

It’s equally important to not blame your spouse. Hearing one spouse blame another increases children’s stress and anxiety. Ideally, both spouses will meet with the children together and give a neutral reason.

Communicate clearly that you will make their needs for a stable and comfortable life a top priority during the process. If facts like where you will live and where they will go to school may change, tell them you will let them know as soon as possible and that you will take their wishes into account (if it is possible for you to do so).

2. Make the children’s needs a top priority

You not only have to communicate with your children that their needs are a top priority, you have to actually make their needs top-of-the-list. You’ll need to show commitment and flexibility to ensure that custody arrangements, educational arrangements, and more always have their best interests at heart.

Take the time to explain the arrangements that affect them directly. If, for example, you and they will live in a different place or they will attend a different school, tell them well in advance and communicate the reasons.

If changes are likely to impact them, point out any potential positives. Children may, for example, look upon changes in the schools they attend (and thus their friendship groups and plans) very negatively. Put effort into surveying the changes from their point of view and consider any potential positives they may not see, such as new possibilities for extracurricular activities or more flexibility. Communicate those positive elements.

3. Work constructively with your spouse

As much as possible, handle the divorce constructively with your spouse. “Constructively” means several things. First, even if you believe your spouse is to blame, don’t put your children in the middle. Again, don’t blame your spouse in front of the children.

Second, communicate directly with your spouse; don’t make the children the communicators between you. Even if it seems convenient to you to tell the children information to pass on to a spouse they will see shortly, doing so places an unfair burden on children.

Third, don’t make the children your confidants to talk about any negative fallout you’re feeling from the divorce. If you feel you need to talk about these issues, that’s perfectly understandable. But talk to older family, friends, or professional counselors rather than your children.

Fourth, even in a situation where spousal shortcomings may seem obvious, such as ongoing physical abuse, remember that your spouse is their parent. Make it as easy as possible for them to have an ongoing child/parent relationship. Honor custody and other arrangements that allow your spouse to spend time with your children and have a role in their lives.

4. Prepare to deal with children’s emotions

Children often react emotionally to divorce. They may feel sadness, anger, depression, anxiety, stress, even guilt – a whole host of emotions. In addition, of course, they may act out by withdrawing from you, friends and family, or favorite activities such as sports. They may change social groups or start staying out late. They may show aggression when they didn’t before.

Children may need help identifying their emotions. Withdrawal, for example, could indicate sadness or depression. Talk openly about emotions they may feel.

Make every effort to help them deal with these emotions. Validate that it’s okay to have the emotions they have.

If possible, strategize ways to help them deal with the emotions appropriately. Sports or other after-school activities can help them deal with divorce-related emotions such as anger or aggression, for example. Sad movies can help them deal with sadness. Favorite pets can help them feel stable and loved.

5. Seek help 

Just as it takes a village to raise a child, it takes a village to cope with divorce. Your children and you don’t have to go it alone.

Friends and family can play many roles during a divorce. Grandparents, for example, can offer continuing stability and love, as can uncles, aunts, cousins, and other family. Friends can be comforting, especially if they faced something similar in the past.

Let your children’s teachers, school administrators, and coaches know that you are going through a divorce. They can offer support and may know of valuable resources for both children and parents experiencing divorce.

If necessary, reach out for professional help as well. Professional therapists and counselors can provide valuable assistance during this period, allowing both you and your children to talk out their emotions and strategize solutions for challenges.

Counselors and therapists can also offer a wealth of resources, such as self-help groups and suggestions for ongoing strategies.

If you need more information, contact a qualified family law attorney.

 

Aging is a normal part of life that comes with the gradual— sometimes rapid—decline in physical and mental capabilities. As abilities to take care of everyday things diminish, people need help with personal finances, business, health care, and other important things. It’s best to think about the person you want to make these life decisions for you when the time comes.

When you choose that person, you need to formalize an agreement to ensure the individual has the right to make decisions for you. This formal legal document is referred to as a Power of Attorney (POA). Below we offer an overview of powers of attorneys, different types of POAs, and the reasons why designating someone as your power of attorney is so important.

What Is a Power of Attorney? 

A Power of Attorney is a written legal authorization that approves another person to act on your behalf in the event that you become mentally or physically incapacitated. The idea behind designating someone to act on your behalf is to have someone that you trust will represent your best interests and follow through with your wishes when making crucial decisions related to your life.

On the legal document, you are named as principal, and your trusted representative is named as your agent or attorney-in-fact. Many people choose a spouse or an adult child to give their POA. However, other family members and close friends also hold POAs in some cases. Once you grant someone your POA, the law expects them to make informed decisions in your best interest about crucial issues including:

• Healthcare

• Business transactions

• Insurance policies

• Federal and state tax returns

• Other legal or financial planning

Selecting someone as your attorney-in-fact is often part of the estate planning process. However, even those who do not need to worry about designating large amounts of wealth or property to future generations still should create a power of attorney.

Types of Power of Attorney Documents

You can grant power of attorney for various events and circumstances. Each of these variations results in a different type of power of attorney. Your POA document might include various powers or specific responsibilities. Our legal team can review your situation and determine the documents you need going forward. It’s your decision to decide what powers you want to grant another, so they can act on your behalf.

Limited/Special Power of Attorney

If you lose your physical and/or mental capacities, you might want someone you trust to take care of one or more issues or particular responsibilities. Examples include:

• Designating someone to sell your home or other personal property

• Designating someone to monitor and distribute the contents of a safe deposit box

• Designating someone, often a spouse or partner, to make medical decisions on your behalf

• Designating someone to make decisions related to your business

Full Power of Attorney

In situations where you want to provide a trusted individual with a broad range of powers to make important decisions on your behalf, you need to grant him or her full power of attorney. A full POA typically includes personal and business financial transactions, decisions related to healthcare and treatment, and much more. These general full power of attorneys are typically part of an estate plan.

Durability in Louisiana Power of Attorney Documents

Sometimes people avoid granting power of attorney to another person because they are worried they will permanently give up the right to make decisions about their own lives. A durable power of attorney provides the solution to this concern. It is a traditional full power of attorney, but it only goes into effect when you become incapacitated, making durable POAs a popular choice for many.

Everyone Needs a Power of Attorney

Creating power of attorney documents is often associated with aging, but it doesn’t mean you need to wait until you retire to create one. In fact, it’s best to create one early in life and make changes as necessary. A power of attorney is important for several reasons, including:

Avoid Costly and Emotional Court Process

In the event you need someone to make decisions on your behalf, your family members, business partners, or other relevant parties will need to go through a court proceeding to let a Louisiana judge decide who should make decisions for you. If competing family or business interests exist, this kind of proceeding can lead to major disagreements in some situations.

Protect Your Assets

People work their entire life to acquire assets including their homes and retirement savings. Some even build businesses. You risk losing everything you have worked so hard to build if you do not choose someone to handle your affairs. Whoever the court chooses to make decisions for you might not have your best interests in mind. Choosing your own attorney-in-fact makes it far more likely that the person acting on your behalf will honor your requests and wishes. 

Make Healthcare Decisions While You Are in Good Health

It can be scary to think about what you want to do if you get in an accident or have some other medical emergency that makes it impossible for you to make decisions about medical treatment and health care. The same is true about suffering from dementia, Alzheimer’s disease, or another condition related to aging. When you create a POA, you can provide guidance to your trusted agent about whether you will live in a nursing home or receive private care. You can also provide guidance on the types of treatment you wish to receive in the event of an accident or disease.

Get the Legal Help You Need to Draft Your Power of Attorney

As you make plans for your future and choose the person or people you trust to make decisions about your personal assets, obligations, and affairs, an experienced attorney can help prepare the right document(s) for your situation. Contact the skilled legal team at Stephenson, Chavarri & Dawson, L.L.C., online or at 504-523-6496 for estate planning and preparing the proper documents to ensure those you trust can act on your behalf.

 

Divorce is never easy. Many times it is messy, combative, and extremely stressful. In fact, when most people think of the word “divorce,” they may picture a courtroom with everyone inside yelling, people crying, endless drama and both parties walking away upset—ultimately affecting the family as a whole for years to come. However, if you are considering a divorce, this does not have to be your story.

Gone are the days where heading to court and litigating your dissolution is your only option. In this blog post, we will discuss a different and more modern approach to divorce. Specifically, we will explain everything you need to know about a collaborative divorce- what it is, how it works, and how it can be the solution that you need to get through this difficult time in your life.

What Exactly is a Collaborative Divorce?

A collaborative divorce is a process of removing divorce disputes from a courtroom setting into a “problem-solve” setting of negotiations. In general, a collaborative divorce will only work when both parties agree to it and decide to focus from the start on settling divorce issues through good faith mediation and negotiations without resorting to litigation.

In a contested divorce, court litigation is necessary to resolve the division of custody, assets, property, and other issues involved in the split. This method often requires a more adversarial approach, limited options, and fixed resolution ideas. In comparison, a collaborative divorce looks to provide a transparent and respectful environment for the divorcing spouses to make mutual decisions that fit their specific circumstances and their family best.

When deciding on a collaborative divorce, there are a few critical elements that need to be considered and agreed upon by both parties to make this approach work:

• It is a Voluntary Process: A collaborative divorce is voluntary, meaning that either spouse can stop the process at any time.
• Work With a Collaborative Attorney: Each party needs to speak with their own collaboratively trained lawyer and ask questions about the process to determine whether this option is a good fit. If both parties agree to go ahead with a collaborative divorce, they can retain their own collaborative lawyer and proceed to the participation agreement. These collaborative lawyers are there to support the parties through the whole legal process and provide them with confidential legal advice while coming up with unique ideas to help the divorcing couple get through this challenging ordeal.
• Sign a Participation Agreement: Before the process begins, the divorcing spouses need to sign a participation agreement where they agree that a settlement is their only goal, and their attorneys will withdraw from the proceedings if the case proceeds to litigation.
• Divorcing Spouses Work as a Team: The divorcing couple will need to work together to develop their own divorce settlement agreement. They will have to discuss issues and agree to specific divorce terms regarding their family, finances, and the future. Because a collaborative divorce is about mutual understanding for each other’s needs, the focus of this process is to come up with solutions that work best for the whole family.
• Negotiations Take Place in a Series of Joint Sessions: These collaborative divorce negotiations occur during a series of joint sessions, where the divorcing spouses and their collaborative lawyers sit down to informally come up with ideas of how to create a fair divorce resolution. Not only can the divorcing spouses have their collaborative attorneys provide assistance with the brainstorming and coming up with ideas. But many times, these sessions can also include other experts, including mental health professionals, child specialists, and even financial advisors who will work as neutral parties to come up with the best solutions for the family.

Benefits of a Collaborative Divorce

Generally, the collaborative divorce approach offers the divorcing couple many advantages. Including providing them a sensible cooperative dispute resolution option, while also producing numerous benefits for the whole family:

• The collaborative divorce process is less expensive and allows the divorcing spouses to avoid costly litigation.
• The collaborative divorce process maintains peace and respect between the divorcing couple.
• The collaborative divorce process tries to find flexible answers and solutions in order for both parties to get the terms they want.
• The collaborative divorce process keeps kids out of the conflict.
• The collaborative divorce process focuses on problem-solving strategies without heading to court.
• The collaborative divorce process results in more long-term solutions than litigation because it looks at the big picture of your life. Even though both parties may not be ready to get a divorce, discussing options together in a respectful setting can help put the divorce into a proper perspective and allow it to get resolved that much faster.

However, one of the most significant benefits of a collaborative divorce is that the divorcing spouses get to decide on the divorce terms instead of a judge or a jury. This helps avoid feelings of anger, ill-will, or disdain and allows the divorcing couple to come up with a solution that works best for both of them.

Get the Legal Help You Need- Work with a Family Law Attorney You Can Trust

Even though divorce can sometimes be a tedious and stressful experience, it does not always have to be. In truth, it can be the fresh start that a divorcing couple needs. That is why working with an experienced family law attorney is so critical. At the Stephenson, Chávarri & Dawson law firm, our legal team knows how vital a collaborative divorce can be for you and your family. We also understand how crucial our role as a collaborative divorce lawyer can be to you as you try to pursue an optimal outcome in your divorce. That is why do not wait any longer. Contact Stephenson, Chávarri & Dawson today, or call our firm at 504-523-6496. We can go over any questions you have about collaborative divorces and help you determine whether it is the right option for you.

If you have been convicted of a felony, it can feel like you have had the rug ripped out from under you. You’ve served your time but still, you face seemingly insurmountable obstacles because of decisions you made in your past. Besides the negative stigma former felons face, a felony conviction can make it harder to get a job, find affordable housing, or even obtain a student loan.

So how do you move beyond your felony and begin to rebuild your life? For some people, a felony expungement may be an option. If you need help and want to know whether expunging your record may be an option, contact a felony expungement attorney. Here are a few things you should know about the process before you decide to move forward:

What is a felony expungement?

Under most circumstances, your felony conviction stays on your record for life. While employers may not ask about convictions beyond a certain period of time and your conviction may not always appear on a general background check, in reality, your conviction is always there. That is unless it is expunged. 

According to the American Bar Association, to “expunge” is to “erase or remove completely.” In this way, it is like your conviction never happened. Your felony won’t appear on an employment background check, it can’t affect your ability to get an apartment, and it won’t appear in the public record. 

Does an expungement make my felony conviction completely go away?

While a felony expungement gets rid of your record in most practical applications, there are still instances where others may still find out about your record or you may have to disclose it. 

For example, if there were news reports chronicling your crime and conviction, these records will still exist and may appear in a simple Google search. Other entities that may have access to your expunged record include:

• The Office of Financial Institutions;
• The Louisiana State Board of Medical Examiners;
• The Louisiana State Board of Nursing;
• The Louisiana State Board of Dentistry;
• The Louisiana State Board of Examiners of Psychologists;
• The Louisiana Board of Pharmacy;
• The Louisiana State Board of Social Work Examiners; 
• The Emergency Medical Services Certification Commission; 
• The Louisiana Attorney Disciplinary Board; 
• Office of Disciplinary Counsel;
• The Louisiana Supreme Court Committee on Bar Admissions; 
• The Louisiana Department of Insurance; 
• The Louisiana Licensed Professional Counselors Board of Examiners

These organizations will typically only use the information if you apply for employment or a license from the given organization.

Are all crimes eligible for a felony expungement?

The short answer is no. Some crimes will always stay on your record. Louisiana law is clear regarding which crimes are and are not eligible to be expunged. Specifically, the following crimes are not eligible for expungement:

• Sex crimes
• Crimes against minors
• Distribution of a controlled substance
• Crimes of violence

Additionally, a Louisiana court can only expunge Louisiana offenses. If you were convicted for a federal felony crime or a crime committed out of state, you may not be eligible for a felony expungement.  If you have questions about whether or not you can obtain a felony expungement, contact our office today.

How long do I have to wait to apply to have my record expunged?

Louisiana has made major changes in the past several years to expedite the expungement process. While previous laws required a ten-year work history, this requirement no longer applies. 

To apply to have your record expunged, you must wait a period of no less than 10 years since one of the following has applied:

• You completed your sentence or adjudication
• You are no longer on parole or probation

It’s important to note, you cannot have a subsequent conviction or pending charge during this 10 year period to be eligible to have your felony expunged. 

How to obtain a felony expungement

1. Determine your eligibility

The first thing you need to do is to determine whether you qualify for an expungement. This step is important because you must pay filing fees to have your records expunged. These fees are expensive. If you are deemed ineligible, the court will not return any monies paid. If you are unable to pay these fees, the court may have assistance available. 

2. File the necessary paperwork

Before you file any paperwork, you need to obtain your background report. Without this, your case cannot move forward. After you receive your background report you can begin to process the paperwork. In some cases, you may need to file for a motion to set aside before you file for a motion for expungement. If this sounds complicated, it’s because it is. For this reason, we cannot emphasize enough the value of an experienced attorney to help guide you through your case. 

3. Undergo the mandatory waiting period

If the court approves your request, you must undergo a 60-day waiting period. During this time, the police and district attorney will have the opportunity to object to your request. If a party objects to your request you will be given an opportunity to plead your case in court. Be prepared to answer tough questions and defend why your record should be expunged.

Your future is at stake. Put it in the right hands

A felony expungement can give you a new lease on life. But as such, it doesn’t come easy. The process to expunge your record can be complex, lengthy, and expensive. This is not a challenge you want to take on by yourself. At Stephenson, Chavarri & Dawson, L.L.C., we work with individuals who have worked hard to get a second chance. Your past shouldn’t stop you from having a future. Our experienced attorneys can help you determine what steps you need to take to prepare for your battle and help you make sure everything is in line before we take the final steps. Protect your future, protect your freedom, protect your rights. Contact Stephenson, Chavarri & Dawson, L.L.C. at 504-523-6496 or fill out our online request form to schedule a consultation with one of our felony expungement lawyers today.