Houston, TX asked in Criminal Law and DUI / DWI for Louisiana

Q: in Louisiana is an article 894 only a route for expungement or does it set the conviction aside to get my license back?

I was sentenced under an article 894 for dui first in la. I recently completely my one year of probation. I thought the article 894 would be granted under the satisfactory completion of my probation and that it would set the conviction aside for insurance and job application purposes but it would count as dui 2 if I were to ever get another one. Now I'm being told that all the article 894 is, is a route to expungement. That it makes less paper work and makes expungement easier to accomplish. I don't necessarily want it expunged. I jut want my drivers license back. It was suspended for two years by the dmv decay ae of a conviction in another state several years back. I was only charged with a 1st offense in court though. The dmv told me to bring proof that I was granted the 894 by bringing the courbminutes showing it was granted. The clerk of court tells me that no new court minutes are added after probation is complete. They say 994 is just a route for expungement if I choose

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1 Lawyer Answer
David L McBride
David L McBride
  • Criminal Law Lawyer
  • Gretna, LA
  • Licensed in Louisiana

A: Hello, in general pleading guilty under 894 makes the conviction eligible to be "set aside," and eligible for expungement immediately (as opposed to the typical misdemeanor waiting period) upon completion of any sentencing requirements. However, simply completing the requirements for the conviction doesn't immediately set the ball in motion. You will need to file a motion to set aside the conviction and dismiss prosecution and motion for expungement. The 894 simply makes the offense eligible to be set aside and acts as if the conviction never occurred, upon filing the appropriate motion to do so. I would recommend contacting the attorney that assisted you with your plea or another attorney to assist with filing the appropriate motions to have this matter resolved. Please note that the information provided is solely offered for general information purposes only and should not be relied upon as legal advice. Each situation is different and requires an evaluation of all applicable and relevant facts associated with that case.

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