“Expungement” means removal of a record from public access but does not mean destruction of the record. An expunged record is confidential, but remains available for use by law enforcement agencies, criminal justice agencies, and other state agencies as stated under Louisiana law. Court orders require that a criminal arrest and conviction record be removed from access except as stated in LA Code of Criminal Procedure (La. CCrP) Article 973. The processing of expungements is a complex procedure, requiring extensive man-hours.

To begin the expungement process, forms and required documentation must be filed with the clerk of court in the parish of arrest/conviction.

Expungement is a key component in breaking the cycle of recidivism for non-violent defendants.  Expungement facilitates access to economic opportunity for thousands of Louisianans who face persistent unemployment and exclusion from social advancement after arrest. Here, an arrest creates a permanent criminal record even if no criminal charges are instituted. Approximately 92% of all employers rely on criminal background checks when making hiring decisions.  However, when a person is simply arrested in Louisiana, there is a decreased likelihood of future employment exacerbated by the stigmatization of a being labeled as a “criminal.”

Here, an arrest creates a permanent criminal record even if no criminal charges are instituted. A permanent arrest record exists even if all charges are dismissed.  Un-convicted defendants face substantial social and legal barriers in gaining or retaining employment (as do convicted defendants). Mass incarceration with its lingering stigmatization equates to a new “barrier-rich” Jim Crow system.  Having a criminal record typically prevents a person from securing employment, enrolling in school and training programs, and securing affordable housing. Loss of housing frequently blocks an incarcerated person’s ability to fully reunite with family members after release. Yet, employment, training, and family housing are essential for successful disengagement from the criminal justice system.

This stigma of criminalization leads creates burdensome societal costs: an individual’s lost earnings, lower economic growth of the community/neighborhood, lower tax revenues for the city/state, and higher government spending on repeated incarcerations and other government expenses.  Louisiana’s recidivism rate has now reached 50%.  However, an expungement for nonviolent defendants removes the stigmatization of a criminal record, enhances an individual’s legitimate hope to find meaningful employment, and effective serve in the role of “citizen” in a democratic society.  The bottom line is that those who receive an expungement are less likely to recidivate when afforded the opportunity of employment.  

In Louisiana, eligibility for expungement depends on the specific details of the arrest or conviction record. Generally, individuals may be eligible if they have completed their sentence, including any probation or parole, and a certain period has passed without further convictions. Eligibility also varies based on the type of offense, with some misdemeanors and felonies qualifying under certain conditions. However, some crimes, especially violent offenses, sex crimes, and other serious felonies, may not be eligible for expungement.

The law does not allow a refund of expungement fees if the court denies the request for expungement.

Not all types of criminal records can be expunged. The eligibility for expungement depends on various factors, including the nature of the offense, whether the conviction was for a misdemeanor or felony, the completion of the sentence, and any subsequent criminal activity. Generally, minor offenses, certain misdemeanors, and some felonies under specific conditions may be eligible for expungement. However, serious offenses such as violent crimes, sex offenses, and other major felonies often cannot be expunged.

You can begin the expungement process in Louisiana under specific conditions, which generally include:

  1. After Acquittal or Dismissal: If your case was dismissed, not prosecuted (nolle prosequi), or you were acquitted, you might be eligible to apply for an expungement immediately following these outcomes.
  2. Completion of Probation or Parole: If you were convicted of a crime that is eligible for expungement, you usually need to wait until you have completed any probation or parole associated with your sentence. There may also be a waiting period after the completion of your sentence before you can apply.
  3. Statutory Waiting Periods: For certain offenses, Louisiana law requires a waiting period after the completion of your sentence before you can apply for an expungement. This period can vary depending on the severity and nature of the offense.
  4. First Offender Pardon: If you received a first offender pardon, you might be eligible to apply for an expungement, although the pardon itself does not automatically expunge your record.

Art. 978. Motion to expunge record of arrest and conviction of a felony offense

            A. Except as provided in Paragraph B of this Article, a person may file a motion to expunge his record of arrest and conviction of a felony offense if any of the following apply:

            (1) The conviction was set aside and the prosecution was dismissed pursuant to Article 893(E).

            (2) More than ten years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the felony conviction, and the person has not been convicted of any other criminal offense for a period of at least ten years preceding the motion and has no criminal charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that, to his knowledge, the applicant has no convictions during the ten-year period immediately preceding the motion, and no pending charges under a bill of information or indictment.

            (3) The person is entitled to a first offender pardon for the offense pursuant to Article IV, Section 5(E)(1) of the Constitution of Louisiana, provided that the offense is not defined as a crime of violence pursuant to R.S. 14:2(B) or a sex offense pursuant to R.S. 15:541.

            B. No expungement shall be granted nor shall a person be permitted to file a motion to expunge the record of arrest and conviction of a felony offense if the person was convicted of the commission or attempted commission of any of the following offenses:

            (1) A crime of violence as defined by or enumerated in R.S. 14:2(B), unless otherwise authorized in Paragraph E of this Article.

            (2)(a) Notwithstanding any provision of Article 893, a sex offense or a criminal offense against a victim who is a minor as each term is defined by R.S. 15:541, or any offense which occurred prior to June 18, 1992, that would be defined as a sex offense or a criminal offense against a victim who is a minor had it occurred on or after June 18, 1992.

            (b) Any person who was convicted of carnal knowledge of a juvenile (R.S. 14:80) prior to August 15, 2001, is eligible for an expungement pursuant to the provisions of this Title if the offense for which the offender was convicted would be defined as misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1) had the offender been convicted on or after August 15, 2001. The burden is on the mover to establish that the elements of the offense of conviction are equivalent to the current definition of misdemeanor carnal knowledge of a juvenile as defined by R.S. 14:80.1. A copy of the order waiving the sex offender registration and notification requirements issued pursuant to the provisions of R.S. 15:542(F) shall be sufficient to meet this burden.

            (3) A violation of the Uniform Controlled Dangerous Substances Law, except for any of the following which may be expunged pursuant to the provisions of this Title:

            (a) A conviction for possession of a controlled dangerous substance as provided for in R.S. 40:966(C), 967(C), 968(C), or 969(C), or 970(C).

            (b) A conviction for possession of a controlled dangerous substance with the intent to distribute.

            (c) A conviction for a violation of the Uniform Controlled Dangerous Substances Law which is punishable by a term of imprisonment of not more than five years.

            (d) A conviction for a violation of the Uniform Controlled Dangerous Substances Law which may be expunged pursuant to Article 893(E).

            (e) A conviction for a violation of the Uniform Controlled Dangerous Substances Law for which the person is entitled to a first offender pardon pursuant to Article IV, Section 5(E)(1) of the Constitution of Louisiana.

            (4) The conviction was for domestic abuse battery.

            C. The motion to expunge a record of arrest and conviction of a felony offense shall be served pursuant to the provisions of Article 979.

            D. Repealed by Acts 2020, No. 78, §2.

            E.(1) Notwithstanding any other provision of law to the contrary, after a contradictory hearing, the court may order the expungement of the arrest and conviction records of a person pertaining to a conviction of aggravated battery, second degree battery, aggravated criminal damage to property, simple robbery, purse snatching, or illegal use of weapons or dangerous instrumentalities if all of the following conditions are proven by the petitioner:

            (a) More than ten years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the felony conviction.

            (b) The person has not been convicted of any other criminal offense during the ten-year period.

            (c) The person has no criminal charge pending against him.

            (d) Repealed by Acts 2020, No. 71, §2.

            (2) The motion filed pursuant to this Paragraph shall include a certification from the district attorney which verifies that, to his knowledge, the applicant has no convictions during the ten-year period and no pending charges under a bill of information or indictment. The motion shall be heard by contradictory hearing as provided by Article 980.

            F. A person shall be eligible to have more than one felony conviction expunged in a ten-year period if each felony is eligible for expungement under the provisions of this Article.

            Acts 2014, No. 145, §1; Acts 2015, No. 151, §1, eff. June 23, 2015; Acts 2015, No. 200, §1; Acts 2016, No. 125, §1, eff. May 19, 2016; Acts 2018, No. 678, §1; Acts 2019, No. 268, §1; Acts 2020, No. 71, §2; Acts 2020, No. 78, §2; Acts 2024, No. 580, §1.

Fees vary from parish to parish. Please contact us for more information.

Expungements

“Expungement” means removal of a record from public access but does not mean destruction of the record. An expunged record is confidential, but remains available for use by law enforcement agencies, criminal justice agencies, and other state agencies as stated under Louisiana law. Court orders require that a criminal arrest and conviction record be removed from access except as stated in LA Code of Criminal Procedure (La. CCrP) Article 973. The processing of expungements is a complex procedure, requiring extensive man-hours.

To begin the expungement process, forms and required documentation must be filed with the clerk of court in the parish of arrest/conviction.

Expungement is a key component in breaking the cycle of recidivism for non-violent defendants.  Expungement facilitates access to economic opportunity for thousands of Louisianans who face persistent unemployment and exclusion from social advancement after arrest. Here, an arrest creates a permanent criminal record even if no criminal charges are instituted. Approximately 92% of all employers rely on criminal background checks when making hiring decisions.  However, when a person is simply arrested in Louisiana, there is a decreased likelihood of future employment exacerbated by the stigmatization of a being labeled as a “criminal.”

Here, an arrest creates a permanent criminal record even if no criminal charges are instituted. A permanent arrest record exists even if all charges are dismissed.  Un-convicted defendants face substantial social and legal barriers in gaining or retaining employment (as do convicted defendants). Mass incarceration with its lingering stigmatization equates to a new “barrier-rich” Jim Crow system.  Having a criminal record typically prevents a person from securing employment, enrolling in school and training programs, and securing affordable housing. Loss of housing frequently blocks an incarcerated person’s ability to fully reunite with family members after release. Yet, employment, training, and family housing are essential for successful disengagement from the criminal justice system.

This stigma of criminalization leads creates burdensome societal costs: an individual’s lost earnings, lower economic growth of the community/neighborhood, lower tax revenues for the city/state, and higher government spending on repeated incarcerations and other government expenses.  Louisiana’s recidivism rate has now reached 50%.  However, an expungement for nonviolent defendants removes the stigmatization of a criminal record, enhances an individual’s legitimate hope to find meaningful employment, and effective serve in the role of “citizen” in a democratic society.  The bottom line is that those who receive an expungement are less likely to recidivate when afforded the opportunity of employment.  

In Louisiana, eligibility for expungement depends on the specific details of the arrest or conviction record. Generally, individuals may be eligible if they have completed their sentence, including any probation or parole, and a certain period has passed without further convictions. Eligibility also varies based on the type of offense, with some misdemeanors and felonies qualifying under certain conditions. However, some crimes, especially violent offenses, sex crimes, and other serious felonies, may not be eligible for expungement.

The law does not allow a refund of expungement fees if the court denies the request for expungement.

Not all types of criminal records can be expunged. The eligibility for expungement depends on various factors, including the nature of the offense, whether the conviction was for a misdemeanor or felony, the completion of the sentence, and any subsequent criminal activity. Generally, minor offenses, certain misdemeanors, and some felonies under specific conditions may be eligible for expungement. However, serious offenses such as violent crimes, sex offenses, and other major felonies often cannot be expunged.

You can begin the expungement process in Louisiana under specific conditions, which generally include:

  1. After Acquittal or Dismissal: If your case was dismissed, not prosecuted (nolle prosequi), or you were acquitted, you might be eligible to apply for an expungement immediately following these outcomes.
  2. Completion of Probation or Parole: If you were convicted of a crime that is eligible for expungement, you usually need to wait until you have completed any probation or parole associated with your sentence. There may also be a waiting period after the completion of your sentence before you can apply.
  3. Statutory Waiting Periods: For certain offenses, Louisiana law requires a waiting period after the completion of your sentence before you can apply for an expungement. This period can vary depending on the severity and nature of the offense.
  4. First Offender Pardon: If you received a first offender pardon, you might be eligible to apply for an expungement, although the pardon itself does not automatically expunge your record.

Art. 978. Motion to expunge record of arrest and conviction of a felony offense

            A. Except as provided in Paragraph B of this Article, a person may file a motion to expunge his record of arrest and conviction of a felony offense if any of the following apply:

            (1) The conviction was set aside and the prosecution was dismissed pursuant to Article 893(E).

            (2) More than ten years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the felony conviction, and the person has not been convicted of any other criminal offense for a period of at least ten years preceding the motion and has no criminal charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that, to his knowledge, the applicant has no convictions during the ten-year period immediately preceding the motion, and no pending charges under a bill of information or indictment.

            (3) The person is entitled to a first offender pardon for the offense pursuant to Article IV, Section 5(E)(1) of the Constitution of Louisiana, provided that the offense is not defined as a crime of violence pursuant to R.S. 14:2(B) or a sex offense pursuant to R.S. 15:541.

            B. No expungement shall be granted nor shall a person be permitted to file a motion to expunge the record of arrest and conviction of a felony offense if the person was convicted of the commission or attempted commission of any of the following offenses:

            (1) A crime of violence as defined by or enumerated in R.S. 14:2(B), unless otherwise authorized in Paragraph E of this Article.

            (2)(a) Notwithstanding any provision of Article 893, a sex offense or a criminal offense against a victim who is a minor as each term is defined by R.S. 15:541, or any offense which occurred prior to June 18, 1992, that would be defined as a sex offense or a criminal offense against a victim who is a minor had it occurred on or after June 18, 1992.

            (b) Any person who was convicted of carnal knowledge of a juvenile (R.S. 14:80) prior to August 15, 2001, is eligible for an expungement pursuant to the provisions of this Title if the offense for which the offender was convicted would be defined as misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1) had the offender been convicted on or after August 15, 2001. The burden is on the mover to establish that the elements of the offense of conviction are equivalent to the current definition of misdemeanor carnal knowledge of a juvenile as defined by R.S. 14:80.1. A copy of the order waiving the sex offender registration and notification requirements issued pursuant to the provisions of R.S. 15:542(F) shall be sufficient to meet this burden.

            (3) A violation of the Uniform Controlled Dangerous Substances Law, except for any of the following which may be expunged pursuant to the provisions of this Title:

            (a) A conviction for possession of a controlled dangerous substance as provided for in R.S. 40:966(C), 967(C), 968(C), or 969(C), or 970(C).

            (b) A conviction for possession of a controlled dangerous substance with the intent to distribute.

            (c) A conviction for a violation of the Uniform Controlled Dangerous Substances Law which is punishable by a term of imprisonment of not more than five years.

            (d) A conviction for a violation of the Uniform Controlled Dangerous Substances Law which may be expunged pursuant to Article 893(E).

            (e) A conviction for a violation of the Uniform Controlled Dangerous Substances Law for which the person is entitled to a first offender pardon pursuant to Article IV, Section 5(E)(1) of the Constitution of Louisiana.

            (4) The conviction was for domestic abuse battery.

            C. The motion to expunge a record of arrest and conviction of a felony offense shall be served pursuant to the provisions of Article 979.

            D. Repealed by Acts 2020, No. 78, §2.

            E.(1) Notwithstanding any other provision of law to the contrary, after a contradictory hearing, the court may order the expungement of the arrest and conviction records of a person pertaining to a conviction of aggravated battery, second degree battery, aggravated criminal damage to property, simple robbery, purse snatching, or illegal use of weapons or dangerous instrumentalities if all of the following conditions are proven by the petitioner:

            (a) More than ten years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the felony conviction.

            (b) The person has not been convicted of any other criminal offense during the ten-year period.

            (c) The person has no criminal charge pending against him.

            (d) Repealed by Acts 2020, No. 71, §2.

            (2) The motion filed pursuant to this Paragraph shall include a certification from the district attorney which verifies that, to his knowledge, the applicant has no convictions during the ten-year period and no pending charges under a bill of information or indictment. The motion shall be heard by contradictory hearing as provided by Article 980.

            F. A person shall be eligible to have more than one felony conviction expunged in a ten-year period if each felony is eligible for expungement under the provisions of this Article.

            Acts 2014, No. 145, §1; Acts 2015, No. 151, §1, eff. June 23, 2015; Acts 2015, No. 200, §1; Acts 2016, No. 125, §1, eff. May 19, 2016; Acts 2018, No. 678, §1; Acts 2019, No. 268, §1; Acts 2020, No. 71, §2; Acts 2020, No. 78, §2; Acts 2024, No. 580, §1.

Fees vary from parish to parish. Please contact us for more information.