Can a felony be expunged in Louisiana

⚖️ Overview

Yes, a felony can be expunged in Louisiana under specific circumstances, but the process is more restrictive than for misdemeanors. Louisiana law provides several pathways to expunge a felony conviction, including through the ten-year waiting period, first offender pardons, and certain sentencing provisions under Article 893(E). However, many serious felony offenses—including crimes of violence, sex offenses, and certain drug offenses—are categorically ineligible for expungement.

The legal framework for felony expungement is found primarily in Louisiana Code of Criminal Procedure Article 978, which sets forth the eligibility requirements, waiting periods, and offenses that are ineligible for expungement. Understanding these rules is essential before beginning the process.

👥 Who Qualifies for Expungement in Louisiana

Louisiana law provides specific eligibility criteria for felony expungement. The rules depend on how the case was resolved and the nature of the offense.

1️⃣ Felony Conviction Set Aside Under Article 893(E)

If a felony conviction was set aside and the prosecution was dismissed pursuant to Article 893(E), the person may immediately file a motion to expunge the record[citation:1][citation:2]. Article 893(E) allows a court to defer sentencing for a first-offense noncapital felony and, upon successful completion of probation, set aside the conviction and dismiss the prosecution[citation:2]. This dismissal has the same effect as an acquittal and opens the door for immediate expungement[citation:2].

2️⃣ Ten-Year Waiting Period

A person may file a motion to expunge a felony conviction if 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[citation:1][citation:6]. Additionally, the person must:

• Not have been convicted of any other criminal offense during the ten-year period[citation:1]
• Have no criminal charge pending against them[citation:1]

The motion must include a certification from the district attorney verifying that, to their knowledge, the applicant has no convictions during the ten-year period and no pending charges[citation:1][citation:3].

3️⃣ First Offender Pardon

A person who is entitled to a first offender pardon for a felony offense may seek expungement, provided that the offense is not a crime of violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541[citation:1][citation:6].

4️⃣ Special Provision for Certain Felonies

After a contradictory hearing, the court may order the expungement of arrest and conviction records for convictions of the following offenses if specific conditions are met[citation:1][citation:6]:

• Aggravated battery
• Second degree battery
• Aggravated criminal damage to property
• Simple robbery
• Purse snatching
• Illegal use of weapons or dangerous instrumentalities

The conditions for this special provision include[citation:1][citation:3]:

• More than ten years have elapsed since completing any sentence, deferred adjudication, or period of probation or parole
• The person has not been convicted of any other criminal offense during the ten-year period
• The person has no criminal charge pending against them

❌ Who Does NOT Qualify – Ineligible Felony Offenses

No expungement shall be granted for felony convictions for the following offenses[citation:1][citation:6]:

• Crimes of violence as defined by or enumerated in R.S. 14:2(B), unless otherwise specifically authorized[citation:1]
• Sex offenses or criminal offenses against a victim who is a minor as defined in R.S. 15:541[citation:1]
• Certain violations of the Uniform Controlled Dangerous Substances Law, with specific exceptions including:
  • Possession of a controlled dangerous substance (R.S. 40:966(C), 967(C), 968(C), 969(C), or 970(C))
  • Violations punishable by a term of imprisonment of not more than five years
  • Violations that may be expunged pursuant to Article 893(E)
  • Violations for which the person is entitled to a first offender pardon[citation:1]
• Domestic abuse battery[citation:1]

🌟 Benefits of Expungement in Louisiana

✅ 1. Improved Employment Opportunities

Most employers conduct background checks before hiring. Expungement removes eligible criminal records from public databases, allowing applicants to compete fairly for jobs. After expungement, individuals can legally deny the arrest or conviction in most employment situations, which significantly expands job opportunities.

✅ 2. Better Housing Access

Landlords frequently reject rental applications based on criminal histories. Clearing records improves access to apartments and housing programs, making it easier to secure safe and affordable housing.

✅ 3. Professional Licensing Advantages

While some licensing boards—including medical, nursing, dental, pharmacy, and social work boards—may still access expunged records, expungement removes the record from public view and can help with many licensing applications.

✅ 4. Restoration of Reputation

Old arrests and convictions often continue appearing online even when charges were dropped. Expungement helps individuals restore personal and professional reputation, allowing them to move forward without the stigma of a criminal record.

✅ 5. Peace of Mind and Legal Denial

Once records are expunged, the individual can generally deny that the arrest or conviction occurred, except in limited situations involving law enforcement, prosecutors, judges, or certain licensing boards. This provides peace of mind and legal protection.

🧾 Step-by-Step Process (Steps 1–10)

⚖️ Step 1: Determine Whether the Case Qualifies

The first and most important step is reviewing eligibility under Louisiana Code of Criminal Procedure Article 978. The applicant must confirm that the felony conviction falls within a category eligible for expungement. This includes verifying the final disposition, checking whether charges were filed, determining the applicable waiting period, and ensuring no related charges remain pending.

Applicants must also check whether they have used their lifetime limit—only one felony conviction can be expunged per lifetime. Additionally, the applicant must verify that the offense is not one of the ineligible categories, such as crimes of violence, sex offenses, or certain drug offenses.

Help determining eligibility: Contact an attorney, attend a Justice and Accountability Center of Louisiana workshop, use the mobile application “CLEAN JACKET,” or search for a low-cost private attorney. The clerk of court cannot help determine eligibility for expungement.

📂 Step 2: Obtain Criminal Case Records

Applicants should gather all records related to the arrest or case, including arrest reports, booking information, case numbers, court dismissal orders, judgments or acquittal documents, and sentencing information with completion dates. These documents are essential for accurately identifying all agencies that hold records and for preparing a complete and accurate motion.

Start by requesting a copy of the minutes of the case from the clerk of court’s office in the parish where the arrest or conviction occurred. The minutes contain valuable information for determining eligibility, including the final disposition and sentencing details. Many parish clerk of court offices list their records request procedures online. Be prepared to know the case number, date of arrest or conviction, and other personal details.

Accurate case records are critical because expungement petitions must identify every agency possessing records. Missing agencies may continue retaining records even after expungement is granted, undermining the effectiveness of the order.

📝 Step 3: Prepare the Motion for Expungement

The applicant must draft a formal Motion for Expungement identifying the petitioner’s full legal name, date of birth, driver’s license number or other identification, arrest date and charges, case disposition, and all agencies holding records. The motion must be substantially in the form provided in the Code of Criminal Procedure—errors will result in rejection and require re-filing.

For felony conviction expungements, the motion must include a certification from the district attorney verifying that the applicant has no convictions during the required period and no pending charges. For expungements under the ten-year waiting period, the motion must include a certification from the district attorney verifying no convictions during the ten-year period and no pending charges.

For Article 893(E) expungements, the motion must be supported by documentation that the conviction was set aside and the prosecution dismissed. For first offender pardon expungements, the motion must include proof of the pardon.

🏛️ Step 4: File the Motion in the Correct Court

The motion must be filed with the court possessing the records, or with the court exercising jurisdiction over the arresting agency. Filing in the wrong court can result in dismissal or delay. The clerk will assign a cause number and collect filing fees, unless a fee waiver is obtained.

For cases in New Orleans, the appropriate court depends on the jurisdiction: Criminal District Court, Magistrate Court, Traffic Court, or Municipal Court. The clerk will also schedule the matter for review or a contradictory hearing. Some parishes permit e-filing, while others require physical filing.

The clerk collects all fees at the time of filing, including the Louisiana Bureau of Criminal Identification and Information fee ($250), sheriff’s fee ($50), district attorney’s fee ($50), and clerk of court fee (up to $200), for a total not exceeding $550. These fees are nonrefundable.

📬 Step 5: Serve Notice on Government Agencies

Louisiana law requires notice to all agencies involved in the arrest or prosecution. The motion must be served personally or by domiciliary service, or by United States mail or electronic means, on the district attorney, the clerk of court whose records are sought to be expunged, and the head of any agency whose records are sought to be expunged—including the Federal Bureau of Investigation, the Louisiana Bureau of Criminal Identification and Information, the Department of Public Safety and Corrections, and local law enforcement agencies.

Agencies may file an affidavit of response objecting to the motion. If an agency objects, the court must conduct a contradictory hearing. Proper service is critical—failure to notify all relevant agencies may result in the motion being denied or records remaining publicly accessible. Applicants should keep proof of service for their records.

After service, the applicant must await the response period, during which agencies can either file objections or indicate no opposition. Uncontested motions may proceed more quickly through the process.

🧑‍⚖️ Step 6: Court Review and Hearing

The court will review the motion. If any person or agency objects to the motion, a contradictory hearing is conducted. During the hearing, the court reviews eligibility requirements, case records, and any objections from prosecutors or agencies. The burden is on the applicant to prove eligibility and compliance with all statutory requirements.

If the petitioner meets all legal requirements and no objections are sustained, the judge signs an Order of Expungement. The court may also deny the motion for specific reasons identified in the statute, including waiting periods not yet satisfied, ineligible offenses, pending charges, or prior expungements exceeding lifetime limits.

For uncontested motions, the court may grant the expungement based on affidavits of no opposition, without requiring extensive testimony. However, the court has discretion to require a hearing in any case. The applicant should be prepared to present documentary evidence of eligibility, including the certification from the district attorney for felony conviction expungements.

📤 Step 7: Court Sends the Order to Agencies

After approval, the court sends the order to all agencies possessing records. The standard order requires all agencies to “expunge the record of arrest/conviction and any photographs, fingerprints, or any other such information of any kind.” The order also directs that the record “shall be confidential and no longer considered a public record.”

The agencies must remove the record from public access. However, the record is not destroyed—law enforcement agencies, prosecutors, and judges may still access the record for law enforcement purposes. The Louisiana Bureau of Criminal Identification and Information updates statewide criminal databases to reflect the expungement.

The clerk of court distributes certified copies of the order to all identified agencies. Agencies are legally required to comply with the order, but the timeline for compliance may vary. The applicant should confirm that the order has been properly served on all agencies and follow up with any agency that does not appear to have taken action.

🧾 Step 8: Verify Record Removal

Applicants should confirm that records no longer appear in county court databases, background check systems, online inmate searches, and commercial databases. Private background-check companies may retain data even after official records are expunged, requiring separate removal requests. This verification step is essential because errors in agency compliance could result in the record still appearing in public searches.

The Louisiana State Police and Louisiana Bureau of Criminal Identification and Information should update their records after receiving the order. Applicants can request a criminal history background check on themselves to verify that the expunged record no longer appears. If the record still appears, the applicant should contact the agency that failed to comply and provide a certified copy of the expungement order.

For private background companies, the applicant may need to send a certified copy of the expungement order and request removal of the outdated record. Some companies have procedures for correcting background check errors, and the expungement order provides legal authority to demand removal from commercial databases.

📄 Step 9: Keep Certified Copies of the Expungement Order

Even after records are removed from public access, applicants should keep certified copies of the motion, the signed order, and proof of filing. These documents serve as essential legal proof that the expungement was granted and may be needed to resolve future background check errors or to demonstrate eligibility to deny the arrest or conviction.

Certified copies can be obtained from the clerk of court and should be stored in a safe location. These documents can help the applicant in situations where a background check incorrectly reveals the expunged record or when an employer or landlord asks about criminal history.

In Louisiana, expunged records remain accessible to law enforcement, prosecutors, and certain licensing boards. The certified order can help clarify the legal status of the record when dealing with those entities. Additionally, if an agency fails to comply with the expungement order, the certified copy provides the basis for seeking legal enforcement of the order.

🔄 Step 10: Monitor Future Background Checks

Applicants should periodically review background reports to ensure expunged information no longer appears. If agencies fail to comply, additional court action may be necessary. This ongoing monitoring is particularly important because private background companies sometimes update their databases slowly or not at all.

If the expunged record appears on a background check used for employment or housing, the applicant can provide a certified copy of the expungement order to the employer or landlord to prove the record was legally removed from public access. The applicant may also file a motion with the court to compel compliance by any agency that has not removed the record.

Louisiana law allows the individual to legally deny that the arrest or conviction occurred after expungement. However, if the record reappears, the applicant must be prepared to address it proactively. Regular monitoring and prompt corrective action help ensure the expungement provides the full benefit intended under the law.

💰 Costs Associated with Expungement in Louisiana

Louisiana expungement costs are governed by Article 983 of the Code of Criminal Procedure. The total cost to obtain an expungement order shall not exceed $550.

Reduced Fees for First Offense Marijuana Possession

The total cost for expungement of a first-offense marijuana possession misdemeanor conviction is $300 (BCII: $50, Sheriff: $50, DA: $50, Clerk: $150). This provision terminates on August 1, 2026.

Multiple Offenses from Same Arrest

If an expungement includes two or more offenses arising out of the same arrest (misdemeanors, felonies, or both), the applicant is required to pay only one fee.

Fee Waivers and Exemptions

No Fees Required (Arrests Only): An applicant is not required to pay any fees if the district attorney certifies that the applicant has no felony convictions and no pending felony charges, AND one of these applies: acquittal after trial; district attorney consent to dismissal (unless pretrial diversion); arrest not prosecuted within time limits (unless pretrial diversion); or identity theft victim.

Automatic Exemptions: Juveniles who complete a juvenile drug court program; persons eligible for expedited expungement; human trafficking victims with DA certification; persons determined factually innocent and entitled to wrongful conviction compensation; and persons granted a pardon (not a first offender pardon).

In Forma Pauperis (IFP) Fee Waiver

An applicant may proceed in forma pauperis (IFP) if they cannot afford the filing fees. To apply: gather income, benefits, bills, and property information; find a third-party affiant (18+ who can swear under oath they know the applicant’s financial situation); have the IFP affidavit notarized; and attach it to the motion. If the applicant receives income-based government benefits (SNAP, SSI) or household income is below 125% of the Federal Poverty Level, the judge should presume eligibility.

⏱️ Time Required for the Expungement Process

The expungement process in Louisiana generally takes between 6 and 12 months, depending on court backlog, number of agencies involved, whether objections are filed, and the complexity of the criminal history. Simple dismissal cases may move more quickly, while contested petitions can take much longer.

Automated Expungement: Beginning January 1, 2025, individuals may submit a request through the Louisiana Bureau of Criminal Identification and Information for automated expungement of eligible records. Within 30 days of receipt, the Bureau must expunge any eligible records and send them to the Louisiana Supreme Court Case Management Information System.

⚠️ Limitations of Louisiana Expungement

1. Lifetime Caps on Expungements

• Only ONE felony conviction can be expunged in a lifetime.
• Only ONE misdemeanor conviction can be expunged within a five-year period.
• Only ONE DWI conviction can be expunged in a ten-year period.

2. Ineligible Felony Offenses

• Crimes of violence as defined in R.S. 14:2(B) generally cannot be expunged.
• Sex offenses requiring registration cannot be expunged.
• Offenses against minors defined in R.S. 15:541 cannot be expunged.
• Domestic abuse battery cannot be expunged.
• Certain controlled dangerous substance violations cannot be expunged, though some drug possession offenses may be eligible.

3. Expungement Does Not Mean Destruction

In Louisiana, expungement “does not mean destruction of the record.” The record remains confidential and accessible to law enforcement agencies, prosecutors, courts, judges, and certain professional licensing boards.

4. Government Agencies Can Still Access

Expunged records may still be available to: the applicant or their counsel; law enforcement for investigating, prosecuting, or enforcing criminal law; and various state agencies including the Office of Financial Institutions, Louisiana State Board of Medical Examiners, Louisiana State Board of Nursing, Louisiana State Board of Dentistry, and Louisiana Board of Pharmacy.

5. Private Background Companies

Private background-check companies may continue displaying outdated records. Applicants sometimes need to contact those companies separately after the expungement order is granted.

6. First Offender Pardon Limitations

A person granted a first offender pardon is not exempt from processing fees, and the offense must not be a crime of violence or sex offense.

🚧 Risks and Unexpected Problems

1. Errors in Paperwork

Errors will result in rejection and require re-filing. Common errors include incorrect case numbers, missing agencies in the petition, incorrect personal information, and failure to include required documentation, such as the district attorney certification for felony conviction expungements.

2. No Fee Refunds

The fees provided for by Article 983 are “nonrefundable and shall not be returned even if the court does not grant the motion for expungement.” This makes confirming eligibility upfront critical.

3. Incomplete Eligibility Verification

Applicants may mistakenly believe they qualify when they do not: filing before waiting periods expire; overlooking prior convictions that disqualify the applicant; or not realizing the offense is ineligible (crime of violence, sex offense, etc.).

4. Pending Criminal Charges

Applicants with pending criminal charges cannot obtain expungement.

5. Multiple Charges from One Arrest

If multiple charges arise from the same arrest and some are ineligible, the entire expungement may be denied.

6. Objections from Agencies

Any person or agency can object to the motion, requiring a contradictory hearing.

7. Confusion Between Expungement and Sealing

Louisiana law treats expungement as removal from public access, but records are not destroyed and remain accessible to certain entities.

8. Automated Expungement Limitations

The automated expungement process (beginning January 1, 2025) does not guarantee all eligible records will be identified, and an individual eligible for an automated expungement shall not have a cause of action for any damages resulting from the omission of their records in the process.

9. First Offender Pardon Fee Issue

A first offender pardon does not automatically waive fees; the applicant must still pay the full $550 unless another exemption applies.

📚 Louisiana Legal Resources and Assistance

• LouisianaLawHelp.org: Provides free legal guides, eligibility information, and self-help expungement resources for Louisiana residents.
• Justice and Accountability Center of Louisiana (JAC): Offers workshops, events, and assistance with expungement. May help with IFP applications in certain parishes. Phone: 504-273-1091.
• “CLEAN JACKET” Mobile Application: Available for download to help determine eligibility and assist with the expungement process.
• Louisiana Bar Association Modest Means Directory: Search for low-cost private attorneys.
• Clerk of Court Offices: Provide filing instructions, hearing schedules, and access to case records. Contact the appropriate court where the case was handled.
• New Orleans Courts: Criminal District Court (504-658-9049), Magistrate Court (504-658-9025), Traffic Court (504-658-9397), Municipal Court (504-658-9700).
• Louisiana State Police: For state police records, contact 1-225-925-6040.
• Louisiana Bureau of Criminal Identification and Information: Maintains statewide criminal history databases affected by expungement orders; charges $250 processing fee.
• In Forma Pauperis (IFP) Assistance: Use the Justice and Accountability IFP Affidavit Generator or the Fee Delayer App to prepare IFP affidavits.

In conclusion, felony expungement is possible in Louisiana through specific pathways, including Article 893(E) set-asides, the ten-year waiting period, first offender pardons, and special provisions for certain offenses. However, many serious felonies—including crimes of violence, sex offenses, and certain drug offenses—are categorically ineligible. Understanding the eligibility requirements and working with legal resources can help applicants navigate this complex process successfully.