Louisiana: Adult Non-Conviction Arrests (LA-NC-2)

A record of a felony arrest where the original arrest resulted in a misdemeanor conviction can be expunged by the court. La. C.Cr.P. Art. 985.1.

Record Detail(s)

Charges resolved in favor of defendant

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. 979 et seq.

Fees

General expungement fees may be up to $550. La. C.Cr.P. Art. 983. 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(I).

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.

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