Expungement of Criminal Records in Louisiana

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criminal records


A criminal record can be a bar to certain types of employment, licensing, holding public office, and even the right to vote. Most states allow for a process called expungement that will remove certain arrests or criminal convictions from the offender’s record.


Depending upon the laws of the state in which you live and the nature of the crime, you may be able to get an arrest or conviction sealed or erased from your legal record. After the expungement process is complete, you will not need to disclose the conviction on a job or school application, and in most instances no record of the arrest or conviction will show up during a public records inspection or background check commonly done by potential employers, landlords, and educational institutions.


According to Louisiana Children's’ Code § 920-921, records that may be eligible for expungement include:


 Juvenile criminal cases, court records, including all records relating to the conduct or conditions referred to in the motion for expungement, including but not limited to pleadings, exhibits, reports, minute entries, correspondence, and all other documents. Also, agency records, including all reports and records whether on microfilm, computer memory device, or tape, or any other photographic, fingerprint, or any other information of any kind and all kinds or descriptions relating to the conduct or conditions referred to in the motion for expungement.


According to Louisiana Criminal Code 44:9:


In adult misdemeanor cases, all agencies and law enforcement records, including record of the arrest, whether on microfilm, computer card or tape, or on any other photographic, electronic, or mechanical method of storing data, photograph, fingerprint, or any other information of any and all kinds or descriptions. In felony cases records of any proceedings, order, judgment, or other action under Code of Criminal Procedure Article 893 may be ordered expunged.


In Louisiana, records concerning conduct or conditions that resulted in a felony adjudication may be expunged only if:



  • The adjudication was not for murder, manslaughter, any sexual crime, kidnapping, or armed robbery.
    Five or more years have elapsed since the person satisfied the most recent judgment against him.
    The person has no criminal court felony convictions and no criminal court convictions for misdemeanors involving a weapon.
    The person has no outstanding indictment or bill of information charging him.

For adults arrested on misdemeanor charges, records may be expunged if:



  • The time limitation for initiating prosecution on the offense has expired, and no prosecution has been instituted; or

  • If prosecution has been instituted, and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal. First or second arrests for driving under the influence of drugs or narcotics may not be expunged.

In the case of an adult arrested for the violation of a felony offense or who has been arrested for battery on a police officer or school teacher or aggravated assault, they may request expungement if the prosecutor declines to prosecute, or the prosecution has been instituted, and such proceedings have been finally disposed of by acquittal, dismissal, or sustaining a motion to quash; and the record of arrest and prosecution for the offense is without value as a prior act for any subsequent prosecution.


 For more information on expungement of criminal records in the state of Louisiana, go to the USLegal website.