Another Louisiana Permit Question

Another Louisiana Permit Question

This is a discussion on Another Louisiana Permit Question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hello to you all. I am preparing to submit my application to the Louisiana State Police but I am having trouble getting a concrete answer ...

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  1. #1
    New Member Array davidgarcia's Avatar
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    Another Louisiana Permit Question

    Hello to you all. I am preparing to submit my application to the Louisiana State Police but I am having trouble getting a concrete answer on a question that I have and I hope someone can help me. I was arrested when I was 17 back in 1990. The charges were dropped by the DA and I never set foot in a court room. A few years later I paid to have my record expunged but the Sheriff's Office still has a record of my arrest. I've contacted the DA, the Sheriff's Office, the Clerk of Court, and the LA State Police. No one can tell me how to get a written disposition of the arrest or even if it will affect my permit application. Does anyone have any insight into a scenario like as this?

    I don't know if I am worrying for nothing but I don't want to have any problems or delays with the permit process.

    Thanks in advance for the help.


  2. #2
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    Array ctr's Avatar
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    How did you pay to have the arrest record expunged? Do you have expungement papers signed by a judge of the circuit court? If so, the Sheriff's office is illegally holding those records, they cannot be used for any reason - it is a violation. Expungement legally means the arrest never happened.

  3. #3
    Member Array TapRackBang's Avatar
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    Expungment is usually for convictions, not arrests. You did not mention what your were arrested was for, was it a felony or a misdemeanor? If it was a misdemeanor, It shouldn't be a problem. It also happed when you were 17, so I am wondering how it got on your adult record?
    Juvenile records do not show up on criminal histories. So you might just be talking about the sheriff's records. They do not expunge the case file, just the court proceeding and conviction at the state record level.
    At the arresting office level the case files remain, The permit unit does not have the time to query every agency so they rely on the state criminal history, that record should have been expunged and is no longer available, however some state permit agencies still have accest to expunged records since they are the same agency that stores and maintains them. Check with the permit section if expundged records still count. (for example they do in Utah)

    You should do two things in reference to you application. First if asked about a criminal arrest you should disclose the arrest. The background check will show it dismissed, if they find it at all. At least they will see you as honest and forthright. it shouldn't hurt your chances to get your permit.

    If it does & your denied a permit, most states required that you be notified of the reason of the denial and you should get a hearing.

    Then contact the Louisiana Bureau of Criminal Identification and Information

    P.O. Box 66614, #A-6
    Baton Rouge, LA 70896-6614
    225-925-6095

    They can run your criminal history and provide you with a copy (different sates have different rules about how and if you can get your criminal history)

    They can also tell you if it has been expunged.

    Good luck
    "Arms in the hands of individual citizens may be used at individual discretion..in private self defense." John Adams

  4. #4
    Senior Member Array Ragin Cajun's Avatar
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    List it on the application. There is a good chance you will still get your permit. If you don't list it and it comes up, I'd say there is a very good chance you will never get a La. permit. They are also looking for honesty.

  5. #5
    New Member Array lbarbish's Avatar
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    Expungment is for Felony arrests, not just convictions. All the applications in the universe ask "have you ever been arrested for a felony?" not necessarily convicted. Even if you took diversion rather than go to court it would still have been on your record unless you had it expunged.

  6. #6
    Senior Member Array Ragin Cajun's Avatar
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    Personally, I think that "getting your record expunged" is nothing more the another way for lawyers to make money and absolutely nothing more. Seen a few people go through the process and was dumb founded when what they thought was "expunged" came up. The last company I worked for ran back ground checks and found items that the people thought were off their record. It never goes away. Be honest on your application and lay it all out, it's your best chance of getting your permit.

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