Expungement in Louisiana

How to Clean up Your Criminal Record

An expungement is the process of removing a record of arrest or conviction from public view.  The process is not automatic. A motion must be filed with the court requesting that the court order various agencies to remove the record. Also, the expungement laws vary depending if you want to expunge an arrest versus a conviction.  Our Louisiana expungement lawyers can help.

Expungement law is a complicated area of law that requires great knowledge of the criminal justice system and the way records are maintained.

Filing an expungement improperly may lead to increased costs in and extended delay in re-filing.  An experienced expungement lawyer may even be able to advise if your record allows for an expungement.

An expungement may help you clean up your criminal record and keep it out of public view. Benefits may include obtaining employment, getting your TWIC card, obtaining housing, and government programs.

We are experienced expungement lawyers in Louisiana. If you are interested in starting over with a clean criminal record, contact us.

We accept referrals from other attorneys for expungements.

More Information

What Happens After an arrest or conviction is expunged?

Louisiana Agencies that can still see the record

The use of the record for later prosecution

Sex Offenders Must still register

Incarcerated individuals and expungements

Arrest with no conviction

Misdemeanor expungement

When you can’t expunge misdemeanor

How often can you expunge misdemeanors

Felony Expungement in Louisiana

Service of Expungement

Costs

DWI and Expungements

Interim Expungement

What Happens After an arrest or conviction is expunged in Louisiana?

A. An expunged record of arrest or conviction shall be confidential and no longer considered to be a public record and shall not be made available to any person or other entity except for the following:

(1) To a member of a law enforcement or criminal justice agency or prosecutor who shall request that information in writing, certifying that the request is for the purpose of investigating, prosecuting, or enforcing criminal law, for the purpose of any other statutorily defined law enforcement or administrative duties, or for the purposes of the requirements of sex offender registration and notification pursuant to the provisions of R.S. 15:540 et seq.

(2) On order of a court of competent jurisdiction and after a contradictory hearing for good cause shown.

(3) To the person whose record has been expunged or his counsel.

(4) To a member of a law enforcement or criminal justice agency, prosecutor, or judge, who requests that information in writing, certifying that the request is for the purpose of defending a law enforcement, criminal justice agency, or prosecutor in a civil suit for damages resulting from wrongful arrest or other civil litigation and the expunged record is necessary to provide a proper defense.

Interim Motion to Expunge a Felony Arrest Resulting in Misdemeanor Conviction

A. A person may file an interim motion to expunge a felony arrest from his criminal history when that original arrest results in a conviction for a misdemeanor. In such cases, only the original felony arrest may be expunged.

B. The interim motion to expunge a felony arrest which results in a misdemeanor conviction from criminal history is separate and distinct from an expungement of a final conviction pursuant to Code of Criminal Procedure Articles 976, 977, and 978.

C. Except as provided in Paragraph D of this Article, an interim motion to expunge a felony arrest from criminal history shall follow the same procedures and fees established pursuant to the provisions of Code of Criminal Procedure Article 979, et seq.

D. An interim motion to expunge shall not be subject to the time limitations provided for in Articles 977(A)(2) or 978(A)(2), and there shall be no restriction on the number of interim expungements which may be granted.

DWI and Expungements in Louisiana

A. A person convicted of operating a vehicle while intoxicated (DWI) shall be required to supplement the motions required in this Title with proof in the form of a certified letter from the Department of Public Safety and Corrections, office of motor vehicles, that the person has complied with the requirements of this Article. The certified letter shall be attached to the motion to expunge the record of arrest and conviction for operating a vehicle while intoxicated.

B. The court shall order the clerk of court to mail to the Department of Public Safety and Corrections, office of motor vehicles, all of the following as provided by the defendant:

(1) A certified copy of the record of the plea of guilty or nolo contendere.

(2) Fingerprints of the defendant.

(3) Proof that the defendant meets the requirements as set forth in Code of Criminal Procedure Article 556 or 556.1 which shall include the defendant’s date of birth, social security number, and driver’s license number.

C. An additional fifty-dollar court cost shall be assessed at this time against the defendant and paid to the Department of Public Safety and Corrections, office of motor vehicles, for the costs of storage and retrieval of the records.

Costs to File an Expungement in Louisiana

A. Except as provided for in Code of Criminal Procedure Articles 894 and 984, the total cost to obtain a court order expunging a record shall not exceed five hundred fifty ($550) dollars.

B. The nonrefundable processing fees for a court order expunging a record shall be as follows:

(1) The Louisiana Bureau of Criminal Identification and Information may charge a processing fee of two hundred fifty dollars ($250) for the expungement of any record of arrest when ordered to do so by the court in compliance with the provisions of this Title.

(2) The sheriff may charge a processing fee of fifty ($50)dollars for the expungement of any record of arrest when ordered to do so by the court in compliance with the provisions of this Title.

(3) The district attorney may charge a processing fee of fifty ($50)dollars for the expungement of any record of arrest when ordered to do so by the court in compliance with the provisions of this Title.

(4) The clerk of court may charge a processing fee not to exceed two hundred ($200) dollars to cover the clerk’s costs of the expungement.

This does not include any attorney fees in the event you hire an attorney for assistance.

Service of Motion to Expunge a Record

The clerk of court shall serve notice of the motion of expungement by U.S. mail or electronically upon the following entities:

(1) The district attorney of the parish of conviction.

(2) The Louisiana Bureau of Criminal Identification and Information.

(3) The arresting law enforcement agency.

Felony Expungement in Louisiana

A. Except as provided in Paragraph B of this Article, a person may file a motion to expunge his record of arrest and conviction of a felony offense if either of the following apply:

(1) The conviction was set aside and the prosecution was dismissed pursuant to Code of Criminal Procedure Article 893(E).

(2) More than ten years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the felony conviction, and the person has not been convicted of any other criminal offense during the ten- year period, and has no criminal charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that, to his knowledge, the applicant has no convictions during the ten-year period and no pending charges under a bill of information or indictment.

B. No expungement shall be granted nor shall a person be permitted to file a motion to expunge the record of arrest and conviction of a felony offense if the person was convicted of the commission or attempted commission of any of the following offenses:

(1) Unless otherwise permissible under Code of Criminal Procedure Article 893(E), a crime of violence as defined by or enumerated in R.S. 14:2(B).

(2)(a) Notwithstanding any provision of Code of Criminal Procedure Article 893, a sex offense or a criminal offense against a victim who is a minor as each term is defined by R.S. 15:541, or any offense which occurred prior to June 18,1992, that would be defined as a sex offense or a criminal offense against a victim who is a minor had it occurred on or after June 18, 1992.

(b) Any person who was convicted of carnal knowledge of a juvenile (R.S. 14:80) prior to August 15, 2001, is eligible for an expungement pursuant to the provisions of this Title if the offense for which the offender was convicted would be defined as misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1) had the offender been convicted on or after August 15, 2001. The burden is on the mover to establish that the elements of the offense of conviction are equivalent to the current definition of misdemeanor carnal knowledge of a juvenile as defined by R.S. 14:80.1. A copy of the order waiving the sex offender registration and notification requirements issued pursuant to the provisions of R.S. 15:542(F) shall be sufficient to meet this burden.

(3) Unless otherwise permissible under Code of Criminal Procedure Article 893(E), a violation of the Uniform Controlled Dangerous Substances Law, except that a conviction for possession of a controlled dangerous substance as provided for in R.S. 40:966(C), 967(C), 968(C), or 969(C), or a conviction for possession of a controlled dangerous substance with the intent to distribute may be expunged pursuant to the provisions of this Title.

C. The motion to expunge a record of arrest and conviction of a felony offense shall be served pursuant to the provisions of Code of Criminal Procedure Article 979.

D. Expungement of a record of arrest and conviction of a felony offense shall occur only once with respect to any person during a fifteen-year period.

How Often Can Misdemeanors be Expunged?

(1) Expungement of a record of arrest and conviction of a misdemeanor offense shall occur only once with respect to any person during a five-year period, unless the person was sentenced pursuant to Code of Criminal Procedure Article 894(B).

(2) Expungement of a record of arrest and conviction of a misdemeanor offense of operating a vehicle while intoxicated shall occur only once with respect to any person during a ten-year period.

When You Can’t Expunge a Misdemeanor

No person shall be entitled to expungement of a record under either of the following circumstances:

(1) The misdemeanor conviction arose from circumstances involving a sex offense as defined in R.S. 15:541, except that an interim expungement shall be available as authorized by the provisions of Code of Criminal Procedure Article 985.1.

(2) The misdemeanor conviction was for domestic abuse battery which was not dismissed pursuant to Code of Criminal Procedure Article 894(B).

Misdemeanor Expungement

A person may file a motion to expunge his record of arrest and conviction of a misdemeanor offense if either of the following apply:

(1) The conviction was set aside and the prosecution was dismissed pursuant to Code of Criminal Procedure Article 894(B).

(2) 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 felony offense during the five-year period, and has no felony charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that to his knowledge the applicant has no felony convictions during the five-year period and no pending felony charges under a bill of information or indictment.

The motion to expunge a record of arrest and conviction of a misdemeanor offense shall be served pursuant to the provisions of Code of Criminal Procedure Article 979.

Arrest with No Conviction

A person may file a motion to expunge a record of his arrest for a felony or misdemeanor offense that did not result in a conviction if any of the following apply:

(1) The person was not prosecuted for the offense for which he was arrested, and the limitations on the institution of prosecution have barred the prosecution for that offense.

(2) The district attorney for any reason declined to prosecute any offense arising out of that arrest.

(3) Prosecution was instituted and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.

Incarcerated Individuals Cannot Be Granted an Expungement

Notwithstanding any other provision of law to the contrary, a person in the custody of the Department of Public Safety and Corrections, or incarcerated in any correctional facility shall not be permitted to file a motion to expunge a record of an arrest which did not result in a conviction or to expunge a record of an arrest and conviction of a misdemeanor or felony offense.

Sex Offender Still Must Register

An expungement does not relieve a person who is required to register and provide notice as a child predator or sex offender of any obligations and responsibilities provided in R.S. 15:541 et seq.

The Use of the Record for Later Prosecution

In Louisiana, an expungement does not limit or impair in any way the subsequent use of any expunged record of any arrests or convictions by a law enforcement agency, criminal justice agency, or prosecutor including its use as a predicate offense, for the purposes of the Habitual Offender Law, or as otherwise authorized by law.

Louisiana Agencies That Still Can See the Record

Upon written request therefor and on a confidential basis, the information contained in an expunged record may be released to the following entities that shall maintain the confidentiality of such record:

Office of Financial Institutions

Louisiana State Board of Medical Examiners

Louisiana State Board of Nursing

Louisiana State Board of Dentistry

Louisiana State Board of Examiners of Psychologists

Louisiana Board of Pharmacy

Louisiana State Board of Social Work Examiners

Emergency Medical Services Certification Commission

Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel

Louisiana Supreme Court Committee on Bar Admissions

Louisiana Department of Insurance

Louisiana Licensed Professional Counselors Board of Examiners

or any person or entity requesting a record of all criminal arrests and convictions pursuant to R.S. 15:587.1, or as otherwise provided by law.

However, except as to those persons and other entities set forth above, no person whose record of arrest or conviction has been expunged shall be required to disclose to any person that he was arrested or convicted of the subject offense, or that the record of the arrest or conviction has been expunged.

We are criminal defense attorneys in Louisiana offering expungements in all areas of Louisiana

Our Louisiana expungement attorneys offer expungement services for all types of misdemeanor and felony offenses.  Please see the list of Louisiana criminal charges for which we offer expungements.  However, some of these charges can’t be expunged if convicted.  If the case was dismissed, the fact of the arrest may be expunged.  All charges are different and every defendant’s situation is different. 

Alcohol Crimes

    Minor in Possession of Alcohol – MIP expungement

    Unlawful sales to persons under twenty-one expungement

    Purchase and public possession of alcoholic beverage expungement

    Open Container expungement

    Public Intoxication expungement

    Public Drunk expungement

    DWI First Offense, Second Offense, Third Offense, Fourth offense expungement

    Refusal expungement

    Disturbing the peace expungement

Assault

    Simple Assault expungement

    Aggravated assault expungement

    Assault by drive-by shooting expungement

    Aggravated assault police officer expungement

    Aggravated assault with firearm expungement

    Aggravated assault upon a utility service employee with a firearm expungement

    Aggravated assault with a motor vehicle upon a peace officer expungement

    Domestic abuse aggravated assault expungement

Arson

    Aggravated arson expungement

    Injury by arson expungement

    Simple arson expungement

    Simple arson of a religious building expungement

    Negligent arson expungement

    Arson with intent to defraud expungement

    Communicating of false information of planned arson expungement

    Manufacture and possession of delayed action incendiary devices; penalty expungement

    Manufacture and possession of a bomb expungement

Battery

    Battery expungement

    Aggravated battery expungement

    Second degree battery expungement

    Battery of a police officer expungement

    Battery of a school teacher expungement

    Battery of a school or recreation athletic contest official expungement

    Battery of a correctional officer expungement

    Battery of a bus operator expungement

    Disarming of a peace officer expungement

    Aggravated second degree battery expungement

    Battery of Emergency Room Personnel expungement

    Battery of a dating partner expungement

    Aggravated assault upon a dating partner expungement

    Simple battery expungement

    Battery of a child welfare or adult protective service worker expungement

    Simple battery of infirmed expungement

    Domestic abuse battery expungement

Burglary

    Aggravated burglary expungement

    Unauthorized entry of a critical infrastructure expungement

    Criminal damage to a critical infrastructure expungement

    Simple burglary expungement

    Simple burglary of an inhabited dwelling expungement

Criminal Damage to Property

    Aggravated criminal damage to property expungement

    Simple criminal damage to property expungement

    Criminal damage to property by defacing with graffiti expungement

    Criminal damage to historic buildings or landmarks by defacing with graffiti expungement

    Damage to property with intent to defraud expungement

Criminal Mischief expungement

Criminal Trespass expungement

Domestic Violence

    Domestic Abuse Battery expungement

    Domestic Abuse felony expungement

    Domestic abuse aggravated assault expungement

Driving Offenses

    Hit and Run expungement

    Reckless Driving expungement

    Careless Operation expungement

DWI and Drunk Driving

    DUI

    DUI Arrests expungement

    DWI expungement

    Felony DWI expungement

    Covington DWI expungement

Drug Crimes

    Felony Possession of Drugs expungement

    Conspiracy to Distribute Drugs expungement

    Drug Distribution expungement

    Drug Diversion expungement

    Drug Manufacturing expungement

    Drug Possession expungement

    Drug Sales expungement

    Drug Trafficking in Louisiana expungement

    Drug Treatment expungement

     Drug Transportation expungement

    Heroin Possession expungement

    Heroin Distribution expungement

    Marijuana Possession expungement

    Marijuana Possession with Intent to Distribute expungement

    Methamphetamine Possession expungement

    Meth Possession with Intent to Distribute expungement

    Misdemeanor Drug Charges expungement

    Possession of Drugs with Intent to Sell expungement

    Prescription Drugs Possession or Sale expungement

    Medical Marijuana expungement

    Simple Possession expungement

     Schedule 1 drug expungement

    Schedule 2 drug expungement

    Schedule 3 drug expungement

    Schedule 4 drug expungement

    Schedule 5 drug expungement

Gun Charges

    Illegal possession of stolen firearms expungement

    Possession of firearm by persons convicted of domestic abuse expungement

    Possession of firearm by convicted felon expungement

    Illegal Carrying of Weapons expungement

    Illegal Use of Weapons expungement

    Possession of Firearm by Convicted Felon expungement

Homicide

    Murder expungement

    Attempted murder expungement

    Manslaughter expungement

    Negligent Homicide expungement

    Vehicular Homicide expungement

Illegal Possession expungement

Illegal possession of stolen things expungement

Malfeasance in Office expungement

Malfeasance in Office; sexual conduct prohibited expungement

Negligent Injuring

    Negligent inuring expungement

    Vehicular negligent injuring expungement

    First degree vehicular negligent injuring expungement

Obscenity expungement

Obstructing Highway

    Aggravated obstruction of a highway of commerce expungement

    Simple obstruction of a highway of commerce expungement

Offenses Against Police

    Resisting an Officer expungement

    Flight from an officer expungement

    Aggravated flight from an officer expungement

    Simple escape expungement

    False personation expungement

    False personation of a peace officer expungement

Prostitution

    Soliciting for Prostitutes expungement

    Prostitution expungement

    Pandering expungement

    Promoting Prostitution expungement

    Prostitution by Massage expungement

Robbery

    Armed robbery expungement

    First degree robbery expungement

    Carjacking expungement

    Armed robbery; attempted armed robbery; use of firearm; additional penalty expungement

    Second degree robbery expungement

    Simple robbery expungement

    Purse snatching expungement

Theft Crimes

    Auto Theft expungement

    Public Corruption expungement

    Bank Fraud expungement

    Contractor Fraud expungement  

    Credit Card Fraud expungement

    Embezzlement expungement

    Extortion expungement

    Felony Theft expungement

    Forgery expungement

    Insurance Fraud expungement

    Misdemeanor Theft expungement

    Misapplication of Payments expungement

    Money Laundering expungement

    Perjury expungement

    Prescription Fraud expungement

    Shoplifting expungement

    Theft expungement

    Theft of Motor Vehicle expungement

Unauthorized Entry

    Unauthorized entry of an inhabited dwelling expungement

    Unauthorized entry of a place of business expungement

    Looting expungement

    Unauthorized entry of a dwelling during an emergency or disaster expungement

    Home invasion expungement

    Criminal trespass expungement

    Entry on or remaining in places or on land after being forbidden expungement

    Aiding and abetting others to enter or remain on premises where forbidden expungement

Unauthorized Use

    Unauthorized Use of Movable expungement

    Unauthorized Use of Motor Vehicle expungement

Violation of Protective Orders expungement