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Hello S:
You may be eligible for a pardon, but that doesn't mean you can get one. If you want to give yourself ANY chance, you're going to need a lawyer. He'd be the one to ask... At the very least, there's probably a 10 year criminal conduct free waiting period AFTER you're released from your current sentence. excon |
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Hello again, S:
Well, I did a little research for you. Here's what I found: ----------------------- • First offender pardon - A first offender (defined in La. Rev. Stat. Ann. §15:572(C) as a person “convicted within this state of a felony but never previously convicted of a felony” under federal law or the law of any state or country) “shall be pardoned automatically upon completion of his sentence without a recommendation of the Board of Pardons and without action by the governor.” La. Const. art. IV, § 5(E)(1); La. Rev. Stat. Ann. § 15:572(B)(1). Entitlement to first offender pardon is guaranteed by the constitution and may not be infringed by statute. Op. La. Att'y Gen. No. 04-0080 (2005). It does not depend upon having paid court costs. Eligibility: Applies to state convictions on or after January 1, 1975. Since 1999 amendment to Constitution, first offender pardon available only to persons convicted of “non-violent crime, or convicted of aggravated battery, second degree battery, aggravated assault, mingling harmful substances, aggravated criminal damage to property, purse snatching, extortion, or illegal use of weapons or dangerous instrumentalities”. Const. art. IV, § 5(E)(1) as amended by Acts 1999, No. 1398, § 1, approved Oct. 23, 1999, eff. Nov. 25, 1999. All others must apply for full pardon. Effect: First offender pardon restores “all rights of citizenship and franchise,” La. Rev. Stat. Ann. § 15:572(D), but does not restore privileges such as liquor license. See State v. Adams, 355 So. 2d 917 (La. 1978). Unlike a gubernatorial pardon, does not preclude use in subsequent prosecution, or use to disqualify for occupational licensing. § 15:572(E). --------------- It looks to me like it operates more like EXPUNGEMENT, instead of a pardon. Whoda figured that? But, in a state where you call county's parish's, I guess I shouldn't be surprised. If you think you're eligible for this "pardon", it looks like it automatically happened when your sentence was completed. If you want to make SURE that it DID happen, you may need to hire a lawyer. But, THIS time, he'll probably only charge you a $100 or so. excon |
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