How to expunge an arrest record in Louisiana

⚖️ Overview

Expunging an arrest record in Louisiana is a legal process that removes the record of an arrest from public access. Under Louisiana Code of Criminal Procedure Article 972, expungement means “to remove a record of arrest or conviction, photographs, fingerprints, disposition, or any other information of any kind from public access.” The law explicitly states that expungement does not mean destruction of the record—it makes the record confidential and removes it from public view.

Once an arrest record is expunged, the individual can legally deny or not disclose the past arrest in most situations, such as when applying for a job or renting a house. However, expunged records remain available to law enforcement agencies, prosecutors, judges, and certain professional licensing boards for lawful purposes, including use as a predicate offense under the Habitual Offender Law.

👥 Who Qualifies for Expungement in Louisiana

Louisiana law provides specific eligibility criteria for expunging arrest records. The rules differ based on how the case was resolved and the type of offense involved.

1️⃣ Expedited Expungement – No Cost

Beginning in 2025, Louisiana law provides for an expedited expungement process for certain individuals at no cost. A person is entitled to expedited expungement of their arrest if they meet all of the following conditions:

• The district attorney declined to prosecute all offenses arising out of that arrest, including the reason that the person successfully completed a pretrial diversion program.
• Prosecution was instituted and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.

2️⃣ Arrests Without Conviction – Standard Process

Individuals can apply for expungement after an arrest that did not result in a conviction, provided the outcome falls into one of these categories:

• Acquittal: The person was found not guilty after trial.
• Dismissal: The case was dismissed or not prosecuted.
• Identity Theft: The person was determined by the district attorney to be a victim of identity theft or similar crimes.

For these types of arrests, the applicant may be eligible immediately following the outcome.

3️⃣ Felony Arrests – Interim Expungement

Louisiana law provides for an “interim expungement” which allows a person to expunge a felony arrest from their criminal history if they were subsequently convicted of a misdemeanor offense arising out of the original felony arrest. Only the original felony arrest may be expunged in an interim expungement.

4️⃣ Juvenile Arrest Records

Juvenile arrest records may be expunged under specific conditions. A person may move for the expungement and sealing of their records and reports. The motion must be filed with the court possessing the records and served on the district attorney, the clerk of court, and the head of any agency whose records are sought to be expunged.

❌ Who Does NOT Qualify

Arrest records for the following categories of offenses generally cannot be expunged:

• Crimes of violence as defined in R.S. 14:2(B)
• Sex offenses requiring registration under R.S. 15:540 et seq.
• Offenses against minors as defined in R.S. 15:541
• Certain controlled dangerous substance violations

Additionally, applicants with pending criminal charges cannot apply for expungement.

🌟 Benefits of Expungement in Louisiana

✅ 1. Improved Employment Opportunities

Most employers conduct background checks before hiring. Expungement removes eligible arrest records from public databases, allowing applicants to compete fairly for jobs. After expungement, individuals can legally deny the arrest in most employment situations. The Louisiana Legislature has recognized that the inability to obtain an expungement can prevent certain individuals from obtaining gainful employment, making this a critical benefit for those seeking to reenter the workforce.

✅ 2. Better Housing Access

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

✅ 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. This is particularly important for individuals seeking Transportation Worker Identification Credentials (TWIC) for employment at ports or on regulated vessels.

✅ 4. Restoration of Reputation

Old arrests often continue appearing online even when charges were dropped. Expungement helps individuals restore personal and professional reputation.

✅ 5. Peace of Mind and Legal Denial

Once records are expunged, the individual can generally deny that the arrest 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 and most important step is reviewing eligibility under Louisiana law. The applicant must confirm that the arrest falls within a category eligible for expungement. This includes verifying the final disposition—whether the case was dismissed, not prosecuted, or resulted in acquittal—and ensuring no related charges remain pending.

Applicants should also check whether they qualify for the new expedited expungement process, which is available at no cost for certain individuals whose cases were dismissed or not prosecuted. 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 arrest, including arrest reports, booking information, case numbers, and court disposition documents. 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 occurred. The minutes contain valuable information for determining eligibility, including the final disposition. Many parish clerk of court offices list their records request procedures online. Be prepared to know the case number, date of arrest, 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: 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 30 days. You must plan to file your expungement documents with the background check attached within 30 days of obtaining it to avoid additional costs. There is a $250 fee for the background check, payable by money order 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.

You can get your fingerprints taken at your local police station or through a private provider. The Louisiana State Police website can provide a list of authorized fingerprinting services.

📄 Step 4: Obtain District Attorney Certification (If Required)

For standard arrest expungements, you may need to go to the District Attorney’s office to obtain an expungement certification. For arrests only, you must go to the District Attorney’s office to request a fee waiver certification. Bring a form of photo identification with you.

For felony or misdemeanor conviction-related expungements, you must also obtain a certification from the District Attorney verifying that you have no convictions during the waiting period and no pending charges. This certification must be attached to the motion.

🏛️ 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 (criminal history record) 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 on more than one count, all counts should be included in the motion.

For expedited expungement, the process is different—a judge may sign the order without the individual filing a motion with the clerk of court.

📬 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.

📤 Step 7: Serve Notice on Government Agencies

Louisiana law requires notice to all agencies involved in the arrest. 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. Proper service is critical—failure to notify all relevant agencies may result in the motion being denied or records remaining publicly accessible.

🧑‍⚖️ 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 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. The Clerk of Court will mail a notice of the court date.

🧾 Step 9: 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 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. The Bureau processes these orders and updates statewide criminal databases to reflect the expungement.

Once expungement is granted, you will be provided with 2 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 arrest 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 processing fee for an expungement in Louisiana is $550. This fee covers the administrative costs of processing the expungement across multiple government agencies.

Fee Waivers and Exemptions

Expedited Expungement – No Cost: A person eligible for expedited expungement is exempt from the payment of all processing fees.

Arrests Only – Fee Waiver: For arrests only, fee waivers may be requested through the District Attorney’s Office. If the district attorney certifies that the applicant has no felony convictions and no pending felony charges, and the case resulted in acquittal, dismissal with DA consent, or no prosecution within time limits, fees are not required.

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 DA certification 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 case.

Important timeline considerations: The background check document will expire in 30 days. You must plan to file your expungement documents with the background check attached within 30 days of obtaining it to avoid paying costs or additional fees.

Agency processing: The Louisiana Bureau of Criminal Identification and Information processes expungements in the order received. The processing of expungements is a complex procedure requiring extensive man-hours.

⚠️ Limitations of Louisiana Expungement

1. 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. 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.

2. Ineligible 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
• Certain controlled dangerous substance violations cannot be expunged

3. Lifetime Caps

• 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

4. 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.

5. One Individual Per Motion

Only one individual may have something expunged per motion; only charges arising out of the same date of arrest may be expunged per motion.

🚧 Risks and Unexpected Problems

1. Errors in Paperwork

Errors will result in rejection and require re-filing. Common errors include incorrect arrest dates, missing agencies in the petition, incorrect personal information, and failure to include required documentation. 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.

2. No Fee Refunds

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

3. Background Check Expiration

The background check document will expire in 30 days. You must plan to file your expungement documents within 30 days of obtaining your background check to avoid paying costs or additional fees.

4. Incomplete Eligibility Verification

Applicants may mistakenly believe they qualify when they do not: not realizing the offense is ineligible (crime of violence, sex offense, etc.) or having pending charges that disqualify them.

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. May help with IFP applications in certain parishes. 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.
• Clerk of Court Offices: Provide filing instructions, hearing schedules, and access to case records. Contact the appropriate court where the case was handled.
• Orleans Parish Criminal District Court: 2700 Tulane Avenue, Room 210, New Orleans, LA 70119. Attn: Expungement Clerk.
• Louisiana State Police – Bureau of Criminal Identification and Information: Maintains statewide criminal history databases affected by expungement orders; charges $250 processing fee.
• New Orleans Courts: Criminal District Court (504-658-9049), Magistrate Court (504-658-9025), Traffic Court (504-658-9397), Municipal Court (504-658-9700).

In conclusion, expunging an arrest record in Louisiana is a multi-step process that requires careful attention to eligibility requirements, paperwork accuracy, and procedural compliance. The new expedited expungement process offers a faster, no-cost option for eligible individuals whose cases were dismissed or not prosecuted. Because fees are nonrefundable, confirming eligibility before filing is essential. Working with legal resources and following each step carefully can help ensure a successful expungement.