Applying for CCW with Expunged DUI

Hondasi1688 said:

Hello all,
Was hoping to get some clarification on a question. In July 2012 I was arrested for DUI. It took 6 months in which I was given 894 expungment. So in Jan 2013 I was told to complete the terms and after they were completed I received full expungment. I know the conditions say wait 5 years from DUI but mine was expunged so is that taken into consideration by LSP or do they consider me guilty even though the court system essentially threw it out with the expungment? Second question would be if they do see me guilty of dui still is it 5 years from arrest or 5 years from final court date? Thank you in advance for any guidance. God Bless.

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Hondasi1688 said:

Hello all,
Was hoping to get some clarification on a question. In July 2012 I was arrested for DUI. It took 6 months in which I was given 894 expungment. So in Jan 2013 I was told to complete the terms and after they were completed I received full expungment. I know the conditions say wait 5 years from DUI but mine was expunged so is that taken into consideration by LSP or do they consider me guilty even though the court system essentially threw it out with the expungment? Second question would be if they do see me guilty of dui still is it 5 years from arrest or 5 years from final court date? Thank you in advance for any guidance. God Bless.

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Hondasi1688 said:

Got it. Thank you so much!

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nolaboy said:

Basically, if you pled guilty or no contest or whatever on October 29 2012... You have to wait until the 10/30/17.

The CHP unit has to strictly adhere to the guidelines codified in 40:1379.3 which is the law pertaining to the the issuance of La CHPs. So if your crime hasn't passed outside of the 5 year mark from the day you entered the plea for the charges you will be denied.

Alternatively, if you're application is post dated prior to the 5 year mark from the day you entered your plea it will be denied. 5 years and 1 day? You are good to go. One thing I have learned about legal rules is they are either black or white; there is no gray area.

http://www.legis.la.gov/Legis/Law.aspx?d=97451

Here is a link to the law. Ss (C)(7) is the section pertaining to your question.

I would encourage you to read the entire law before submitting the electronic application and going to the BR to submit your prints. Make sure you have a copy of your expungement and a copy of the dispositions from every municipality for any other arrest on your record; NOT just convictions.



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DBMJR1 said:

Any other arrest? Including minor traffic violations? ie Defaced Drivers License, or Expired Drivers License?

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nolaboy said:

Key word is "arrest". Meaning you were handcuffed put in the back seat and chauffeured to underworld college. I think somewhere in the rule book it may also mention municipal summons, but minor traffic violations don't have to be mentioned..... Unless of course they lead to an arrest. Read the rs40:1379.3 your self to confirm.

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DBMJR1 said:

Thanks.

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nolaboy said:

Key word is "arrest". Meaning you were handcuffed put in the back seat and chauffeured to underworld college. I think somewhere in the rule book it may also mention municipal summons, but minor traffic violations don't have to be mentioned..... Unless of course they lead to an arrest. Read the rs40:1379.3 your self to confirm.

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thperez1972 said:

In general, a municipal summons is an arrest where the police allow you to sign for your release on the spot with the promise of reporting to court at a certain date and time.

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