Many people believe that if a judge dismisses their case or a prosecutor drops the charges, their criminal record automatically becomes clean. Unfortunately, this is a misconception. In Louisiana, records are not automatically expunged after a dismissal or dropped charge—additional legal steps are required to remove them from your record.
Even if you were never convicted, the record of your arrest and the subsequent dismissed charge remains visible through public access to the public, including employers, landlords, financial institutions, and lending institutions. At Go Crest Law, we believe a mistake or a misunderstanding shouldn’t follow you forever.
Here is everything you need to know about the legal process of clearing your name through an expungement.
Why a Dismissed Charge Still Shows Up on Your Criminal Record
When you are arrested, a “paper trail” is created across multiple databases, including:
- Local law enforcement records (maintained by the arresting agency that made the arrest)
- the clerk’s office
- The Louisiana Bureau of Criminal Identification and Information
A dismissal simply means the legal proceedings have ended without a conviction. It does not delete the digital or physical record of the arrest itself. To remove these entries, you must undergo a specific legal process called an expungement.
Understanding Criminal Records
A clear understanding of criminal records is essential for anyone looking to navigate the expungement process in Louisiana. Your criminal record is more than just a list of past mistakes—it’s a document that can influence your ability to secure employment, housing, and even certain professional licenses. In Louisiana, a criminal record is created whenever you are arrested, charged, or convicted of a crime, and this information is maintained by the Louisiana State Police. These records are accessible not only to law enforcement agencies and state agencies, but also to the public, which means your criminal history can follow you in many aspects of life.
Several key players are involved in the expungement process. The Clerk of Court is responsible for accepting your expungement motion and ensuring it is properly filed. The District Attorney reviews your request and may raise objections, while the Louisiana State Police handle the official criminal identification and update your record if the expungement is granted. The Criminal District Court oversees the legal proceedings, and the Louisiana Attorney Disciplinary Board and Louisiana Supreme Court Committee provide guidance on expungement procedures and legal standards.
Not every criminal record is eligible for expungement under Louisiana law. While many dismissed charges and certain misdemeanors can be expunged, there are important exceptions. Felony convictions, especially those involving sex crimes or violent crimes, are generally excluded from expungement eligibility. Individuals with prior felony convictions or pending felony charges may also face additional restrictions. The Louisiana Code of Criminal Procedure outlines these rules, and it’s important to review your specific situation before proceeding.
Louisiana offers two main types of expungement: expungement by redaction and interim expungement. Expungement by redaction allows you to remove your name or identifying information from public records, which can be crucial for protecting your privacy. Interim expungement is available for certain felony arrests that did not result in a felony conviction, providing a pathway to clear your record even if the case did not end in a traditional acquittal.
To begin the expungement process, you must first obtain a copy of your criminal record from the Louisiana State Police. Next, you’ll file a motion for expungement with the Clerk of Court in the parish where the arrest occurred. This motion must be accompanied by the appropriate processing fee, and if you qualify, you may submit a fee waiver form. After your motion is filed, the court will review your case and may schedule a hearing date. If the court grants your expungement, you’ll receive a certified copy of the expungement order, which serves as proof that your record has been sealed.
Because the expungement process is governed by the Louisiana Code of Criminal Procedure and involves multiple agencies, it can be complex and time-consuming. Legal assistance is highly recommended to ensure your expungement motion is properly prepared and submitted, and to help you navigate any challenges that may arise. The Clerk’s office and the Louisiana State Police can provide information on expungement procedures and fees, but an experienced attorney can offer guidance tailored to your unique circumstances.
Ultimately, understanding your criminal record and the expungement process empowers you to take control of your future. By learning about eligibility requirements, the steps involved, and the roles of key agencies, you can make informed decisions and work toward a clean slate. If you’re ready to move forward, don’t hesitate to seek legal assistance and start the expungement process today.
What is an Expungement? Role of the Louisiana State Police
An expungement is a court-ordered process that removes a specific arrest or conviction from public view, meaning both your arrest record and conviction record can be expunged. Once a dismissed charge is successfully expunged:
- The records are removed from public indices.
- In most circumstances, you can legally state that the arrest never occurred.
- Private background check companies are required to update their records (though this can take time).
Expungement in Louisiana can apply to a dismissed criminal charge, so if your criminal charge was dismissed, you may be eligible to have it removed from your record.
The Step-by-Step Expungement Process
The process often starts by obtaining an expungement packet from the court, which contains the necessary forms. Expungement in Louisiana is governed by the criminal procedure article, which outlines the legal steps for clearing your record.
While every case has unique nuances, the general path to clearing a dismissed charge involves:
- Check Eligibility: Confirm you are eligible for expungement. Individuals with pending felonies, a felony arrest, or a conviction for a felony offense (except certain misdemeanors) may not qualify. However, first offenders, those who have received a first offender pardon or offender pardon, and individuals who have successfully completed a diversion program may be eligible. Expungement may also be available if prosecution was dismissed. Certain criminal offenses, such as sex offenses, are not eligible for expungement.
- Gather Documentation: Collect all necessary documents, including court records and proof of completion of any court-ordered requirements. Expungement can also affect your driving record, so be sure to include any relevant documentation.
- File the Petition: Submit your expungement petition using the expungement packet. Court costs and expungement fees are required when filing, but you may apply for a fee waiver if you qualify.
- Wait for Approval: After filing, the court will review your petition. A court date may be set if a hearing is required. If any agency objects, a contradictory hearing will be scheduled to address those objections.
- Judge’s Decision: The expungement is finalized when the judge signs the order and the judge grants your motion.
- Agencies Involved: Even after expungement, certain agencies such as the Louisiana Department, Louisiana State Board, disciplinary counsel, and medical examiners may retain access to your sealed records for regulatory or oversight purposes.
Procedures and requirements may vary by parish, such as in East Baton Rouge and West Baton Rouge.
1. Verifying Eligibility
Most dismissed charges are eligible for expungement immediately, provided there are no pending criminal proceedings against you. This includes cases where the District Attorney declined to prosecute (Nolle Prosequi) or the time limit for prosecution expired.
2. Gathering Documentation
You will need specific “proof of dismissal” from the court or the District Attorney’s office. Having the correct case numbers and dates is vital to ensure the petition is filed accurately.
3. Filing the Petition
A Petition for Expungement must be filed in the parish where the arrest occurred. This legal document notifies all involved agencies—such as the Sheriff’s Office and the State Police—that you are seeking to seal the record.
4. The Waiting Period
Once filed, the relevant agencies have a window of time to object to the expungement. If no objections are raised, a judge will sign the Order of Expungement.
Why Professional Legal Help Matters
While you can technically file for an expungement on your own, the process is highly technical. A single clerical error or a missed filing fee can lead to a denial, forcing you to start over and pay the filing fees (which can exceed $500 in Louisiana) a second time.
At Go Crest Law, we handle the heavy lifting, including:
- Confirming your specific charge is eligible.
- Drafting and filing all necessary motions.
- Following up with state agencies to ensure the record is actually removed.
Take Control of Your Future
A dismissed charge shouldn’t be a barrier to your career or housing. If you have an arrest record in Louisiana that resulted in a dismissal, now is the time to clear your name.
Contact Go Crest Law today for a consultation. Let’s make sure your record reflects your true standing.
