Can I expunge a conviction in Louisiana

⚖️ Overview

Yes, you can expunge a conviction in Louisiana, but only under specific circumstances. Louisiana law provides pathways to expunge both misdemeanor and felony convictions, but the process is more restrictive than expunging an arrest record. The legal framework for conviction expungement is found in Louisiana Code of Criminal Procedure Articles 977 and 978, which set forth the eligibility requirements, waiting periods, and offenses that are ineligible for expungement.

Understanding whether your conviction qualifies is the critical first step. The answer depends on several factors: whether the conviction is a misdemeanor or felony, how much time has passed since you completed your sentence, whether you have other convictions, and the nature of the offense itself. Some convictions—including crimes of violence, sex offenses, and domestic abuse battery—are never eligible for expungement.

👥 Who Qualifies for Expungement in Louisiana

Louisiana law provides specific eligibility criteria for expunging convictions. The rules differ based on whether the conviction is a misdemeanor or felony, the waiting period, and the nature of the offense.

1️⃣ Misdemeanor Convictions – Five-Year Waiting Period

A person may file a motion to expunge a misdemeanor conviction if the following conditions are met:

• ✓ Five years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the misdemeanor conviction.
• ✓ The person has not been convicted of any other criminal offense during the five-year period.
• ✓ The person has no criminal charge pending against them.

Lifetime limit: A person may expunge only one misdemeanor conviction within a five-year period.

2️⃣ Felony Convictions

Felony convictions may be expunged under these specific circumstances:

• ✓ Conviction set aside under Article 893(E): The conviction was set aside and the prosecution dismissed pursuant to Article 893(E). This is available for first-offense noncapital felonies where the person successfully completed probation. The dismissal has the same effect as an acquittal.
• ✓ Ten-year waiting period: More than ten years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole, and the person has not been convicted of any other criminal offense during that period and has no pending charges. A certification from the district attorney verifying these facts must be included with the motion.
• ✓ First offender pardon: The person is entitled to a first offender pardon, provided the offense is not a crime of violence or a sex offense.

Lifetime limit: A person may expunge only one felony conviction in their lifetime.

3️⃣ 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:

• 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: more than ten years have elapsed since completing any sentence, the person has not been convicted of any other criminal offense during the ten-year period, and the person has no criminal charge pending.

4️⃣ First Offense Marijuana Possession

Louisiana has special provisions for first-offense possession of marijuana. This misdemeanor conviction is eligible for expungement with a reduced fee of $300 (rather than the standard $550). This provision terminates on August 1, 2026.

5️⃣ DWI Convictions

A person may expunge only one DWI conviction in a ten-year period. The standard waiting period and other eligibility requirements apply.

❌ Who Does NOT Qualify – Ineligible Convictions

No expungement shall be granted for convictions for the following offenses:

• ✗ Crimes of violence as defined in R.S. 14:2(B), unless otherwise specifically authorized
• ✗ Sex offenses requiring registration under R.S. 15:540 et seq.
• ✗ Offenses against minors as defined in R.S. 15:541
• ✗ Domestic abuse battery as defined in R.S. 14:35.3
• ✗ Stalking as defined in R.S. 14:40.2
• ✗ Certain controlled dangerous substance violations, with limited exceptions for possession offenses

🌟 Benefits of Expungement in Louisiana

✅ 1. Improved Employment Opportunities

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

✅ 2. Better Housing Access

Landlords frequently reject rental applications based on criminal histories. Clearing conviction records improves access to apartments and housing programs.

✅ 3. Professional Licensing Advantages

While some licensing 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 convictions often continue appearing online. Expungement helps individuals restore personal and professional reputation.

✅ 5. Peace of Mind and Legal Denial

Once a conviction is expunged, the individual can generally deny that the conviction occurred, except in limited situations involving law enforcement, prosecutors, judges, or certain licensing boards.

🧾 Step-by-Step Process (Steps 1–10)

⚖️ Step 1: Determine Whether the Case Qualifies

The first step is reviewing eligibility under Louisiana law. The applicant must confirm that the conviction falls within a category eligible for expungement. This includes verifying the final disposition, determining the applicable waiting period, and ensuring no related charges remain pending.

Applicants must also check whether they have used their lifetime limits—only one felony conviction per lifetime, one misdemeanor conviction per five-year period, and one DWI conviction per ten-year period. The law does not allow a refund of expungement fees if the court denies the request, so confirming eligibility upfront is essential.

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 through the Louisiana Bar Association’s Modest Means Directory. The clerk of court cannot help determine eligibility for expungement.

📂 Step 2: Obtain Criminal Case Records

Applicants should gather all records related to the conviction, including arrest reports, booking information, case numbers, court judgments, 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 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.

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: Obtain a Background Check

You must obtain a state background check and fingerprint-based verification before filing your expungement. The Louisiana State Police is the agency responsible for maintaining criminal history records in Louisiana. You will need to request a background check specifically for expungement purposes.

Key points for the background check: The background check document will expire in 60 days. You must plan to file your expungement documents with the background check attached within that timeframe to avoid additional costs. There is a fee for the background check, payable to the Louisiana State Police. If you are eligible for a fee waiver, the form from the District Attorney must be attached to the expungement packet.

📄 Step 4: Obtain District Attorney Certification

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 misdemeanor conviction expungements, the motion must include a certification from the district attorney verifying no felony convictions during the five-year period and no pending felony charges.

Bring a form of photo identification with you to the District Attorney’s office. While this is required under law, not all clerks require it before filing. You will need to check with your local clerk of court and district attorney’s office to determine if this step is needed.

🏛️ Step 5: Prepare the Motion for Expungement

You must draft a formal Motion for Expungement. The motion form can be obtained from the Clerk of Court’s office or downloaded from the court’s website. The motion must identify 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.

Critical details for the motion: The date maintained in the Louisiana State Rap sheet is the date the arresting/booking agency collected the fingerprints. The expungement form must reflect this date for the record to be correctly identified. The original charge at the time of arrest should be placed on the motion, even if it was later amended. If you were booked or convicted of more than one count, all counts should be included.

You must check with the clerk of court to determine how many copies are required at the time of filing.

📬 Step 6: 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. Various courts have authority to expunge records within their trial jurisdiction, including district courts, city or parish courts, mayor’s courts and traffic courts, juvenile and family courts, and municipal and traffic courts of New Orleans.

The clerk will assign a cause number and collect filing fees, unless a fee waiver is obtained. Submit all paperwork with the appropriate court and ensure you receive documentation confirming your filing.

📤 Step 7: 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 the 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, a contradictory hearing shall be conducted with the district attorney and any agency whose records are sought to be expunged.

🧑‍⚖️ Step 8: 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.

Once the motion is filed with the Clerk of Court, it will be forwarded to the appropriate section of court and a hearing date may be set. You and/or your attorney will need to be present in court on that day unless otherwise contacted by the Court.

🧾 Step 9: Order Sent 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” from public access. The order also directs that the record “shall be confidential and no longer considered a public record.”

The Louisiana Bureau of Criminal Identification and Information is responsible for processing court-ordered expungements that require modification of criminal history records. Once expungement is granted, you will be provided with certified copies which may be obtained from the Clerk of Court.

🔄 Step 10: Verify and Monitor 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.

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.

Louisiana law allows the individual to legally deny that the 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

The statutory fee for an expungement in Louisiana is $550, divided among agencies as follows:

• Louisiana Bureau of Criminal Identification and Information: $250
• Clerk of Court: Up to $200
• Sheriff: $50
• District Attorney: $50

Fees are nonrefundable and will not be returned even if the court does not grant the motion for expungement.

Reduced Fees – 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.

DWI Expungement Fee

There is an additional $50 fee to expunge a conviction for Driving While Intoxicated, paid to the Office of Motor Vehicles.

Fee Waivers and Exemptions

Juvenile Drug Court: A juvenile who has successfully completed any juvenile drug court program is exempt from all processing fees.

Human Trafficking Victims: Human trafficking victims with district attorney certification are exempt from processing fees.

Wrongful Conviction: Persons determined factually innocent and entitled to compensation for wrongful conviction are exempt from processing fees.

Pardons: Persons granted a pardon (other than a first offender pardon) are exempt from processing fees.

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.

Background check validity: The background check must be dated within 60 days of filing.

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.

⚠️ 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 Convictions

• Crimes of violence generally cannot be expunged
• Sex offenses requiring registration cannot be expunged
• Offenses against minors cannot be expunged
• Domestic abuse battery cannot be expunged
• Certain controlled dangerous substance violations cannot be expunged

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 arrest dates (the date the fingerprints were collected), missing agencies in the petition, incorrect personal information, and failure to include required documentation, such as the district attorney certification for felony and misdemeanor conviction expungements.

2. No Fee Refunds

The fees are nonrefundable and will not be returned even if the court does not grant the motion. This makes confirming eligibility upfront critical.

3. Background Check Expiration

The background check document will expire in 60 days. You must plan to file your expungement documents within that timeframe.

4. 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.).

5. Pending Criminal Charges

Applicants with pending criminal charges cannot obtain expungement.

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. Multiple Charges from One Arrest

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

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. Phone: 504-273-1091. 4035 Washington Avenue, Suite 203, New Orleans, Louisiana 70125.
• “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.
• Louisiana State Police – Bureau of Criminal Identification and Information: Maintains statewide criminal history databases; Attn: Expungements, 7919 Independence Blvd., Baton Rouge, LA 70806.
• Orleans Parish Criminal District Court: 2700 Tulane Avenue, Room 210, New Orleans, LA 70119. Attn: Expungement Clerk.
• 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.

In conclusion, expunging a conviction in Louisiana is possible but requires careful attention to eligibility requirements, waiting periods, and lifetime limits. Misdemeanor convictions generally require a five-year waiting period, while felony convictions require a ten-year waiting period or a first offender pardon. Convictions for crimes of violence, sex offenses, offenses against minors, and domestic abuse battery are never eligible. Understanding the specific requirements for your conviction and working with legal resources can help you determine whether you qualify and guide you through the process.