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Disclaimer: This is general educational information, not legal advice. The material provided is current as of publication, although laws change regularly. A licensed Louisiana criminal defense attorney can assess your eligibility and guide you through the expungement procedure.
In Louisiana, expungement allows eligible individuals to remove certain criminal records from public access, opening doors to employment, housing, and personal opportunities that might otherwise remain closed due to past mistakes.
Clearing a criminal record is important for more than just legal reasons. A criminal record, even for charges that never resulted in a conviction, can create substantial barriers to employment, as approximately 92% of employers conduct criminal background checks during the hiring process.
It may be necessary to reveal your criminal background while applying for housing, getting a professional license, going to school, or even volunteering. This is why expungement is such an important step in fully reintegrating into society.
Louisiana Code of Criminal Procedure Articles 971, et seq., outlines precise ways for certain people to have their arrests and some convictions erased.
People may take charge of their destiny and move on without the burden of public criminal records if they know who is eligible for expungement, how it works, and how long it will take.
Under the Louisiana Code of Criminal Procedure Article 971, expungement specifically means “removal of a record from public access” but does not mean destruction of the record.
When a Louisiana court grants an expungement, the record becomes confidential and no longer accessible to the general public, employers, landlords, or background check companies.
But the record continues to exist and remains available to specific governmental entities, including law enforcement agencies, prosecutors, judges, and certain professional licensing boards.
Louisiana law does not allow for the sealing of adult criminal records as a separate process. Under the law, records are sealed.
In contrast, pardons are executive clemency given by the Louisiana Board of Pardons and approved by the Governor. They may restore some rights, but do not immediately erase criminal records.
A pardon for a first offense, on the other hand, can make someone eligible to seek expungement of a felony conviction right away, instead of having to wait the usual ten years.
After an expungement, the record should not show up on a background check by an employer. This means you may be able to say “no” when asked if you have been convicted of a crime (with some exceptions for jobs that require disclosure under particular laws). This makes it possible to get occupations that might not have been possible before. Most importantly, look at the phrasing of the question and know if you are applying for a sensitive job (professional licensing, law enforcement, government clearance, etc.) that may require the disclosure even if expunged.
Landlords often verify applicants’ criminal records before approving their rental applications.
When records are expunged, they are no longer available to the public, so they will not show up on normal background checks landlords use.
This makes it easier to get accommodation, but landlords may still look at other things like credit history, proof of income, and rental references when deciding whether or not to approve an application.
When looking at applications, many professional licensing boards look at the applicant’s criminal background. Some Louisiana licensing agencies can still see expunged records because of particular laws, but expungement usually makes it easier to get a professional license.
Under the Louisiana Constitution Article I, Section 20, full rights of citizenship are automatically restored upon termination of state and federal supervision following conviction for any offense.
But certain statutory restrictions (such as firearms disabilities) may continue to apply depending on the specific offense.
Expungement is a separate process that does not itself restore civil rights. Consult a Louisiana attorney about both rights restoration and expungement eligibility specific to your situation.
Expungement not only has practical benefits, but it also helps people mentally by getting rid of the stigma that comes with having a criminal record.
Louisiana law lets people deny having been arrested or convicted of a crime that has been expunged, so they do not have to talk about or explain their previous mistakes when they apply for jobs or housing.
But in other situations, like when you apply for a professional license, a job with the police, or a concealed carry permit, you still have to be honest.
A person may file a motion to expunge a record of arrest for a felony or misdemeanor offense that did not result in a conviction if any of the following apply:
A person may file a motion to expunge a misdemeanor conviction record if either of the following apply:
Exceptions: No expungement is available for misdemeanor convictions involving sex offenses (except interim expungement), domestic abuse battery, or stalking.
Special provision: First-offense marijuana possession convictions may be expunged after only 90 days from the date of conviction.
A person may file a motion to expunge a felony conviction record if any of the following apply:
Louisiana law permanently bars expungement for the following categories:
Felonies (Article 978(B)):
In 2022, Louisiana passed special laws that let victims of human trafficking ask for expungement of crimes they committed, mostly because they were trafficking victims. These people do not have to pay any fees or wait any time once they are certified.
Juvenile Records: These records are sealed by law and can only be seen by certain people or with a court order. There are specific rules that regulate how to get to and delete juvenile records under different laws.
Family Considerations: Family members cannot directly expunge records for someone else, but it is important to know who is eligible for expungement when past offenses impair the job or housing chances of the whole family. Family members can help eligible people get the paperwork they need to get expungement and encourage them to do so.
When a criminal record is fully erased, it is no longer available to the public. This includes any arrests, charges, and convictions relating to the incident that was expunged.
When the court grants the request, it tells all entities that keep records, like local police departments, sheriff’s offices, the Louisiana State Police, courts, and prosecutors, to remove the data in question from public disclosure.
After a successful expungement, the person may be able to legally say that the arrest or conviction did not happen when applying for jobs, housing, or other things, with some legal restrictions for jobs that need full disclosure.
Louisiana law also allows for partial expungement when a person has multiple charges from different arrests or when only some of the charges can be expunged and the remainder cannot.
Article 985 talks about getting rid of records that mention more than one person or more than one charge.
When some charges were dropped but others led to a conviction, or when the waiting periods for some offenses have passed but not others, partial expungement is helpful.
People can clear eligible records with partial expungement while they work toward clearing the rest of their offenses as time goes on.
Juvenile records are sealed by operation of law, but adult records are either publicly accessible or expunged.
Important Update: Beginning January 1, 2025, Louisiana implemented a new automatic expungement process that makes expungement free for eligible individuals through the Louisiana Bureau of Criminal Identification and Information (LBCII). However, this service has NOT gone into effect because the legislature never funded the program.
The LBCII identifies qualifying individuals within the database, and eligible defendants can, in theory, submit requests for automatic expungement within 30 days.
But the traditional court-based process remains available, and complex cases may still require filing through the courts.
Obtaining complete and accurate criminal records forms the foundation of any successful expungement petition.
You will need:
The Louisiana State Police Bureau of Criminal Identification and Information maintains the official state criminal history database.
You can obtain your Louisiana criminal history record by submitting a request with appropriate identification and fees. The arrest date maintained in the Louisiana State Police record must match exactly with the date listed on your expungement motion.
Note: If you were booked or convicted of more than one count, all counts arising from the same date of arrest should be included in a single motion to expunge.
Before filing, carefully review the eligibility criteria under the applicable Code of Criminal Procedure article.
Consider consulting with a criminal defense attorney to verify eligibility, especially if:
The Louisiana Legislature created standardized forms that must be used for all expungement petitions, found in the Louisiana Code of Criminal Procedure Articles 986 through 993.
These forms are available through:
File the completed petition with required attachments in the court that has jurisdiction over the case. This is typically the court where the original charges were heard.
Required Documentation:
Louisiana law states that the district attorney’s office that handled the case must be formally notified of expungement requests.
Usually, the clerk of the court sends the service through the mail with a certificate of service. The district attorney can then either support or oppose the petition to have the record erased.
For some types of expungement, the district attorney must show proof that the applicant has not been convicted of a felony within the relevant time period and does not have any outstanding criminal charges.
Before you file for expungement, you need to get this certification and send it in with your petition.
Not all expungement petitions require a contradictory hearing. Louisiana Code of Criminal Procedure Article 980(E) provides that if no objection is filed by any listed agency, the defendant may waive the contradictory hearing, and the court shall grant the motion if it determines the applicant is entitled to expungement.
However, when objections are filed or when the court requires additional information, a contradictory hearing will be scheduled.
At the hearing:
After the court grants expungement, the clerk of court must serve the order and judgment of expungement on all agencies that maintain records.
This includes:
It typically takes 30 to 60 days to receive a certificate of compliance from the Louisiana State Police confirming the expungement was processed. Additionally, Louisiana law requires sending certified copies of the expungement order to private background check companies, which are then obligated to decline requests to release the expunged record.
Ongoing Monitoring: After expungement, periodically check your own background to ensure the expungement was properly implemented across all databases. If expunged records continue to appear on background checks, contact your attorney to address the issue.
Traditional Court Process (Prior to 2025):
New Automatic Process (Effective January 1, 2025, but never implemented):
Factors that may delay the process include:
Avoiding these common errors significantly improves the likelihood of successful expungement:
Filing Incomplete or Inaccurate Petitions: Using the wrong forms, failing to include required certifications, or providing incorrect arrest dates causes delays and potential denials. The arrest date must match exactly with the date maintained in the Louisiana State Police records.
Attempting to Expunge Ineligible Offenses: Filing for expungement of permanently ineligible offenses (violent crimes, sex offenses, drug distribution) wastes time and money, as fees are not refundable when petitions are denied.
Not Consulting an Attorney for Complex Cases: Multiple charges, older records, or cases involving federal components require professional legal guidance to navigate successfully.
Failing to Follow Up: After expungement is granted, failing to verify that records are properly removed from all databases can result in continued appearance on background checks, defeating the purpose of expungement.
Missing Deadlines: Waiting too long to file after becoming eligible or missing court hearing dates jeopardizes the entire process.
Complex Eligibility Questions: Attorneys can evaluate whether your specific offense qualifies for expungement under current Louisiana law, including analysis of statutory exceptions and special provisions.
Multiple Charges or Jurisdictions: Cases involving arrests in multiple parishes or numerous charges require coordination across jurisdictions and strategic decisions about which charges to prioritize.
Older Records: Historical records may have incomplete information or discrepancies that require correction before expungement can proceed. Attorneys have experience navigating these challenges.
Federal Involvement: Cases with federal components or that involve federal databases require specialized knowledge about the interaction between state expungement and federal record-keeping.
Hearing Representation: When contradictory hearings are required, experienced attorneys present evidence effectively and respond to objections from district attorneys or other agencies.
The Ikerd Law Firm knows that having a criminal record might make it hard to reach your personal and professional goals.
Do not let what happened in the past stop you from moving forward. Call the Ikerd Law Firm immediately.
Take the first step toward getting your record clean and getting your chances back. Today, get in touch for reliable, expert expungement representation.
