Louisiana: Adult Convictions (LA-C-1)

Records relating to a misdemeanor conviction can be expunged by the court five years after sentence completion. La. C.Cr.P. Art. 977.

Record Detail(s)

Misdemeanor

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See section 977(C) for offenses ineligible for expungement.

Procedure General

The petition must be filed in the district court. For the specific procedure, see La. C.Cr.P. Art. 977 et seq. If the records relate to a conviction for operating a vehicle while intoxicated, a certified letter from the Department of Public Safety and Correction, Office of Motor Vehicles, must be submitted with the petition. La. C.Cr.P. Art. 984(A).

Fees

Up to $550. La. C.Cr.P. Art. 983. An additional $50 is charged for petitions to expunge convictions of operating a vehicle while intoxicated. La. C.Cr.P. Art. 984. A person may proceed in forma pauperis in accordance with the provisions for waiver of court costs for indigent parties in civil matters. La. C.Cr.P. Art. 983(L).

Effect

The record is confidential and no longer public, but expungement does not limit the news media's use of the expunged record. It is made available only to persons and entities specified in La. C.Cr.P. Art. 973. The person is not required to disclose the arrest or expungement. La. C.Cr.P. Art. 972, 973.

Waiting Periods

The petition can be filed five years after sentence completion.

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