Expunging or Sealing Adult Criminal Records in Louisiana

A person with a Louisiana criminal record might be able to get their record expunged. Expunging records can open doors to employment, housing, and educational opportunities. Learn who's eligible for expungement in Louisiana, what records qualify, and how to request expungement.

What Is Expungement in Louisiana?

Expungement allows individuals with eligible criminal records to seal those records from public view. By removing public access to these records, a person can seek gainful employment and housing without the stigma of a criminal record. In most instances, a person doesn't need to disclose expunged arrest or conviction records.

Like many states, Louisiana doesn't destroy expunged records. These records are considered confidential and only accessible under limited circumstances. For example, expunged records remain available for certain criminal justice and professional licensing purposes.

(La. Code Crim. Proc. arts. 971, 973 (2024).)

What Criminal Records Are Eligible for Expungement in Louisiana?

A person can seek expungement of the following types of records:

• arrest records where no conviction occurred
• a first misdemeanor conviction for marijuana possession 90 days after conviction
• a misdemeanor conviction for an eligible offense 5 years after the completion of the sentence, and
• a felony conviction for an eligible offense 10 years after completion of the sentence.

Most misdemeanor offenses qualify for expungement except domestic abuse battery, stalking, and sex offenses. Louisiana law, however, has a much longer list of ineligible felony offenses, such as sex offenses involving minors, domestic abuse battery, most crimes of violence, and several drug felonies.

Expunging Arrest Records in Louisiana When No Conviction Occurred

A person arrested for—but not convicted of—a misdemeanor or a felony, can petition for expungement if:

• the district attorney declined to prosecute for any reason, including when a person successfully completes pretrial diversion
• the statute of limitations for bringing charges has expired and no proceedings were initiated
• the charges were dismissed
• the court granted a motion to quash the charges, or
• the court or jury acquitted the defendant.

In addition, a person who was convicted but later found factually innocent and entitled to compensation for a wrongful conviction can petition to have the arrest and conviction records expunged.

In most instances, a person can ask the court to expunge their arrest record immediately once one of the above circumstances applies. But for any DUI arrests resolved through pretrial diversion, a person must wait 5 years from the date of their arrest to apply.

(La. Code Crim. Proc. art. 976 (2024).)

Expunging Misdemeanor Conviction Records in Louisiana

A person can immediately ask the court to expunge an eligible misdemeanor conviction that was set aside and the prosecution dismissed. A 90-day wait period applies to first-time misdemeanors for marijuana possession.

For most other eligible misdemeanor convictions, a person must wait at least 5 years after completing their sentence, deferred adjudication, probation, or parole to ask for an expungement. The person can't have any felony convictions during the 5-year wait period and can't have any pending felony charges at the time of the application.

(La. Code Crim. Proc. art. 977 (2024).)

Expunging Felony Conviction Records in Louisiana

A person can seek expungement of an eligible felony conviction at any time if:

• the conviction was set aside and the prosecution dismissed, or
• the person is entitled to a first-offender pardon (except for crimes of violence and sex offenses).

For most other eligible felony convictions, the person must wait 10 years from completion of their sentence, deferred adjudication, probation, or parole. The person can't have any convictions during the wait period. Having pending criminal charges disqualifies the person from expungement.

(La. Code Crim. Proc. art. 978 (2024).)

How to File for Expungement in Louisiana

Generally, seeking an expungement in Louisiana involves filling out the necessary forms, filing the forms with the court, and paying the filing fee. Someone who can't afford the fees can apply to have the fee waived. Certain individuals are exempt from filing fees, including victims of human trafficking or identity theft when the record resulted from victimization.

Objections filed. If the district attorney or law enforcement objects to the expungement, the person might have to go to court and attend what's called a contradictory hearing to fight for the expungement.

No objections. The court can grant an expungement without a hearing when no objections are filed and the defendant qualifies for expungement under the law.

Incarcerated persons can't file. Louisiana law doesn't permit incarcerated individuals to file expungement motions.

The expungement process can differ depending on which parish the case is in. There's a very helpful nonprofit organization called the Justice and Accountability Center of Louisiana (JAC) that has online guides to expungement procedures in various parishes. They also have links to forms needed for seeking expungement.

(La. Code Crim. Proc. arts. 975, 980, 983 (2024).)

Does Louisiana Have Automatic Expungement?

Not yet. The legislature passed a law in 2023 to implement automatic expungement by January 1, 2025. However, this legislation only goes into effect if it gets funding.

(La. Code Crim. Proc. art. 985.2 (2024).)

Getting Legal Help

Cleaning up a criminal record can be complicated, and the law can change at any time. To learn more about expunging criminal records in Louisiana—and to discuss your personal circumstances—consider contacting a qualified criminal defense attorney.