Louisiana Expungement Law: Eligibility, Process, and Record Clearing
Louisiana's expungement framework governs the legal removal of arrest records, charges, and convictions from public access under Louisiana Code of Criminal Procedure Articles 971–999. Eligibility depends on offense classification, time elapsed since disposition, and prior criminal history. The process involves multiple state agencies and filing fees set by statute, making procedural accuracy critical to a successful outcome.
Definition and Scope
Under Louisiana law, expungement is the destruction or removal of a record of arrest or conviction from the official repository of criminal histories maintained by the Louisiana Bureau of Criminal Identification and Information (BCII), a division of the Louisiana State Police. An expunged record is sealed from public view and cannot be disclosed by law enforcement or accessed through standard background checks — though limited exceptions exist for subsequent criminal proceedings and certain professional licensing boards.
Louisiana expungement law is codified primarily in Louisiana Code of Criminal Procedure (La. C.Cr.P.) Articles 971 through 999, with supplementary provisions in Louisiana Revised Statutes Title 44 governing public records. The Louisiana Legislature amended these provisions substantially in 2014 and 2021, expanding eligibility categories for certain nonviolent offenses.
Scope and coverage limitations: This page addresses Louisiana state expungement law exclusively. Federal criminal records are governed by separate federal statutes and are not eligible for expungement under Louisiana procedure. Records from Mississippi, Texas, or Arkansas courts fall outside Louisiana jurisdiction. Juvenile records are handled under a distinct framework through the Louisiana Juvenile Justice System and are not addressed here. Immigration consequences of expungement are governed by federal immigration law and are not covered by this page.
How It Works
The expungement process in Louisiana proceeds through a structured sequence of administrative and judicial steps administered by the district courts, the Louisiana State Police, and the district attorney's office in the relevant parish.
Procedural sequence:
- Obtain a certified criminal history record from the Louisiana State Police BCII, identifying all arrests and dispositions subject to the petition.
- Determine eligibility based on offense type, sentence served, waiting period, and prior expungements (Louisiana law generally limits individuals to one felony expungement per lifetime and one misdemeanor expungement every five years under La. C.Cr.P. Art. 978).
- File a Motion to Expunge in the district court of the parish where the arrest or conviction occurred, along with a certified copy of the arrest record and court disposition.
- Serve the motion on the district attorney, the arresting law enforcement agency, and the Louisiana State Police — each of which has 60 days to object under La. C.Cr.P. Art. 993.
- Pay filing fees: As of the 2021 legislative session, the base filing fee is $550 for felony expungements and $550 for misdemeanors, though fee waivers are available for indigent petitioners under La. C.Cr.P. Art. 985.1.
- Attend a hearing if an objection is filed; if no objection is received within the 60-day window, the court may grant the expungement without a hearing.
- Order distributed to the Louisiana State Police BCII, Louisiana Department of Public Safety, the arresting agency, and any other custodian of the record, all of whom must comply within 60 days of receipt under La. C.Cr.P. Art. 995.
The regulatory context for Louisiana's legal system affects how district courts and state agencies coordinate these steps, particularly in parishes where local rules supplement the statewide procedural code.
Common Scenarios
Louisiana expungement law recognizes distinct eligibility tracks based on case outcome and offense classification:
Arrests without conviction: Under La. C.Cr.P. Art. 976, an arrest record where charges were refused by the district attorney, dismissed, or resulted in acquittal is eligible for expungement without a waiting period. This is the broadest eligibility category.
Misdemeanor convictions: Individuals who completed all terms of a misdemeanor sentence — including probation and fines — may petition after 5 years from the date of completion. Domestic abuse battery convictions carry specific restrictions and are excluded from standard misdemeanor eligibility under La. C.Cr.P. Art. 977.
Felony convictions (first-offender pardons): A person who received a first-offender pardon under Louisiana Revised Statutes § 15:572 may petition to expunge the underlying felony conviction. The waiting period is 10 years from completion of sentence for most felonies.
Felony convictions (other): Certain nonviolent felony offenders who were not sentenced to imprisonment — or who received a suspended sentence — may be eligible after 10 years under La. C.Cr.P. Art. 978.
Convictions categorically excluded: Sex offenses requiring registration under the Louisiana sex offender registry statute, crimes of violence as defined in La. R.S. § 14:2(B), and drug trafficking offenses are not eligible for expungement regardless of elapsed time.
Decision Boundaries
Expungement and expunction are sometimes used interchangeably in Louisiana practice, but Louisiana statute uses "expungement" exclusively. A related but distinct mechanism is set-aside, available under La. C.Cr.P. Art. 893 for certain first-offense felonies placed on probation — where the conviction is set aside upon successful completion of probation, though the arrest record may still require a separate expungement motion.
Key distinctions:
| Mechanism | Effect on Record | Eligibility Trigger |
|---|---|---|
| Expungement | Sealed from public; destroyed from BCII | Post-disposition; waiting periods apply |
| First-Offender Pardon | Restores civil rights; enables expungement petition | Automatic upon sentence completion (non-violent offenses) |
| Art. 893 Set-Aside | Conviction vacated; arrest remains | Successful probation completion |
| Pardon Board Pardon | Civil rights restored; does not seal record | Discretionary; Board of Pardons approval |
The Louisiana home page provides an orientation to the broader legal service landscape within which expungement practitioners and self-represented petitioners operate.
Objections filed by the district attorney's office are governed by La. C.Cr.P. Art. 993 and may cite public safety grounds. A judge may deny a petition even absent a formal objection if the petition does not satisfy the statutory criteria. Petitioners denied expungement must wait three years before refiling under La. C.Cr.P. Art. 999.
References
- Louisiana Code of Criminal Procedure, Articles 971–999 — Louisiana Legislature
- Louisiana Revised Statutes, Title 15 (Criminal Procedure) — Louisiana Legislature
- Louisiana Revised Statutes, Title 44 (Public Records) — Louisiana Legislature
- Louisiana State Police — Bureau of Criminal Identification and Information (BCII)
- Louisiana Board of Pardons and Parole
- Louisiana Department of Public Safety and Corrections
- Louisiana Legislature — Official Revised Statutes Search