What is a Criminal Record Expungement?
In Louisiana, an expungement does not technically “destroy” a record. When a record is expunged, it is sealed or removed from public access, but not destroyed. Expungement is a formal legal process conducted through the court system. Instead, it removes the record—including court records—from public access. While law enforcement and certain licensing boards can still see it, the general public—including most employers, landlords, and credit agencies—cannot. Expungement procedures are governed by the Louisiana Code of Criminal Procedure.
Who Qualifies for Misdemeanor Conviction Expungement?
Eligibility depends largely on the nature of the offense, the type of criminal charge or criminal conviction, and the time that has passed since your felony sentence or misdemeanor sentence was completed. Generally, you may qualify if:
- The Charges Were Dismissed: If you were arrested but never charged, or if the District Attorney dropped the charges (Nolle Prosequi), or if the court dismisses prosecution. In some cases, expungement may be available immediately after dismissal of prosecution or acquittal, especially if the district attorney consents.
- You Were Found Not Guilty: If you went to trial and were acquitted of all charges, you may be eligible for expungement immediately.
- First-Time Misdemeanors: Most misdemeanor convictions can be expunged after a certain period, provided you have no pending felony charges or prior felony convictions.
- Certain Felony Offenses: Only certain felony offenses—typically non-violent, non-sex-related felonies (such as possession or certain thefts)—can often be expunged after a 10-year waiting period from the completion of your felony sentence, including probation and parole. Prior felony convictions and pending felony charges can affect your eligibility.
- First Offenders: If you are a first offender, you may be eligible for a first offender pardon or offender pardon after completing your sentence. These pardons restore certain rights, such as voting, but do not seal or erase your criminal record. They may impact your eligibility for expungement.
- Deferred Adjudication & Pretrial Diversion Program: Participation in a pretrial diversion program or receiving deferred adjudication can affect your eligibility and may reduce or eliminate waiting periods for expungement, depending on the case outcome.
Note: Certain criminal convictions, such as those for controlled dangerous substance offenses, domestic abuse battery, aggravated criminal damage to property, and other criminal offenses (including crimes of violence, sex offenses, and crimes involving minors), are generally not eligible for expungement under Louisiana law.
Note: Expungement does not necessarily clear a record for bar admissions or other professional licensing. Criminal charges and convictions may still be reviewed by licensing authorities.
Types of Records That Can Be Expunged
In Louisiana, the expungement process offers a pathway to seal or erase various types of criminal records from public access, giving individuals a chance to move forward without the shadow of past mistakes. Whether you’re dealing with an old arrest, a misdemeanor conviction, or even certain felony convictions, understanding what can be expunged is the first step toward a fresh start.
Here are the main types of records that may be eligible for expungement under Louisiana law:
- Arrest Records: If you were arrested but never convicted—perhaps because the district attorney declined to prosecute or the charges were dismissed—those arrest records can often be expunged. This is crucial, as even an arrest record can show up on background checks and impact your ability to secure employment or housing.
- Misdemeanor Convictions: Many misdemeanor convictions can be expunged after you’ve completed your sentence, including any probation or parole, and a waiting period (typically five years) has passed. Clearing a misdemeanor conviction from your criminal record can open doors that might otherwise remain closed.
- Felony Convictions: Certain felony convictions are eligible for expungement, usually after a ten-year waiting period following the completion of your sentence. Not all felony offenses qualify—violent crimes and sex crimes are generally excluded—but for eligible offenses, expungement can be life-changing.
- Juvenile Records: Louisiana law recognizes the importance of second chances for young people. Juvenile records can often be expunged through a more streamlined process, helping young adults move beyond past mistakes as they pursue education, employment, and other opportunities.
- Interim Expungement: If you were arrested for a felony but the charge was later dismissed or reduced to a misdemeanor conviction, you may qualify for interim expungement. This allows you to clear your record of the original felony arrest, which can be especially important for background checks.
It’s important to remember that not every criminal offense is eligible for expungement. Crimes involving violence, sex offenses, and certain other serious charges are typically excluded. Additionally, even after records are expunged, some law enforcement agencies, the Louisiana State Police, medical examiners, and other criminal justice agencies may still have access to expunged records for specific purposes, and federal law may affect how your expunged record is treated outside Louisiana.
To start the expungement process, you’ll need to submit an expungement packet to the clerk of court in the parish where your case was handled. This packet includes required documentation and, if you qualify, a fee waiver form to help with court costs. The district attorney’s office will review your expungement motion and may object if there are legal grounds. If the court grants your request, your records will be sealed from public access, and you can legally deny the existence of the expunged record in most situations.
Once the expungement is approved, the Louisiana State Police, law enforcement agencies, and other relevant criminal justice agencies will update their records to reflect the change. The whole expungement process can take several months or longer, depending on the complexity of your case and the court’s schedule.
In summary, Louisiana law allows for the expungement of arrest records, misdemeanor convictions, certain felony convictions, juvenile records, and records eligible for interim expungement. While the process can be complex, successfully expunging your record can remove significant barriers to employment, housing, and other opportunities. Consulting with an attorney experienced in Louisiana expungement law is the best way to ensure your expungement request is handled correctly and efficiently.
How the Process Works
The road to a clean record involves several bureaucratic steps and is a legal process governed by criminal procedure and specific criminal procedure articles in the Louisiana Code of Criminal Procedure. Here is the typical roadmap:
First, you must determine if you qualify under the eligibility criteria set out in the relevant criminal procedure articles. If eligible, you will need to file a motion for expungement with the court. This requires completing specific expungement forms and submitting any supplementary documents required by law.
Expungement services are available to help individuals navigate the process and ensure all paperwork and procedural requirements are met.
1. Eligibility Check and Record Collection
The first step is obtaining your Certified Background Check from the Louisiana State Police and your Certified Minutes from the Clerk of Court where the case was handled. The Certified Background Check process involves criminal identification to ensure all relevant records are included. These documents prove how the case ended and whether you have met the waiting period requirements.
Even after expungement, certain financial institutions may have access to sealed records for regulatory and compliance purposes.
2. Filing the Motion with the District Attorney
You must file a Motion to Expunge with the criminal district court in the parish where the arrest occurred (for example, in Orleans Parish, this is the Criminal District Court). This motion is served to three key parties:
- The district attorney’s office
- The Arresting Agency (e.g., NOPD)
- The Louisiana State Police
When filing the motion, you are required to pay expungement fees and a processing fee.
3. The 60-Day Objection Period
Once served, these agencies have 60 days to object to the expungement. If no one objects and you meet all legal criteria, the judge may sign the order without a hearing. If there is an objection, a contradictory hearing will be scheduled where your attorney must argue your case.
4. Updating the Databases of Law Enforcement Agencies
Once the judge signs the Order of Expungement, it is sent to the State Police, the Louisiana Department of Public Safety and Corrections, and the FBI (federal government) to update their records. Both conviction records and arrest records are updated to reflect the expungement. This final step ensures that background check companies are notified that the record is no longer public.
Why Professional Legal Help Matters
While you can technically file for an expungement on your own, the paperwork is dense, and the filing fees are non-refundable. A single error in the motion can lead to a rejection and the loss of your filing fees (which typically total around $550 in Louisiana). Seeking legal assistance is highly recommended to help you avoid costly mistakes and ensure your expungement process goes smoothly.
It is important to note that even after an expungement, certain professional licensing boards, such as the Louisiana State Board and the Louisiana Attorney Disciplinary Board, may still have access to your expunged records for regulatory or licensing purposes. Additionally, the Louisiana Supreme Court Committee on Bar Admissions and disciplinary counsel may review expunged records when considering attorney licensing and discipline.
At GoCrestLaw, we specialize in navigating the complexities of the Orleans Parish court system. We handle the paperwork, track the response from the DA, and ensure your “Fresh Start” isn’t delayed by red tape.
