Can I Expunge My Criminal Record in Louisiana?

A criminal record can impact your job opportunities, housing applications, and even your ability to obtain certain licenses. If you have a past arrest or conviction in Louisiana, you may be wondering whether you qualify for expungement. Fortunately, Louisiana law allows for the expungement of certain criminal records, making it possible to remove them from public view.

This guide breaks down who qualifies for expungement in Louisiana, how the process works, and recent changes in the law that will take effect in 2025. If you’re looking for a fresh start, understanding your rights is the first step.

What Is Expungement?

Before diving into the details, it’s important to understand what expungement means and how it affects your criminal history.

Definition of Expungement in Louisiana

Expungement is a legal process that seals a criminal record from public access. This means employers, landlords, and most background check services will no longer be able to see the record. However, expunged records are not completely erased—law enforcement agencies, courts, and certain government licensing boards will still have access.

Expungement vs. Record Sealing: What’s the Difference?

Many people confuse expungement with record sealing, but they are slightly different:

• Expungement: The record is sealed from public view, and most private employers cannot see it.
• Record Sealing: The record still exists but is restricted from general public access.

Important Note: Louisiana does not completely erase criminal records—expunged records remain available to law enforcement and certain agencies.

Who Is Eligible for Expungement in Louisiana?

Not all criminal records qualify for expungement. Whether you are eligible depends on the type of offense, how much time has passed, and your overall criminal history.

Arrests Without a Conviction

If you were arrested but never convicted, you can request an expungement immediately, as long as:

• Charges were dismissed, dropped, or never filed
• You were acquitted (found not guilty)
• A motion to quash the charges was granted

No waiting period applies—you can file for expungement as soon as the case is resolved.

Misdemeanor Convictions

Misdemeanor offenses can often be expunged, but there are specific conditions:

• At least five years must have passed since you completed your sentence (including probation or parole)
• You must have no felony convictions during this period
• You cannot have pending criminal charges at the time of filing

Felony Convictions

Some felony convictions may be eligible for expungement, but the requirements are stricter:

• At least ten years must have passed since completing your sentence
• You must not have been convicted of any new felonies in that time
• You must not have any pending felony charges

Crimes That Cannot Be Expunged

Certain offenses cannot be expunged in Louisiana, including:

• Violent crimes (e.g., murder, armed robbery, aggravated assault)
• Sex offenses
• Drug distribution or trafficking
• Repeat domestic abuse battery convictions
• Stalking

If your record includes any of these offenses, you will not be eligible for expungement.

The Expungement Process in Louisiana

If you meet the eligibility requirements, you can begin the expungement process. Below is a step-by-step guide on how to clear your record in Louisiana.

Step 1: Obtain Your Criminal Record

Before filing for expungement, you need a copy of your criminal history. You can request this from:

• Louisiana State Police
• Your local police department or sheriff’s office

Step 2: Complete Expungement Forms

You will need to fill out and submit the proper forms, including:

• Motion for Expungement
• Certification of Eligibility
• Affidavit of No Pending Charges

Forms can be obtained from the Louisiana Clerks of Court Association.

Step 3: File the Petition and Pay Fees

• Submit the completed petition to the clerk of court in the parish where the arrest or conviction occurred
• Pay the expungement fee of $550 (as of now)

Important Update:

Starting January 1, 2025, Louisiana will eliminate expungement filing fees, making the process more accessible.

Step 4: Wait for Review and Approval

• Expungement petitions take up to 60 days for review
• If no objections are raised by the District Attorney, Louisiana State Police, or other agencies, the court will approve the expungement

Step 5: Receive Confirmation

Once approved, your record will be sealed and removed from public databases. However, law enforcement agencies and certain licensing boards will still have access.

Recent Changes to Louisiana Expungement Laws (Effective 2025)

Louisiana has passed significant reforms that will take effect on January 1, 2025. These changes aim to make expungement easier and more affordable.

Key Updates:

• Elimination of Expungement Fees – No more $550 filing fee
• Faster Processing – The process will be streamlined for quicker approvals
• Expanded Eligibility – Some non-violent felony offenses may become eligible

These changes will make it easier for thousands of Louisiana residents to clear their records.

FAQs About Expungement in Louisiana

Can I expunge multiple charges at once?

Yes, if the charges stem from the same incident. However, separate cases may require multiple petitions.

How long does the expungement process take?

The process typically takes 60–90 days, but delays can occur if agencies object.

Will an expunged record show up on a background check?

For most employers, no. However, law enforcement and government agencies can still access expunged records.

Do I need a lawyer to file for expungement?

You can file on your own, but hiring an expungement lawyer can help avoid mistakes and increase the chances of approval.

Conclusion

Expungement can open doors to better job opportunities, housing, and a fresh start. With Louisiana’s new expungement laws taking effect in 2025, the process will be more accessible than ever. If you think you qualify, now is the time to start preparing your application. Don’t let your past hold you back—explore your legal options today.

At The Hinch Firm Trial Attorneys, we help individuals in Louisiana determine their eligibility and guide them through the expungement process. If you’re ready to take control of your future, schedule a confidential consultation today. Our team has the experience and knowledge to help you understand your legal options and pursue the best possible outcome.

Call us at 337-267-8430 to get started. Let’s work together to clear your record and give you a fresh start.

 

Disclaimer: This blog post is intended for informational purposes only and should not be taken as legal advice.