Louisiana expungement forms and filing process

⚖️ Overview

Filing for an expungement in Louisiana requires careful attention to specific forms and procedural requirements. Louisiana law has standardized the process by codifying all necessary forms in the Code of Criminal Procedure, making them widely accessible. Clerks of court are allowed to amend these forms but cannot refuse the statutory versions that are available online.

The Louisiana Bureau of Criminal Identification and Information processes court-ordered expungements that require modification of criminal history records. Court orders require that a criminal arrest and conviction record be removed from public access except as stated in the law. The processing of expungements is a complex procedure requiring extensive man-hours.

👥 Who Qualifies for Expungement in Louisiana

Before gathering forms, it is essential to confirm eligibility. The forms are designed to capture information about the specific basis for the expungement request.

1️⃣ Arrests Without Conviction

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 after trial; dismissal with district attorney consent (unless the person participated in a pretrial diversion program); no prosecution within the applicable statute of limitations (unless the person participated in a pretrial diversion program); or the person was determined by the district attorney to be a victim of identity theft or similar crimes.

2️⃣ Misdemeanor Convictions

Misdemeanor convictions are eligible for expungement if more than five 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 criminal charge pending. A person may expunge only one misdemeanor conviction within a five-year period.

3️⃣ Felony Convictions

Felony convictions may be expunged under these circumstances: the conviction was set aside and the prosecution dismissed pursuant to Article 893(E); more than ten years have elapsed since completing any sentence and the person has no other convictions during that period; or the person is entitled to a first offender pardon (provided the offense is not a crime of violence or a sex offense). A person may expunge only one felony conviction in their lifetime.

4️⃣ Expedited Expungement

Beginning in 2025, Louisiana law provides for an expedited expungement process for individuals who were 17 years of age when arrested and the district attorney declined to prosecute all offenses, or prosecution was disposed of by dismissal, quashing, or acquittal. This process is at no cost to the individual.

❌ Who Does NOT Qualify

Expungement is not available for crimes of violence as defined in R.S. 14:2(B), sex offenses requiring registration, offenses against minors, domestic abuse battery, and certain controlled dangerous substance violations. Applicants with pending criminal charges also cannot apply.

🌟 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.

✅ 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, 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 step is reviewing eligibility under Louisiana law. The applicant must confirm that the arrest or 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 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 Required Forms

All expungement forms are statutorily codified and available at La. C.Cr.P. arts. 987–997. Many clerk of court websites will provide these forms, as does the website of the Louisiana Clerk of Court Association. Some offices will also provide hard copies in person.

Key forms include:

• La. C.Cr.P. art. 989 – Motion for Expungement: The primary form listing all charges and/or convictions from a single arrest incident.
• La. C.Cr.P. art. 992 – Order of Expungement: The court order directing agencies to remove the record.
• La. C.Cr.P. art. 993 – Supplemental Sheet: Required if there are more than 3 arrest charges, 2 misdemeanor convictions, and/or 2 felonies in a person’s record.
• La. C.Cr.P. art. 987 – Motion to Set Aside: Required if pleading under Articles 893 or 894.
• La. C.Cr.P. art. 988 – Fee Waiver Certification: For requesting fee waivers from the district attorney.

For juvenile records, the forms are provided in Children’s Code Article 925.

📝 Step 3: Complete the Motion for Expungement Form

The Motion for Expungement form requires detailed personal and case-specific information. Be sure to include:

• Personal information: Full name, date of birth, gender, last four digits of SSN, race, and driver’s license number.
• Arrest details: Arrest date, arresting agency, SID number (if available), arrest number (ATN), and agency item number.
• Charge details: 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.
• Case disposition: Whether it was dismissed, not prosecuted, resulted in acquittal, or involved a conviction.

Critical note: 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.

You must list all the charges and/or convictions from a single arrest incident and be sure to include as much identifying information as possible to help agencies identify the proper person and record to expunge.

📄 Step 4: Obtain Required Supporting Documents

In addition to the forms, you will need the following documentation:

• State Background Check: From the Louisiana State Police or the parish sheriff, dated within the past 60 days.
• Fingerprint Card: Can be obtained from the sheriff’s office.
• Court Minutes/Disposition: Showing the final disposition of the case.
• District Attorney Certification: Verifying no convictions during the waiting period and no pending charges (required for felony and misdemeanor conviction expungements).
• Fee Waiver Form: If eligible and seeking a fee waiver from the district attorney.

You must check with the clerk of court to determine how many copies are required at the time of filing—anywhere from 1 to 5 copies being most likely.

🏛️ Step 5: Obtain District Attorney Certification (If Required)

For standard 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 obtain a certification from the District Attorney verifying that you have no convictions during the waiting period and no pending charges. 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 6: File the Forms in the Correct Court

The completed 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.

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

📤 Step 7: Service of 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
• 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.

If the petitioner meets all legal requirements and no objections are sustained, the judge signs an Order of Expungement. 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 and any photographs, fingerprints, or any other such information of any kind” from public access. 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. The NOPD Expungement Unit processes cases in the order received. Full clearance across all agencies can take up to 12 months.

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 state police records, contact Louisiana State Police at 1-225-925-6040.

💰 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).

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

District Attorney Fee Waiver: A person is eligible to have the statutory fees waived if the charge to be expunged did not result in a conviction, the person did not complete a diversion program, and the person does not have any felony convictions or pending felony charges on their record.

Expedited Expungement: Persons eligible for expedited expungement are exempt from all processing fees.

Human Trafficking Victims: With district attorney certification, all fees are waived.

In Forma Pauperis (IFP): Allows individuals to file without paying statutory filing fees upfront based on financial need.

⏱️ Time Required for the Expungement Process

The expungement process generally takes between 6 and 12 months, depending on court backlog and agency processing.

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. Within 30 days of receipt, eligible records will be expunged.

⚠️ 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.

2. Ineligible Offenses

• Crimes of violence generally cannot be expunged
• Sex offenses requiring registration cannot be expunged
• Offenses against minors 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. The NOPD cannot remove records from non-NOPD websites or databases.

🚧 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, incorrect personal information, and failure to include required documentation.

2. No Fee Refunds

The fees are nonrefundable and will not be returned even if the court does not grant the motion.

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. Missing Charges from the Motion

Anything not included on the forms will remain unexpunged and visible until corrected.

5. Objections from Agencies

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

📚 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, the Louisiana expungement forms and filing process require careful attention to statutory forms, supporting documentation, and procedural compliance. All forms are codified in the Code of Criminal Procedure and are accessible online or through clerk of court offices. Because fees are nonrefundable, confirming eligibility and accurately completing all forms is essential. Working with legal resources and following each step carefully can help ensure a successful expungement.