Call for Consultation (337) 366-8994
Call for Consultation (337) 366-8994
If you have ever wondered whether a felony conviction from a guilty plea can be removed from your record in Louisiana, you are not alone.
This question affects thousands of Louisiana residents who are seeking to move forward with their lives after completing their sentences. The answer is yes, depending on the type of felony. Most felony convictions can be expunged in Louisiana even if you plead guilty, but understanding your options and the recent legal changes can make a significant difference in your future opportunities.
Expungement is a legal process that removes a criminal record from public view, essentially sealing it from most employers, landlords, and members of the general public.
It is important to understand that expungement does not destroy the record entirely. Law enforcement agencies, courts, and certain government entities may still access expunged records under specific circumstances.
In general an expunged record will not appear on most standard background checks conducted by employers, educational institutions, or housing providers.
In Louisiana, expungement offers individuals a fresh start by removing the burden of a criminal record that can create barriers to employment, housing, education, and other opportunities.
The process is governed by Louisiana Code of Criminal Procedure Articles 971 through 996, particularly Article 978, which outlines the specific requirements and procedures for expungement of convictions. ([La. C.Cr.P. Art. 978]
Many people in Louisiana choose to plead guilty to resolve criminal charges quickly, often without fully understanding the long-term consequences of their decision.
At the time of the plea, defendants may be focused on avoiding jail time, reducing charges, or simply getting the case behind them. However, they may not realize that pleading guilty can potentially impact their future eligibility for expungement.
The reality is that a guilty plea results in a conviction on your record, which can have lasting effects on your life.
Understanding whether that conviction can eventually be expunged is crucial for anyone looking to rebuild their life after a felony charge. This knowledge can help defendants make informed decisions about their cases and plan for their future.
When you plead guilty to a felony charge in Louisiana, you are admitting to the court that you committed the crime as charged. This guilty plea results in a formal conviction being entered on your criminal record.
Unlike a dismissal or acquittal, a conviction carries significant legal consequences that extend far beyond any immediate sentence.
Felony convictions in Louisiana carry numerous long-term consequences that can affect virtually every aspect of your life.
These consequences may include the loss of firearm rights, which prevents you from owning, possessing, or carrying firearms for 10 years under Louisiana law after completion of sentence.
However, it is critical to understand that federal law (18 U.S.C. § 922(g)(1)) imposes a lifetime firearms ban on anyone convicted of a felony (convicted of a crime punishable by more than one year in prison). A state expungement does not automatically restore this federal right.
Cases that result in dismissals or acquittals are generally eligible for expungement after a much shorter waiting period, often immediately or within a few years of the case’s resolution. This is because these outcomes do not result in a conviction.
Guilty pleas, on the other hand, are treated more harshly under Louisiana expungement law because they result in actual convictions. But this does not mean that all guilty pleas are permanently ineligible for expungement.
Under certain conditions and after meeting specific requirements, some felony convictions from guilty pleas can still be expunged.
Louisiana’s expungement law is codified in Louisiana Code of Criminal Procedure Article 978, which provides the framework for when and how criminal records can be expunged.
Under this statute, certain felony convictions can be expunged, but not all felonies are eligible for this relief.
The law recognizes that individuals who have completed their sentences and demonstrated rehabilitation should have the opportunity to move forward with their lives without the perpetual burden of a criminal record.
But the legislature has also determined that certain serious crimes should remain on an individual’s record permanently due to public safety concerns.
The primary requirement for felony expungement in Louisiana is a ten-year waiting period that begins after completion of your sentence, parole, or probation. This waiting period begins after the completion of your sentence, parole, or probation, whichever comes last.
According to the provisions outlined in the Louisiana Code of Criminal Procedure Article 97, a period exceeding ten years has passed since the individual fulfilled any sentence.
This waiting period serves as a demonstration period during which you must remain law-abiding and show that you have been rehabilitated.
During this ten-year period, you cannot have any new criminal convictions (not just felonies). Even a single new conviction during this time will reset the waiting period and may impact your eligibility for expungement of the original conviction.
You must also have no pending criminal charges at the time you file your expungement petition.
IMPORTANT 2024 UPDATE: Effective August 1, 2024, Louisiana Senate Bill 116 allows a person to file a motion to expunge their record of arrest and conviction of a felony offense if more than ten years have elapsed since they completed any sentence, deferred adjudication, or period of probation or parole. The law also allows for multiple felony expungements within a ten-year period if each conviction independently meets the eligibility requirements. This makes expungement more accessible for many individuals, particularly those with deferred adjudications.
Louisiana law also limits individuals to one felony expungement every 15 years, as established in the statutory framework.
This means that if you have multiple felony convictions, you must choose carefully which one to expunge, as you cannot expunge another for 15 years. (You may be able to file for expungement of multiple felonies that are older than 10 years, even in separate motions, if the motions are filed at the same time).
Yes, but it depends on the specific circumstances of the case and the type of offense.
The fact that you pled guilty to a felony charge does not automatically disqualify you from expungement.
While guilty pleas result in convictions that must be treated more restrictively than dismissals or acquittals, Louisiana law still provides pathways for expungement of certain felony convictions, regardless of whether they resulted from a guilty plea, no contest plea, or trial conviction.
The key factors that determine eligibility are:
The method by which you were convicted (guilty plea versus trial) is not the determining factor for expungement eligibility.
Non-violent felonies may be eligible for expungement if all other statutory requirements are met. Louisiana law provides expungement opportunities for various types of felony convictions, particularly those that do not involve violence or pose ongoing public safety concerns.
Examples of potentially expungeable felonies include simple possession of a controlled substance, which is often charged as a felony depending on the circumstances and the defendant’s criminal history.
Theft charges and criminal damage to property charges are generally expungeable in Louisiana, provided the standard waiting periods and eligibility requirements are met.
Forgery charges may also be eligible for expungement under appropriate circumstances. White-collar crimes such as certain fraud charges might be expungeable, depending on their classification and the specific facts of the case. Drug possession charges, even when filed as felonies, are often among the most commonly expunged convictions.
Louisiana law specifically excludes certain categories of felonies from expungement eligibility, regardless of how much time has passed or how well the individual has rehabilitated.
Some exceptions to these general rules may apply, but they are extremely limited and typically require specific circumstances or legal technicalities that are best evaluated by an experienced criminal defense attorney.
One important exception to the general rules involves Article 893(E) deferred sentences. Article 893 deals with different issues, including distinguishing a “suspended” sentence from a “deferred” sentence.
Nevertheless, Louisiana Code of Criminal Procedure Article 893(E) allows judges to defer sentencing in certain cases, typically for first-time offenders or in cases where the judge believes the defendant is likely to benefit from probation without the stigma of a conviction ([La. C.Cr.P. Art. 893(E).
If a judge allows you to plead under Article 893(E), your conviction may be set aside after successful completion of probation (a special motion must be filed; this does not happen automatically), and the case may then be eligible for immediate expungement rather than waiting the typical ten-year period.
This is why having an experienced criminal defense attorney negotiate this option at the time of your plea is so crucial.
Louisiana provides an automatic first-offender pardon for eligible individuals upon completion of their sentence.
This applies to first-time felony offenders convicted of non-violent crimes or certain specified offenses like aggravated battery, second-degree battery, aggravated criminal damage to property, simple robbery, purse snatching, or illegal use of weapons.
Once you receive a first offender pardon, you become eligible to apply for expungement, which can provide a faster pathway than waiting the full ten years.
If you entered a diversion program or had your charges dismissed after completing probation or community service, you may be eligible for expungement much sooner than the standard waiting periods. These outcomes often look similar to guilty pleas from the defendant’s perspective but are legally different.
Pretrial diversion programs are designed to allow defendants to avoid conviction by completing certain requirements such as community service, counseling, or restitution.
Upon successful completion of the program, the charges are typically dismissed, making the case eligible for immediate expungement in many instances. Every District Attorney’s Office handles pretrial diversion differently and has different rules on when expungements may be granted, so check with a local attorney to know what rules will apply to you.
The most significant recent change to Louisiana expungement law came with Senate Bill 116, which became effective August 1, 2024. This law created an important exception to the ten-year clean record requirement:
New Exception: A conviction of a noncapital felony for which the sentence was suspended pursuant to Code of Criminal Procedure Article 893(A) or (B) within the ten-year period does not operate as a bar to expungement.
This means that if you received a suspended sentence for a noncapital felony during your ten-year waiting period, it will not prevent you from expunging your original conviction.
The 2024 law also updated the official expungement forms to reflect these changes. The new forms include language acknowledging that certain suspended sentence convictions do not bar expungement.
Louisiana has established an automated expungement process through Senate Bill 111 (2023), which was supposed to be fully implemented after January 1, 2025. Although the legislation was passed, the Legislature never funded the system, so as of this writing in the Summer of 2025, the automated expungement system has not gone into effect.
Eventually, this system will:
The automated system represents a significant improvement, but it has limitations:
The expungement process in Louisiana involves several important steps that must be followed precisely to ensure success.
The cost of expungement in Louisiana is capped at $550 under the Louisiana Code of Criminal Procedure, covering court filing fees, administrative costs, and service expenses. OWI expungements may have additional costs.
The entire expungement process typically takes between 3 and 6 months from filing until the final decision if not contested, though this can vary based on:
The eligibility rules for expungement can be complex and confusing, particularly when determining whether a specific conviction qualifies for expungement.
A knowledgeable criminal defense attorney can review your specific charges, the plea you entered, and the sentence you received to determine whether you qualify for expungement.
An experienced attorney may also identify options you did not realize were available, such as filing an Article 893 motion to set aside your conviction before pursuing expungement. These alternative approaches can sometimes provide relief even when standard expungement is not available.
The expungement process involves numerous technical requirements and deadlines that must be met precisely. Missing documentation, filing errors, or failure to properly serve all required parties can result in your petition being denied or delayed.
A knowledgeable attorney can guide you through every step of the process and ensure that all requirements are met.
If the district attorney or other parties file objections to your expungement petition, your attorney can advocate on your behalf and present arguments for why expungement should be granted.
A successful expungement can improve your future opportunities by removing barriers to employment, housing, education, and other aspects of life.
Investing in legal representation for expungement can yield long-term benefits by unlocking opportunities previously barred by your criminal record.
In some cases, your attorney may be able to help you prepare for early expungement by ensuring that all requirements are met as quickly as possible. They can also challenge unjust objections from prosecutors and present the strongest possible case for why your record should be expunged.
Yes, potentially. If the felony is not one of the excluded categories (like violent or sexual crimes) and you have no new convictions in ten years, you may be eligible for expungement. The 2024 law changes also made the process easier by allowing certain suspended sentence convictions during the waiting period.
Not always.
In uncontested cases where no objections are filed, your attorney may be able to handle everything without requiring your presence in court. However, if objections are filed or the judge requests a hearing, you may need to appear.
No. Your record becomes confidential or sealed and is no longer considered a public record, but law enforcement agencies, courts, and certain government entities can still access it under specific circumstances.
But it will not appear on most background checks conducted by employers, landlords, or educational institutions.
If you have previously had a felony conviction expunged, you must wait fifteen years from the date of that prior expungement before you are eligible to file a motion to expunge a different felony conviction. Louisiana law limits individuals to filing one set of felony expungement motions every 15 years. La. C .Cr. P. art. 984(A). But if you have multiple felony convictions from the same arrest or court proceeding or you filed multiple motions at one time for several felonies, they may potentially be expunged together at the same time.
The new SB 116 (2023) states:
“A person shall be eligible to have more than one felony conviction expunged in a ten-year period if each felony is eligible for expungement under the provisions of this Article.”
Not automatically. Expungement of a non-violent felony offense may restore eligibility for a concealed handgun permit if 10 years have elapsed, but it does not automatically restore all firearm rights. A gubernator”Voting rights are automatically restored upon completion of sentence, parole, or probation under Louisiana Constitution Article I, Section 20. Specific rules may apply to individuals currently on parole.”ial pardon is typically required for full restoration of gun rights.
Also, your federal right to bear arms is not automatically restored with the expungement of a Louisiana felony. You should consult an expungement attorney to explain your rights.
If you pled guilty to a felony and want to clear your record, the possibility of expungement may be available to you, depending on the specific circumstances of your case.
While the process can be complex and the eligibility requirements strict, many individuals who pled guilty to felonies have successfully obtained expungement and moved forward with their lives.
The key to success is understanding your options and working with an experienced criminal defense attorney who can evaluate your eligibility and guide you through the expungement process. Do not let uncertainty about your eligibility prevent you from exploring this important opportunity for a fresh start.
Your past does not have to define your future. If you’re considering expungement of a felony conviction, contact The Ikerd Law Firm for a knowledgeable criminal defense attorney to discuss your case and determine the best path forward.
Legal help can make the difference between continuing to live with the burden of a criminal record and having the opportunity to move forward with your life free from those barriers.
Take the first step by consulting an attorney who can evaluate your specific situation and help you understand your options for clearing your record and maximizing your future opportunities.
Sources:
