Louisiana: Adult Diversion/Deferral Program (LA-D-2)

Records relating to a felony case dismissed following successful completion of deferred sentence probation may be expunged by the court immediately. La. C.Cr.P.Art. 978(A)(2).

Record Detail(s)

Completion of diversion or deferral program

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 La. C.Cr.P. Art. 894 and La. R.S. 13:5304 for deferred sentence eligibility criteria. See La. C.Cr.P. Art. 978(B) for offenses ineligible for expungement.

Procedure General

At the conclusion of a period of deferral, the court can set the conviction aside and dismiss the prosecution if the defendant has not been convicted of any other offense and no criminal charges are pending. La. C.Cr.P. Art. 894(B)(1). Thereafter, the petition to expunge the record must be filed in the district court. For the specific procedure, see La. C.Cr.P. Art. 978.

Fees

Up to $550. An additional $50 is charged for petitions to expunge convictions of operating a vehicle while intoxicated. 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), 984.

Effect

The record is confidential and no longer public, but expungement does not limit news media's use of an 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 upon case dismissal.

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