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- Expungement deletes your criminal record and restores you to the status you had before the offense. The state removes the record from all official sources, but it does not destroy the record. Louisiana keeps a confidential file of expunged records that only judges, law enforcement, and some state licensing agencies may see.
People also ask
Can a misdemeanor be expunged in Louisiana?
How does expungement work in Louisiana?
When can I get an expungement in Louisiana?
What happens after an expungement order is processed in Louisiana?
What is Louisiana's New expungement law?
Does Louisiana destroy Expunged Records?
Expunging the record of a conviction, however, is generally not possible for sex crimes, crimes of violence, distribution of a controlled dangerous substance, misdemeanor domestic abuse battery and misdemeanor stalking.
You are eligible for expungement after the prosecution is dismissed or your conviction is set aside as a result of Louisiana Code of Criminal Procedure Article 893(E).
- What Is Expungement in Louisiana?
- What Criminal Records Are Eligible For Expungement in Louisiana?
- Expunging Arrest Records in Louisiana When No Conviction occurred
- Expunging Misdemeanor Conviction Records in Louisiana
- Expunging Felony Conviction Records in Louisiana
- How to File For Expungement in Louisiana
- Does Louisiana Have Automatic Expungement?
- Getting Legal Help
Expungement allows individuals with eligible criminal records to seal those records from public view. By removing public access to these records, a person can seek gainful employment and housing without the stigma of a criminal record. In most instances, a person doesn't need to disclose expunged arrest or conviction records. Like many states, Loui...
A person can seek expungement of the following types of records: 1. arrest records where no conviction occurred 2. a first misdemeanor conviction for marijuana possession 90 days after conviction 3. a misdemeanorconviction for an eligible offense 5 years after the completion of the sentence, and 4. a felony conviction for an eligible offense 10 yea...
A person arrested for—but not convicted of—a misdemeanor or a felony, can petition for expungement if: 1. the district attorney declined to prosecute for any reason, including when a person successfully completes pretrial diversion 2. the statute of limitationsfor bringing charges has expired and no proceedings were initiated 3. the charges were di...
A person can immediately ask the court to expunge an eligible misdemeanor conviction that was set aside and the prosecution dismissed. A 90-day wait period applies to first-time misdemeanors for marijuana possession. For most other eligible misdemeanor convictions, a person must wait at least 5 years after completing their sentence, deferred adjudi...
A person can seek expungement of an eligible felony conviction at any time if: 1. the conviction was set aside and the prosecution dismissed, or 2. the person is entitled to a first-offender pardon (except for crimes of violence and sex offenses). For most other eligible felony convictions, the person must wait 10 years from completion of their sen...
Generally, seeking an expungement in Louisiana involves filling out the necessary forms, filing the forms with the court, and paying the filing fee. Someone who can't afford the fees can apply to have the fee waived. Certain individuals are exempt from filing fees, including victims of human trafficking or identity theft when the record resulted fr...
Not yet. The legislature passed a law in 2023 to implement automatic expungement by January 1, 2025. However, this legislation only goes into effect if it gets funding. (La. Code Crim. Proc. art. 985.2 (2024).)
Cleaning up a criminal record can be complicated, and the law can change at any time. To learn more about expunging criminal records in Louisiana—and to discuss your personal circumstances—consider contacting a qualified criminal defense attorney.
Sep 26, 2019 · Depending on the circumstances surrounding your conviction and the charge, you may be eligible for an expungement. There are two Louisiana Code of Criminal Procedure Articles that apply to the ability to get an expungement: article 894 and 893.
- Matthew Mclaren
Jul 21, 2024 · Eligibility for expungement: In 2019, SB98 amended Art. 978 to make entitlement to a first offender pardon one of three grounds for applying for expungement of the arrest and conviction, with the exception of crimes of violence and sex crimes. See Part III, below.
Make your record of arrest or conviction “confidential” and no longer considered to be a public record. Prevent “background check” companies from accessing—or reporting—your criminal history. Prevent prospective employers from obtaining your criminal history from state databases.
If you are convicted of a misdemeanor, you are eligible for an expungement if 5 or more years have passed since your sentence was successfully completed. Felonies are a little different, however, in Louisiana most felonies can still be expunged from your record.
