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Am I Eligible for Expungement?

Expungement seals your Louisiana criminal record from public view. Once it is granted, most employers, landlords and schools can no longer see it. Use this page to get a quick read on whether you may qualify, then check for free with our Expungement App.

 

Who Qualifies

  • Arrests with no conviction. If the DA refused the charges, the case was dismissed, or you were found not guilty, you can usually file right away.

  • Misdemeanor convictions. You can file 5 years after you finish your sentence, probation or parole, as long as you have no felony conviction in that time.

  • Felony convictions. 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 after you completed probation (Article 893 for felonies, Article 894 for misdemeanors), there is no waiting period.

  • First offender pardon. A first offender pardon can make you eligible, but it does not expunge your record on its own. You still have to file.

 

Misdemeanor vs. Felony Wait Periods

  • Misdemeanor: 5 years after your sentence ends, with no felony conviction during that time.

  • Felony: 10 years after your sentence ends, with no conviction of any kind during that time and no pending charges.

  • Either one: no wait if your conviction was set aside and dismissed under Article 893 or 894.

 

What Can't Be Expunged

Some records cannot be expunged in Louisiana, or only in narrow cases:

  • Sex offenses that require registration, and crimes against minors

  • Domestic abuse battery

  • Stalking

  • Most crimes of violence. A few, like second degree battery, aggravated battery, simple robbery and purse snatching, may qualify after 10 years with a steady work history, the DA's approval and a court hearing.

  • Many felony drug convictions, such as distribution or possession with intent to distribute

  • DWI, which can usually be expunged only once in a 10 year period

Not sure where you fall? The rules have exceptions. The Expungement App and our attorneys can sort out the details for your record.

 

What It Costs

Filing usually costs up to $550 in court and agency fees. If you cannot afford it, you may qualify for a fee waiver. See Expungement Cost and Fee Waivers.

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Next Steps

  1. Check your eligibility for free with the Expungement App.

  2. Come to a free JAC expungement clinic for help from an attorney.

  3. Ready to file? Read How to Expunge a Misdemeanor or How to Expunge a Felony.

  4. Learn more about the JAC Expungement Program.

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

Justice and Accountability Center of Louisiana

4640 S. Carrollton Avenue, Suite 280

New Orleans, LA  70119

© 2021 by JAC Louisiana

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