Louisiana: Adult Factual Innocence (LA-FI-1)

Records relating to an arrest or conviction for which the person was judicially determined to be factually innocent, can be expunged by the court. La. C.Cr.P. Art. 976(A)(4).

Record Detail(s)

Improper conviction

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the district court. For the specific procedure, see La. C.Cr.P. Art. 976 et seq.

Fees

Fees can be waived under circumstances specified in La. C.Cr.P. Art. 983 (F). Otherwise, fees can be up to $550. La. C.Cr.P. Art. 983.

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

There is no statutory language regarding a waiting period.

Back to Louisiana