In Louisiana, your criminal record may be expunged -- that is, erased or sealed -- under the circumstances described below. If your record qualifies, it will either be destroyed or hidden from public view, depending on the underlying offense. In most cases, you will not have to disclose that you were arrested or convicted of a crime.
If You Were Not Convicted of a Crime
If you were arrested for -- but not convicted of -- the violation of a municipal or parish ordinance or a state-law misdemeanor, you may be able to expunge the related record. You can petition for expungement if:
- the statute of limitations for bringing charges has expired and no proceedings were initiated
- the charges against you were dismissed
- the court granted a motion to quash the charges against you, or
- you were acquitted of the charges.
DUI arrests may not be expunged.
(Louisiana Criminal Code § 44:9.)
In addition, some felony arrests and arrests for other serious crimes -- including battery of a police officer, battery of a school teacher, or aggravated assault -- may qualify for expungement. To learn more about clearing records related to these offenses, carefully read Sections 44:9(B) and (C) of the Louisiana Criminal code or consult a criminal law attorney.
If You Were Convicted of a Crime
Ordinance violations or misdemeanor offenses. If you were convicted of the violation of a municipal or parish ordinance or for violation of a state-law misdemeanor, you may be able to expunge the related record. You can petition for expungement if it has been at least five years since the end of your sentence, deferred adjudication, probation, or parole.
You can expunge only one misdemeanor offense during any five-year period. For DWI convictions, you may expunge only once every ten years.
Convictions involving sexual acts or domestic violence cannot be expunged.
Felony offenses. If your felony conviction was dismissed after you successfully completed probation, the record may qualify for expungement. Sex offenses against minors may not be expunged.
(Louisiana Criminal Code § 44:9.)
Getting Legal Help
Cleaning up a criminal record can be complicated. To learn more about expunging criminal records in Louisiana -- and to discuss your personal circumstances -- you should contact a qualified criminal defense attorney.
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