How to Get an Expungement in Louisiana

⚖️ Overview

In Louisiana, an expungement is a legal process that removes a criminal record 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.” Importantly, expungement in Louisiana does not destroy the record—it makes it confidential and removes it from public view.

Once an expungement is granted, the record is “confidential and no longer considered to be a public record” and generally cannot be made available to the public. Individuals can legally deny or not disclose past arrests or convictions in most situations, such as when applying for a job or renting a house.

Louisiana expungement laws are governed primarily by Chapter 8 of the Louisiana Code of Criminal Procedure. Eligibility depends on the specific details of the arrest or conviction record, including the nature of the offense, whether it was a misdemeanor or felony, completion of sentence, and any subsequent criminal activity. Generally, minor offenses, certain misdemeanors, and some felonies under specific conditions may qualify, while serious offenses such as violent crimes, sex offenses, and other major felonies often cannot be expunged.

👥 Who Qualifies for Expungement in Louisiana

Louisiana law provides specific eligibility criteria based on the outcome of the case, the type of offense, and the applicant’s criminal history. Eligibility differs significantly for arrests versus convictions.

1️⃣ Arrests Without Conviction

• Acquittal: The applicant was found not guilty after trial of all charges derived from the arrest.
• Dismissal with DA Consent: The district attorney consents, and the case was dismissed or the district attorney declined to prosecute (unless the applicant participated in a pretrial diversion program).
• No Prosecution Within Time Limits: The applicant was arrested and not prosecuted within the applicable time limitations and did not participate in a pretrial diversion program.
• Identity Theft: The applicant was determined by the district attorney to be a victim of identity theft, unauthorized use of an access card, access device fraud, or other crimes involving unlawful use of the person’s identity.

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

2️⃣ Misdemeanor Convictions

• More than five years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole.
• The person has not been convicted of any other criminal offense during that period and has no criminal charge pending.

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

3️⃣ Felony Convictions

• The conviction was set aside and the prosecution dismissed pursuant to Article 893(E) of the Louisiana Code of Criminal Procedure.
• 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 for a period of at least ten years preceding the motion and has no criminal charge pending.
• The person is entitled to a first offender pardon (except for crimes of violence or sex offenses).

Lifetime Limit: A person may expunge only ONE felony conviction in their lifetime.

4️⃣ DWI Convictions

A person may expunge only ONE DWI conviction in a ten-year period.

5️⃣ First Offense Marijuana Possession

Louisiana has special provisions for first offense possession of marijuana, with reduced fees of $300 rather than the standard $550.

6️⃣ Juvenile Records

Certain juvenile records may be expunged, and juvenile drug court program graduates are exempt from processing fees. However, juveniles who successfully complete a juvenile drug court program are exempt from payment of any processing or filing fees or other costs associated with expungement.

7️⃣ Human Trafficking Victims

Human trafficking victims may obtain certification from the prosecuting authority that the offense was committed as a result of being a victim of human trafficking. If certification is granted, all fees are waived and time delays are waived.

8️⃣ Wrongful Conviction and Pardons

• A person determined to be factually innocent and entitled to compensation for a wrongful conviction is exempt from processing fees.
• A person granted a pardon (other than a first offender pardon) is exempt from processing fees.

❌ Who Does NOT Qualify

Expungement is not available for:

• Crimes of violence as defined in R.S. 14:2(B), except as specifically authorized.
• Sex offenses requiring registration under R.S. 15:540 et seq., or offenses against minors as defined in R.S. 15:541.
• Domestic abuse battery (unless dismissed under certain provisions).
• Certain controlled dangerous substance violations (though some drug possession and certain other drug offenses may be eligible).
• Pending criminal charges – you cannot apply if you have any pending charges.

Additionally, if an applicant has a criminal conviction during the waiting period or pending charges, eligibility is denied.

🌟 Benefits of Expungement in Louisiana

✅ 1. Improved Employment Opportunities

Most employers conduct background checks. Expungement removes eligible criminal records from public databases, helping applicants compete fairly for jobs. After expungement, individuals can legally deny the arrest or conviction in most employment situations.

✅ 2. Better Housing Access

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

✅ 3. Professional Licensing Advantages

While some licensing boards may still access expunged records (including medical, nursing, dental, pharmacy, social work, and other professional boards), 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.

✅ 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.

🧾 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 Chapter 8. The applicant must confirm that the arrest, charge, or conviction falls within a category eligible for expungement.

Applicants should review:

• The final disposition of the case
• Whether charges were filed
• The applicable waiting period
• Whether any related charges remain pending
• Prior expungements (due to lifetime limits)

Help determining eligibility:

• Contact an attorney (free legal services may be available)
• Attend a Justice and Accountability Center of Louisiana (JAC) workshop or event
• Use the mobile application “CLEAN JACKET”

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 and booking information
• Case numbers
• Court dismissal orders
• Judgments or acquittal documents
• Sentencing information and completion dates

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.

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.

📝 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
• 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 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.

🏛️ 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).

📬 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
• 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.

🧑‍⚖️ 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
• Objections from prosecutors or agencies

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, ineligible offenses, or pending charges.

For uncontested motions, the court may grant the expungement based on affidavits of no opposition.

📤 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, law enforcement agencies, prosecutors, and judges may still access the record for law enforcement purposes.

🧾 Step 8: Verify Record Removal

Applicants should confirm that records no longer appear in:

• County court databases
• Background check systems
• Online inmate searches
• Commercial databases

Private background companies may retain data, requiring separate removal requests.

📄 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
• Proof of filing

These documents may help resolve future background check errors and prove the expungement was granted.

🔄 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.

💰 Costs Associated with Expungement in Louisiana

Louisiana expunction 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 the following applies:
  • The applicant was acquitted after trial
  • The district attorney consents and the case was dismissed (unless the applicant participated in pretrial diversion)
  • The applicant was arrested and not prosecuted within the time limitations (unless the applicant participated in pretrial diversion)
  • The applicant was a victim of identity theft or similar crimes

Automatic Exemptions:

• Juvenile who has successfully completed a juvenile drug court program
• Person eligible for expedited expungement
• Human trafficking victim with DA certification
• Person determined factually innocent and entitled to compensation for wrongful conviction
• Person 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:

1. Gather information about income, government benefits, bills, and property
2. Find a third-party affiant (anyone 18+ who can swear under oath they are familiar with the applicant’s financial situation and that the applicant cannot afford the fees)
3. Have the IFP affidavit notarized
4. Attach the affidavit to the expungement motion

Presumptive Eligibility: 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 the applicant is eligible for IFP status.

⏱️ Time Required for the Expungement Process

The expunction process in Louisiana generally takes between 6 and 12 months, depending on:

• Court backlog
• Number of agencies involved
• Whether objections are filed
• Complexity of the criminal history

Some 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

Louisiana expunction laws contain major limitations:

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 Offenses

• Crimes of violence (enumerated 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 (unless dismissed under specific provisions)
• Certain controlled dangerous substance violations

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 and prosecutors
• Professional licensing boards (medical, nursing, dental, pharmacy, social work, psychology, etc.)
• Courts and judges

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
• 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, Louisiana Board of Pharmacy, and many others

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

Several issues commonly delay or prevent expungement in Louisiana:

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
• Failure to include required documentation

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
• 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, expungement in Louisiana can provide a powerful second chance for eligible individuals by removing qualifying criminal records from public access. However, the process requires careful compliance with Louisiana procedural rules, eligibility standards, and court requirements. Proper preparation and accurate filings significantly improve the likelihood of a successful expungement. Applicants uncertain about eligibility or procedure should consult a licensed Louisiana attorney or use available legal resources to ensure compliance with Louisiana law.