How to Expunge a Felony in Louisiana

If you qualify, you can file a felony expungement yourself. Felony cases have stricter rules than misdemeanors, so check that you qualify before you start. Read Am I Eligible for Expungement first.

 

Who Can File

• 10 years after your sentence. You can file 10 years after you finish your sentence, probation or parole, as long as you have no new conviction in that time and no charges pending.

• Set aside and dismissed. If the judge set aside your conviction and dismissed the case under Article 893 after you finished probation, there is no waiting period.

• Some felonies cannot be expunged. This includes sex offenses that require registration, most crimes of violence and many drug felonies. A few violent offenses may qualify after 10 years with a steady work history, the DA's approval and a court hearing.

 

Before You Start: Gather Your Records

• Bill of information. This is the charging document. Get it from the clerk of court in the parish where you were charged.

• Court minutes. These show how your case ended. The clerk of court has these too.

• Background check. Your criminal history (rap sheet) shows every arrest you need to list.

 

Step 1: Fill Out the 4 Required Forms

Every expungement filing in Louisiana needs these four forms:

• Motion for Expungement

• Judicial Order

• Affidavit of Response

• Order of Expungement

If your charges do not fit on the motion, add the Supplemental Sheet for Felony Convictions behind page 2. The Expungement App can fill out these forms for you for $20.

 

Step 2: Add Any Extra Forms Your Case Needs

• Set aside under Article 893. If your conviction was set aside after probation, include the Motion to Set Aside Conviction and Dismiss Prosecution.

• Felony arrest, misdemeanor conviction. If you were arrested for a felony but convicted of a misdemeanor and are still on probation, you can expunge the felony arrest now with the Interim Expungement Motion. After probation ends, you file a second expungement for the misdemeanor.

 

Step 3: Pay the Fees or Ask for a Waiver

Filing usually costs up to $550. If you cannot afford it, you may qualify for a waiver. See Expungement Cost and Fee Waivers before you file.

 

Step 4: File With the Clerk of Court

File your forms with the clerk of the district court in the parish where you were convicted. In Orleans Parish, that is Criminal District Court. Ask for a stamped copy of everything you file.

 

Step 5: Wait 60 Days for the Agencies to Respond

The clerk sends your motion to the district attorney, the arresting agency and Louisiana State Police. Each has 60 days to object. If no one objects, the judge can sign your order without a hearing. If someone objects, the court will set a hearing date.

 

Step 6: Get Your Signed Order

Once the judge signs the Order of Expungement, it goes to the agencies so they can update your record. Louisiana State Police will mail you a confirmation when its records are updated. Keep copies of your signed order and that letter.

 

How Long It Takes

Plan on at least 60 days from the day you file for the agencies to respond. Cases that need a hearing take longer. It can then take more time for State Police to update your record and mail your confirmation.

 

Get Help

• Check your eligibility for free with the Expungement App.

• Bring your records to a free JAC expungement clinic.

• Get all the forms and parish guides from the JAC Expungement Program.

 

This page is general information, not legal advice. Talk to an attorney about your situation.