Legal Corner: How long will an arrest remain on my criminal record?

LAKE CHARLES, La. (KPLC) - Legal Corner answers viewers’ civil legal questions.

QUESTION: Are courts in Louisiana required to provide interpreters or translators for parties in cases who do not speak or understand English?

ANSWER: Yes, courts in Louisiana are required to provide interpreters or translators for parties in cases who do not speak or understand English. Under federal law and state policy, individuals are entitled to language assistance, including an interpreter or translation services if one cannot speak or understand English. These services are free of charge.

Lake Charles City Court and the Fourteenth Judicial District Court provide interpreters or translators in civil and criminal cases. Each court has a language access coordinator who can be contacted to obtain information about utilizing the service.

In 2019, the Supreme Court of Louisiana entered into an agreement with the United States Department of Justice, whereby the Supreme Court would oversee improved services for non-English speakers involved in criminal and civil litigation throughout the state. Pursuant to the agreement, the Supreme Court embarked on a system-wide study of state courts, ascertained areas for improvement, implemented various changes to court procedures, and took numerous additional steps.

The purpose of the Language Access Plan is to create a framework to provide meaningful access for limited English persons (LEP) who would otherwise be unable to understand or fully participate in judicial proceedings, programs, and services by providing effective language assistance services. The Language Access Plan shall be a dynamic document which is periodically reviewed and updated to reflect new best practices in the judicial system and society. The basis of this Language Access Plan is encapsulated in Standard One of the American Bar Association’s Standards for Language Access in Courts (2012): 13 As a fundamental principle of law, fairness, and access to justice, and to promote the integrity and accuracy of judicial proceedings, courts should develop and implement an enforceable system of language access services, so that persons needing to access the court are able to do so in a language they understand, and are able to be understood by the court.

Sources of Law

Federal Law: Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. (Title VI), requires recipients of Federal financial assistance to provide limited English proficient (LEP) individuals meaningful access to their programs and activities.

State Law: In accordance with La. Const. Art. V, Sect. 5, the Supreme Court, “has general supervisory jurisdiction over all other courts. It may establish procedural and administrative rules not in conflict with law…” In addition, La. Const. Art. I, Sect. 22 states, “All courts shall be open, and every person shall have an adequate remedy by due process of law and justice, administered without denial, partiality, or unreasonable delay, for injury to him in his person, property, reputation, or other rights.”

QUESTION: Is it true that my state arrest will disappear from my criminal record after two years? I have heard this from several people and need to know the truth. If it is not true, then is there anything that can be done to clear my record?

ANSWER: No, it is not true that a state arrest will simply disappear from a criminal record after three years. Unless there is an expungement, an arrest and/or a conviction will remain on record forever.

La.C.Cr.P. art. 972 defines “expunge a record.”

“Expunge a record” means to remove a record of arrest or conviction, photographs, fingerprints, disposition, or any other information of any kind from public access pursuant to the provisions of this Title. “Expunge a record” does not mean destruction of the record.

Only certain arrests and convictions can be expunged:

• Arrests without a conviction
• Misdemeanors
• Felonies
• Juvenile records
• Human trafficking victims

An expungement can do the following:

• Remove your record of arrest or conviction, related photographs, fingerprints, disposition, or any other related information of any kind from public access.
• Make your record of arrest or conviction “confidential” and no longer considered to be a public record.
• Prevent “background check” companies from accessing—or reporting—your criminal history.
• Prevent prospective employers from obtaining your criminal history from state databases.
• Prevent law enforcement officers from seeing your criminal history, except under special circumstances.
• Allow you to qualify for a concealed handgun permit, if you meet other special requirements.
• Allow you to pass a federal National Instant Criminal Background Check (NICS) review to purchase a firearm, in some limited circumstances.
• Prevent banks and loan companies from considering your expunged criminal record when deciding whether to extend credit.
• Prevent insurance companies from considering your expunged criminal history when deciding whether to issue you certain types of insurance, or how much to charge you for it. This does not automatically apply to your driving record.
• Prevent private landlords from obtaining your criminal history when you apply for a lease.
• Prevent some governmental landlords from getting your criminal history when you apply for a subsidized housing assistance.
• Shield your expunged criminal record from colleges and universities to which you are applying for admission.
• Create special rights for you to sue private companies that sell or publish your criminal history.
• Allow you to answer “no” to employment questionnaires and applications that ask whether you have ever been arrested or convicted of a crime.
• Insulate you and your family from the unfair social stigma associated with having a publicly-available criminal record.