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re: Article 894 expungement DWI

Posted on 7/13/15 at 1:18 pm to
Posted by UNO
Member since Mar 2015
4961 posts
Posted on 7/13/15 at 1:18 pm to
It's still on your record, somewhere. If he were to get another DWI, he would be tried as a 2nd-time offender by going the route of 894 expungement, from my understanding.

It's a route that some people take because it gets it "off your record" sooner, and I guess it helps when applying for jobs.

However, almost every employer covers expungements in their application process and in their background checks nowadays, so it's not like you're going to get that past anyone.
This post was edited on 7/13/15 at 1:21 pm
Posted by tLSU
Member since Oct 2007
8692 posts
Posted on 7/13/15 at 1:20 pm to
Actually, from what I hear, the new expungement process is a major pain in the arse, and a lot of lawyers who used to charge $500 are now charging $2000. It involves a lot of bureaucratic hand-holding and trying to get different agencies to keep moving the paperwork.
Posted by gorillacoco
Baton Rouge
Member since Oct 2009
5328 posts
Posted on 7/13/15 at 1:25 pm to
quote:

texted while driving(just as dangerous).


While it is dangerous, it is not as dangerous...


wait so do you text and drive, willingly endangering everyone else's lives, or not?
Posted by GrammarKnotsi
Hammond
Member since Feb 2013
10173 posts
Posted on 7/13/15 at 1:27 pm to
quote:

wait so do you text and drive, willingly endangering everyone else's lives, or not?



For the sake of your argument, yes, but if you equate texting and driving intoxicated with each other, you are a lost cause
Posted by TheIndulger
Member since Sep 2011
19448 posts
Posted on 7/13/15 at 1:30 pm to
quote:

Your son is going to be a complete douche if you take care of shite like this his whole life


and if not, he will just be a regular douche like you
Posted by chryso
Baton Rouge
Member since Jul 2008
14005 posts
Posted on 7/13/15 at 1:31 pm to
I don't understand why expungement is allowed.
Posted by BilJ
Member since Sep 2003
163153 posts
Posted on 7/13/15 at 1:31 pm to
quote:

The answer is yes. By a long-shot. Driving a vehicle while texting is six times more dangerous than driving while intoxicated, according to the National Highway Traffic Safety Administration.

Motorists engage in secondary behavior during more than half of their time spent driving – an action that is a factor in more than one million national car crashes and 16% of fatal accidents annually. And texting is the number one distracted driving activity by a long-shot. With technology at drivers’ fingertips, drivers are becoming more and more tempted to send and read quick text messages that they by-and-large assume to be harmless. The truth is, texting while driving takes a driver’s eyes off the road for an average of 4.6 seconds and increases the chances of a crash by 23 percent. To put that into perspective, if a vehicle is traveling at 55mph, the average driver doesn’t look at the road for about the length of an entire football field while sending a text.

Car and Driver Magazine performed an experiment to document just how dangerous texting and driving can be, in comparison with the widely known risky activity of drunk driving. During the experiment, cars were rigged with a red light to alert drivers when to brake. The magazine tested how long it would take to hit the brakes when sober, when legally impaired at a BAC level of .08, when reading an e-mail and when sending a text. Sober, focused drivers took an average of 0.54 seconds to brake. For legally drunk drivers four feet needed to be added. An additional 36 feet was necessary for reading an e-mail, and a whopping added 70 feet was needed for sending a text.


looks like you're a piece of shite endangering lives grammar. Probably the result of bad parenting
Posted by GrammarKnotsi
Hammond
Member since Feb 2013
10173 posts
Posted on 7/13/15 at 1:32 pm to
quote:

and if not, he will just be a regular douche like you



While a fair and witty comeback , having your parents try and cover up your frickup is pretty low...This kid will forever know that his parents are willing to pay for his mistakes
Posted by mikelbr
Baton Rouge
Member since Apr 2008
49110 posts
Posted on 7/13/15 at 1:33 pm to
quote:

He didn't post here looking for advice, dumbass. He's not the OP


Haha I was like WTF I didn't ask for advice. But I can understand why the OP and most people are misled to believe it's something very demanding of the skills only JDs possess. The whole better safe than sorry thing isn't so critical here. It's rather simple is all I be sayin'.

Like this implied too guy too.
quote:

that's way too high

i had a friend that's a Legal Secretary do it for me- she said that it was easy
Posted by absolute692
US of A, MFer
Member since Feb 2007
4004 posts
Posted on 7/13/15 at 1:34 pm to
quote:

I don't understand why expungement is allowed.


Because people, especially teenagers, make mistakes. And why should he be penalized for that mistake 10 years later when applying for a job?
Posted by Rantavious
Bossier ''get down'' City
Member since Jan 2007
2132 posts
Posted on 7/13/15 at 1:34 pm to
quote:

However, almost every employer covers expungements in their application process and in their background checks nowadays, so it's not like you're going to get that past anyone.


The expungement order is directed to the State Police to maintain the confidentiality of the criminal record relative to third party requests.

Often, the prospective employer is aware of the criminal record, so you are not really trying to 'hide' it from the employer, but they want it expunged as a condition of employment
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 7/13/15 at 1:35 pm to
quote:

I guarantee you, my parents would not be covering for my arse if I had...



quote:

Your son is going to be a complete douche if you take care of shite like this his whole life



this x1000 and also to OP, you can call it expunged, or a sealed record, or whatever, and it may avoid detection in some perfunctory checks, but it it is on a permanent record, and it will always be there, forever, and not that hard to find, it's a different day and age
This post was edited on 7/13/15 at 1:36 pm
Posted by Grassy1
Member since Oct 2009
7330 posts
Posted on 7/13/15 at 1:35 pm to
Please don't drive down my road GrammarNatsi
Posted by TigerTreyjpg
Monroe, LA
Member since Jun 2008
5815 posts
Posted on 7/13/15 at 1:35 pm to
May have already been asked, but did the same attorney handle the DWI? If so, how much did he charge you? 2k may be a little steep for the 894 work, but if he cut you a deal on the front end/figured you'd bring the rest of the work to him/something like that, let him do it.
Posted by mikelbr
Baton Rouge
Member since Apr 2008
49110 posts
Posted on 7/13/15 at 1:36 pm to
quote:

The expungement order is directed to the State Police to maintain the confidentiality of the criminal record relative to third party requests.

Often, the prospective employer is aware of the criminal record, so you are not really trying to 'hide' it from the employer, but they want it expunged as a condition of employment




Right. It can only not be hidden when the potential employer is something like Law Enforcement, Medical, or Gaming. Maybe someone can find that actual link. Bottom line is MOST employers can't by law see that shite, or USE that shite against you should I say.



This post was edited on 7/13/15 at 1:38 pm
Posted by Mung
Ba’on Rooj
Member since Aug 2007
9533 posts
Posted on 7/13/15 at 1:37 pm to
quote:

You really have to pay all 4 of those fees now to get a fricking misdemeanor off your records? Smh


gotta pay for that new high rise courthouse, Bro.
Posted by Brageous
Member since Jul 2008
107724 posts
Posted on 7/13/15 at 1:37 pm to
quote:

$2k is just a drop in the bucket compared to what could have happened......



No shite. He's wondering if these lawyers are trying to screw him over on insane fees through the process.
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 7/13/15 at 1:37 pm to
quote:

May have already been asked, but did the same attorney handle the DWI?


I saw somebody say they include the expungement in the front end. I have never seen that. Ever.

And If somebody called me today to do an expungement I would charge at least $2,000. Because I don't do that shite.
Posted by BilJ
Member since Sep 2003
163153 posts
Posted on 7/13/15 at 1:41 pm to
quote:

having your parents try and cover up your frickup is pretty low...This kid will forever know that his parents are willing to pay for his mistakes


has he even stated he's footing the bill for it? He said his son called and got a quote, thought it seemed high.
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
84835 posts
Posted on 7/13/15 at 1:43 pm to
quote:

I saw somebody say they include the expungement in the front end. I have never seen that. Ever.

And If somebody called me today to do an expungement I would charge at least $2,000. Because I don't do that shite.



This and this.

Representation typically doesn't cover expungement or appeals.
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