An arrest or criminal charge can continue to affect your life long after a case is resolved. If you were arrested or prosecuted, the resulting record may appear in background checks or public records and may affect employment, housing, educational, or lending opportunities.
If this is your situation, Dewey & Braud Law wants to help you explore the possibility of expunging your prior offenses. In Louisiana, the law provides for certain case information to be removed from a person’s visible criminal record. Our Baton Rouge criminal defense lawyers can help you find out if you are eligible for this relief.
Contact the office to find out if your case is eligible for an expungement. Dial (225) 953-8330 now or contact Dewey & Braud Law online to schedule your free consultation.
Types of Expungements We Handle
Every record and case history is different. Dewey & Braud Law helps clients evaluate whether they may qualify for expungement in matters involving:
- Arrest records for charges that were dismissed, declined for prosecution, or resulted in an acquittal
- Eligible misdemeanor convictions
- Eligible felony convictions
- DWI expungement matters, sometimes searched as DUI expungement
- Eligible drug-related offenses
- Cases resolved under Louisiana Code of Criminal Procedure Article 893 or Article 894
- Records involving first-offender relief or a First Offender Pardon
The availability of expungement depends on the charge, the outcome of the case, and the requirements that apply to your record. A Baton Rouge expungement lawyer can review your circumstances and explain your available options.
Eligibility and Qualifications for Expungement in Baton Rouge
Louisiana expungement eligibility is not automatic. Whether you may qualify depends on the charge, how the case was resolved, the completion of any sentence or supervision, the time that has passed, and your subsequent criminal history.
You may be able to seek expungement if:
- You were arrested, but the charge was dismissed, declined for prosecution, or resulted in an acquittal
- You were convicted of an eligible misdemeanor and meet the applicable waiting-period and criminal-history requirements
- Your case was dismissed or set aside under Louisiana Code of Criminal Procedure Article 893 or Article 894, and you otherwise meet the requirements for expungement
- You received a First Offender Pardon and may be eligible to pursue a separate expungement proceeding
A First Offender Pardon is not the same as expungement. It does not automatically expunge a record or eliminate public access to it. Depending on the circumstances of your case, you may need to file a separate motion for expungement.
Many misdemeanor expungement cases involve a waiting period, but the applicable requirements can vary by offense and case outcome. A Louisiana expungement attorney can evaluate your record and determine whether you may be eligible.
Expunging Felonies
Felony expungement in Louisiana is limited and depends heavily on the specific offense, the disposition of the case, the completion of the sentence, and the person’s later criminal history. Not every nonviolent felony is automatically eligible for expungement.
Can Felonies Be Expunged in Louisiana?
Certain felony convictions may qualify for expungement. For many qualifying felony convictions, more than 10 years must have passed since the completion of the sentence, deferred adjudication, probation, or parole. The person generally must also have no new conviction during that period and no pending criminal charge.
Other paths to expungement may be available for certain cases resolved under Article 893. Whether a particular felony record qualifies depends on the statute, the court record, and the individual circumstances involved.
Are There Exceptions?
Some felony convictions are excluded from the standard expungement process, including many offenses classified as crimes of violence, sex offenses, and other offenses specifically excluded under Louisiana law. Limited statutory exceptions or special procedures may apply in certain circumstances.
If you have multiple felony cases, a later conviction, a pending charge, or uncertainty about the requirements that apply to your record, a felony expungement attorney in Louisiana can evaluate your options.
The Expungement Process in Louisiana
The expungement process involves more than submitting a form. The correct court, supporting documents, certifications, filing fees or fee-waiver materials, and notice to the appropriate agencies may all be required.
While the process varies by case and parish, it generally includes the following steps:
- Review the record and case disposition. An attorney reviews the arrest, charge, outcome, sentence, supervision history, and related court records.
- Gather required documents. Depending on the case, this may include certified court dispositions, district attorney certifications, criminal-history information, and proof that sentencing obligations were completed.
- Prepare and file the motion. The motion to expunge is generally filed with the court in the parish where the arrest or prosecution occurred.
- Address filing fees or a possible fee waiver. Required costs and fee-waiver eligibility vary by case. Supporting documentation must generally be submitted with a fee-waiver request.
- Allow the court and agencies to review the filing. The court, district attorney, Clerk of Court, Louisiana State Police, and other applicable agencies may review the request and may have an opportunity to object.
- Receive and process the court’s order. If the motion is granted, the responsible agencies must receive and process the order before their records are updated.
Louisiana State Police states that documents required for expungement, including any eligible fee-waiver materials, should be submitted with the motion.
Do You Need a Lawyer for Expungement?
You are not always legally required to hire an expungement lawyer. However, Louisiana expungement laws can be technical, and a mistake involving the wrong court, missing certification, incorrect fee, incomplete motion, or ineligible charge can delay or derail the process.
An expungement attorney can help you determine whether you qualify before filing, identify the proper waiting period, collect the required documents, respond to agency objections, and follow up after an order is granted. If you have a felony conviction, multiple cases, a DWI, a prior expungement, or uncertainty about Article 893 or 894 relief, legal guidance can be especially valuable.
How Long Does Expungement Take in Louisiana?
There is no fixed timeline for a Louisiana expungement. Some matters may be completed within several weeks or months, while cases involving incomplete documentation, multiple charges, court scheduling, or agency objections can take longer.
The process typically has two stages:
- Court filing and review: This stage includes preparing the motion, gathering the required documents, submitting the filing, and allowing the court and relevant agencies to review it.
- Processing after a court order: If an expungement is granted, additional time may be needed for the responsible agencies to receive the order and update their systems.
A complete filing can help reduce avoidable delays. An expungement attorney can also monitor the case and follow up as appropriate after an order is granted.
How Our Baton Rouge Expungement Attorneys Can Help Your Case
At Dewey & Braud Law, we understand the impact that a criminal record can have on your life, from employment opportunities to housing applications. Our attorneys are here to guide you through the available legal steps to pursue an expungement and limit public access to eligible records.
Our services include:
- Comprehensive Case Evaluation: We will thoroughly review your case to determine if you qualify for an expungement under Louisiana law. This includes analyzing past convictions, acquittals, and any time restrictions that may apply.
- Tailored Legal Advice: Every case is unique. We provide personalized legal advice, helping you understand the specific steps required to pursue an expungement.
- Filing and Documentation: We handle all necessary paperwork and filings, ensuring that your petition for expungement is accurately prepared and submitted to the court.
- Follow-Up: After an expungement is granted, we continue to monitor the process, following up as appropriate after an order is granted to help confirm that the responsible agencies have received and processed the order.
Let our team help you regain your peace of mind and move forward with greater confidence and fewer barriers created by an eligible public criminal record. Contact the office to find out if your case is eligible for an expungement. Dial (225) 953-8330 now or contact Dewey & Braud Law online to schedule your free consultation.
Frequently Asked Questions (FAQ) About Expungements in Louisiana
What is an expungement?
In Louisiana, expungement generally limits public access to qualifying arrest and conviction records. Certain law enforcement agencies and other entities authorized by law may still be able to access the records.
Who is eligible for expungement in Louisiana?
Eligibility for expungement in Louisiana depends on several factors, including the nature of the offense, whether it was a misdemeanor or felony, the time that has passed since the completion of your sentence, and whether you have any subsequent convictions. Specific criteria must be met to qualify, and some offenses, particularly violent crimes or sex offenses, may not be eligible.
What crimes are not eligible for expungement?
Some felony convictions are not eligible for expungement, including many offenses classified as crimes of violence, sex offenses, and other offenses excluded under Louisiana law. Limited statutory exceptions or special procedures may apply in certain cases, so eligibility should be evaluated based on the specific charge, conviction history, and current law.
Can a DWI conviction be expunged in Louisiana?
A DWI conviction may be eligible for expungement in some circumstances, but the requirements differ from those that apply to many other misdemeanor offenses. In East Baton Rouge Parish, guidance indicates that misdemeanor DWI expungement cases generally require a 10-year arrest-free period. An expungement lawyer can review your record and explain whether you may qualify.
Is there a free expungement program in Baton Rouge, Louisiana?
There may be fee-waiver options for qualifying applicants, but eligibility is limited and should not be assumed. The East Baton Rouge Parish District Attorney notes that some people may qualify for a fee waiver when charges were not prosecuted or were dismissed without participation in a diversion program. Louisiana State Police also notes that fee waivers require supporting documentation and that people with a felony conviction, including an expunged felony, may be ineligible for a waiver.
A criminal expungement lawyer can review whether you may qualify for a fee waiver and ensure the request includes the necessary paperwork.
What is the difference between expungement and sealing records?
The terms can mean different things in different states. In Louisiana, an expungement generally restricts public access to qualifying arrest or conviction records, while certain government agencies and authorized entities may retain access. The practical goal is to remove the record from public view, not necessarily to eliminate every record held by the government.
How long does expungement take in Louisiana?
There is no set timeline for every case. A Louisiana expungement may take several weeks to several months or longer, depending on the court, required documents, agency review, and whether an objection is filed. Even after an order is granted, additional processing time may be needed before the responsible agencies update their systems.
