Expungement of Criminal Records
What is Expungement? LSA-R.S. 44:9 (G)
“Expungement” means removal of a record from public access but does not mean destruction of the record. An expunged record is confidential, but remains available for use by law enforcement agencies, criminal justice agencies, the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, The Louisiana State Board of Psychologists, the Emergency Medical Services Certification Commission, the Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, or the Louisiana Supreme Court Committee on Bar Admissions.
Louisiana laws allow a person to “expunge’ or “clear” his or her record of arrests, criminal charges or criminal convictions in certain limited situations. What can or cannot be expunged is set out in various statutes and case law. It is highly advisable for anyone interested in seeking an expungement of a criminal record to consult with an attorney.
Basically, the following type of matters can be expunged:
A. An arrest record where the time limitation to institute prosecution has expired and no prosecution has been instituted; or
B. If prosecution has been instituted and such proceedings have been finally disposed of by dismissal, sustaining a motion to quash, or acquittal; or
C. When a plea of guilty was under Louisiana Code of Criminal Procedure Article 893 (for felonies) or 894 (for misdemeanors), and the defendant satisfactory completed the terms of his sentence.
D. Misdemeanor offenses may utilize expungement only once during a five (5) year period. DWI’s may utilize Art. 894 only once during a ten (10) year period.
E. A Motion to Set Aside under Art. 893 can occur only once in applicants lifetime.
F. A Motion to Expunge under La.R.S. 44:9 is filed as a civil proceeding.
The following matters cannot be set aside:
The fees associated with expungement are as follows:
Have investigator run rap sheet locally and through Avoyelles Parish Sheriff’s Office.
Automatic first offender pardons do not erase or act as dismissals of convictions for purposes of expungement.
No fees are due if there is a certification letter from the District Attorney’s Office that the applicant has NO felony convictions and NO pending felony charges and one of the following exists:
These forms may assist you in your expungement process. Please note that what may or may not be expunged is sometimes difficult to determine.
Instructions for Motion to Set Aside Conviction and Dismiss the Prosecution Pursuant to Louisiana Code of Criminal Procedure Article 893/894
Instructions for Motion for Expungement of Misdemeanor / Felony
Required consent form for District Attorney signature