What Does it Mean to “Expunge a Record” in Louisiana and Who Can Still Access the Record?
An expungement removes the arrest or conviction records from public access; does not destroy the record completely.
An expunged record remains confidential but available to law enforcement and certain licensing boards (ex. Louisiana State Board of Examiners, Louisiana State Board of Nursing, etc.).
Can All Louisiana Criminal Records Be Expunged?
No. The record of arrest for any crime for which someone is NOT ultimately convicted can be expunged. This can include crimes for which someone was arrested but not prosecuted, as well as crimes for which someone was prosecuted, but found “not guilty.” It can also include cases where someone was arrested for one charge but found guilty of a lesser one.
Expunging the record of a conviction, however, is more restrictive. It is permissible in many cases but is not possible for sex crimes, most crimes of violence, some distribution charges, misdemeanor domestic abuse battery and misdemeanor stalking.
Is an Expungement the Same as an “Article 893/894” or Deferred Sentence?
No. Under Louisiana Code of Criminal Procedure articles 893 (for felonies) and 894 (for misdemeanors), in some limited circumstances, the court may allow a first-offender to change the record of conviction to a record of an acquittal (“not guilty”) after the offender completes probation, refrains from future criminal conduct, files an affidavit of compliance with the clerk of court, and pays additional court costs.
While this process does cancel the conviction for most purposes, it still leaves your public criminal record reflecting that the arrest, conviction, and 893/894 acquittal occurred.
An 893/894 dismissal will also still expose you to an enhanced charge if you commit that offense again.
I Received a First Offender Pardon. Does That Automatically Expunge My Record?
No. There are two kinds of pardons. Both restore rights differently.
An automatic first-offender pardon issued by the Department of Corrections is given to first-time offenders in Louisiana (some crimes are excluded from eligibility).
An automatic first offender pardon does not prevent the State from using your record against you in the future, nor is your record sealed from public view.
A full governor’s pardon prevents your record from being used against you at a later time for subsequent convictions and restores additional rights to the offender.
What If I Pleaded “No Contest” or Nolo Contendere?
For criminal law purposes, that is the same as a “guilty” plea, which means you were convicted of that crime.
Nolo contendere, in criminal trials, is a plea where the defendant neither admits nor disputes a charge—the defendant has “no contest” to them, but accepts punishment in the same way as if they had pleaded “guilty.”
While not technically a guilty plea, it has exactly the same criminal legal effect as a guilty plea, and is often recorded in criminal records as a “guilty” plea.
It is a conviction and is subject to any and all penalties, fines, and forfeitures of a conviction from a guilty plea, and it can be used in future criminal actions.
If you pleaded nolo contendere or “no contest,” you will still have a criminal record of arrest and conviction and you should pursue an expungement, if eligible.
What If The Police Just Gave Me a “Ticket,” “Citation,” or a “Summons” to Appear in Court, and They Did Not Take Me to Jail or Make Me Post Bail? Does That Mean I Wasn’t Arrested So There Won’t Be Anything on My Record?
No. At least as far as your criminal record is concerned, a reportable arrest occurred when the officer gave you a ticket, citation, or summons. The fact that you were not “booked” formally into the jail does not mean you were not arrested.
Regardless of whether you were taken to jail or not, if you pleaded “guilty,” were convicted, or paid a fine, that will be reflected as a conviction on your record which can only be removed by an expungement.
If My Charge Was Dismissed in Court, Do I Still Need an Expungement?
Yes, you should still pursue an expungement, because the arrest record will remain on your record, until it is expunged. Despite your case being dismissed, the record of your booking/arrest may continue to cause you problems in applying for school, a job, etc.
Who Can Get an Expungement?
If you have a record of arrest from Louisiana, it may be eligible to expunge, please contact our firm to determine your eligibility.
Can Federal Arrest Records Be Expunged?
Typically, federal arrest and court records are not expungable, but please consult with a federal criminal defense attorney to confirm your eligibility.
What Could Make Me Ineligible?
Certain felony convictions are not eligible to expunge. A few examples: domestic abuse cases, sex offenses, crimes of violence (some exceptions apply).
Other disqualifying circumstances may apply; please ask your attorney.
If I Was Never Prosecuted, How Long Do I Have to Wait to Apply for an Expungement?
Applications may be filed immediately following an acquittal or the dismissal of charges (some exceptions may apply).
How Long After My Conviction Do I Have to Wait to Ask for an Expungement?
To expunge a misdemeanor conviction, five years must have lapsed since the completion of any sentence, deferred adjudication, or period of probation or parole, and you must not have been convicted of any felony offense during the five-year period, nor have felony charges pending when you apply.
A misdemeanor sentence imposed under article 894(B) is not subject to the five-year rule and can be expunged immediately upon completion of deferred adjudication.
To expunge a felony conviction, ten years must have lapsed since the completion of any sentence, deferred adjudication, or period of probation or parole, and you must not have been convicted of any other criminal offense during the ten-year period, nor have criminal charges pending when you apply.
If your sentence was imposed under 893(E), you do not have to wait ten years and can ask for an expungement immediately upon completion of deferred adjudication.
Importantly, recent changes to the law now allow anyone whose crime is eligible for a “first offender’s pardon” to expunge their record immediately after completion of sentence.
If I Apply for a Job After My Record is Expunged, How Do I Answer Questions About My Record on a Job Application?
You may say “no” to any question that asks if you have been arrested or convicted of a crime.
You may also deny that you received an expungement.
If I Get My Record Expunged, Are There Situations Where I Would Still Have to Disclose an Expunged Criminal Record?
- Applying for some state-issued professional licenses
- Applying for a law-enforcement job
- Applying for some school-related jobs
- Buying a firearm or applying for a concealed carry permit.
How Long Does the Expungement Process Take?
It varies widely. The Louisiana expungement law allows sixty days from the date of filing for all the agencies to respond to your request for an expungement.
Thereafter, it may take an additional time to obtain a hearing date, if necessary.
After the court rules on the hearing or grants the motion for expungement, it may take several months for the Louisiana State Police to mail you a Certificate of Compliance.
A reasonable expectation for an uncomplicated expungement would be around 6 months from the time you provide all of the required information to your lawyer.
Once I Get My Expungement, How Long Will It Take Private Background Check Companies to Delete or Stop Reporting My Information?
It can take several months. Private companies may periodically update their records against state conviction records.
After an expungement order is processed by the State Police in Louisiana, the Bureau of Criminal Identification and Information will alter your record and may report the expungement to certain companies who have previously requested your criminal record.
What is an Interim Expungement?
A person may file an Interim Motion to Expunge a Felony Arrest when a felony arrest results in a misdemeanor conviction.
The motion only expunges the original felony and not the conviction of the misdemeanor.
Interim motions to expunge are separate from a motion to expunge a final conviction.
Additional fees may be assessed after completion of probation if the defendant wants the misdemeanor conviction expunged at a later date. It may be worth it to wait for the full expungement- Ask one of our attorneys about this.
What if I Got Arrested with Other People?
You may receive a redacted expungement removing only your identifying information.
What are the Attorney Fees Associated with Expungement?
Attorney fees vary depending on many case factors. Please call Dewey & Braud Law at (225) 953-8330 to discuss further.
What are the Filing Fees Associated with an Expungement and When Are They Due?
In addition to attorney’s fees to prepare, file and finalize the expungement, filing fees may also be due. These fees are charged by the agencies who have a record of your case (Sheriff, District Attorney, Clerk of Court and State Police). The total filing fees will not exceed $650.
They are due at the time that the motion for expungement is filed.
These filing fees are non-refundable, even if the court denies the motion.
Are There Exceptions to the Filing Fees?
Yes, there are exceptions to the filing fees. Please ask our office if you’ll have filing fees due on your expungement.
What About My Right to Possess Firearms?
An expungement will NOT automatically restore your rights to possess a firearm! BUT, it is a good step toward restoring those rights! Contact Dewey & Braud Law at (225) 953-8330 to further explain.
