Who Qualifies for 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, to “expunge a record” means to remove a record of arrest or conviction, photographs, fingerprints, disposition, or any other information from public access. Critically, the law clarifies that expungement does not mean destruction of the record—it makes the record confidential and inaccessible to the general public .

Once an expungement is granted, the individual can legally deny or not disclose the past arrest or conviction in most situations, such as when applying for a job or renting a home . However, the record remains available to law enforcement agencies, prosecutors, judges, and certain professional licensing boards .

Louisiana expungement laws are governed primarily by Chapter 8 of the Louisiana Code of Criminal Procedure and contain specific eligibility rules. The law distinguishes between arrests without conviction (often eligible immediately) and convictions (subject to waiting periods and lifetime limits) . Eligibility depends on factors including the nature of the offense, whether it was a misdemeanor or felony, completion of sentence, and subsequent criminal activity .

👥 Who Qualifies for Expungement in Louisiana

Louisiana law provides specific eligibility criteria based on the final disposition of the case, the type of offense, and the applicant’s criminal history. The rules differ significantly for arrests without conviction versus convictions.

1️⃣ Arrests Without Conviction

Individuals can apply for expungement immediately 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 with DA Consent: The district attorney agrees to dismissal or declines to prosecute (unless the person participated in a pretrial diversion program).
• No Prosecution Within Time Limits: Prosecution was not instituted within the applicable statute of limitations, and the person did not participate in a pretrial diversion program. The time limits are: 2 years for misdemeanors punishable by fine or imprisonment; 6 months for misdemeanors punishable only by fines (such as traffic infractions); 4 years for felonies not requiring hard labor; 6 years for felonies punishable by imprisonment at hard labor .
• Identity Theft: The person was a victim of identity theft or similar crimes, as determined by the district attorney.

Special rule for DWI-related arrests: For individuals placed in a pretrial diversion program for operating a vehicle while intoxicated, expungement is only available after five years have elapsed since the arrest .

2️⃣ Misdemeanor Convictions

Misdemeanor convictions (excluding domestic abuse battery and stalking) are eligible if :

• More than five years have elapsed since the person completed the sentence, deferred adjudication, or period of probation or parole.
• The person has no felony convictions and no pending felony charges during that period .

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

3️⃣ Felony Convictions

Felony convictions may be expunged under any of these circumstances :

• Conviction set aside: The conviction was set aside and the prosecution was dismissed pursuant to Article 893(E).
• 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. The motion must include a certification from the district attorney verifying these facts .
• 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 .

Special Provision for Certain Felonies

Persons convicted of aggravated battery, second degree battery, aggravated criminal damage to property, simple robbery, purse snatching, or illegal use of weapons may receive an expungement after a contradictory hearing if :

• More than ten years have elapsed since completing the sentence.
• The person has no other criminal convictions during the ten-year period.
• The person has no pending criminal charges.

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) . This provision terminates on August 1, 2026.

6️⃣ Juvenile Records

Juvenile records may be expunged under specific conditions. For delinquency adjudications (other than murder, manslaughter, sex offenses, kidnapping, or armed robbery), expungement is available once the court has ceased to exercise jurisdiction. For serious juvenile adjudications, a five-year waiting period applies after satisfaction of the most recent judgment .

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 Expedited Expungement (New 2024 Law)

A 2024 law (Act No. 270, effective January 1, 2025) creates a new “expedited expungement” for individuals who :

• Are 17 years of age when arrested or charged.
• The district attorney declined to prosecute all offenses arising from that arrest (including after successful completion of a pretrial diversion program).
• Prosecution was disposed of by dismissal, quashing, or acquittal.

This expedited expungement is at no cost to the individual .

❌ Who Does NOT Qualify

The following offenses are ineligible for expungement :

• 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.
• Criminal 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 offenses and certain other drug offenses may be eligible .
• Pending criminal charges—you cannot apply if you have any pending charges .

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

🌟 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—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.

✅ 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. 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 . Additionally, the applicant must verify that the offense is not one of the ineligible categories, such as crimes of violence, sex offenses, or offenses against minors .

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”; or search for a low-cost private attorney using 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 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 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 .

For arrests without conviction, the motion must be supported by documentation of the acquittal, dismissal, or expiration of prosecution time limits. The petition must also identify all agencies that have records, as each agency must be served notice of the motion .

🏛️ 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 (504-658-9049), Magistrate Court (504-658-9025), Traffic Court (504-658-9397), or Municipal Court (504-658-9700). 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 and misdemeanor 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 under Article 999; 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 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 (unless dismissed under specific provisions) .
• 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 and misdemeanor 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 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.