Expungement in Louisiana: A Step-by-Step Guide to Clearing Your Record
A criminal record in Louisiana can follow you for years — affecting your ability to get a job, rent an apartment, secure a business license or qualify for a loan. But for many people, that record doesn't have to be permanent.
Louisiana law allows for the expungement of certain arrests and convictions under the Louisiana Code of Criminal Procedure Articles 971 through 995. When a record is expunged, it is removed from public view. That means it will not appear on standard background checks, giving you a meaningful fresh start.
At Bynog Advocacy and Defense in Lafayette, we help clients navigate the expungement process regularly. Our founder, a former federal prosecutor, understands the system from the inside — and knows how to move through it efficiently. This guide walks you through who qualifies, how the process works and what to expect.
Who Is Eligible for Expungement in Louisiana?
Eligibility depends on several factors: the type of offense, the outcome of your case and how much time has passed since you completed your sentence.
Cases That Were Dismissed or Resulted in Acquittal
If your case was dismissed, you were found not guilty or the charges were refused by the district attorney, you are generally eligible for expungement. Under Louisiana law, you may file for expungement of an arrest record when no conviction resulted, often with no waiting period.
Misdemeanor Convictions
Many misdemeanor convictions are eligible for expungement after a waiting period. The waiting period typically begins after you have completed your sentence, including any probation or parole. For most misdemeanors, the waiting period is five years from completion of the sentence, but some offenses have shorter or longer windows depending on the statute.
Felony Convictions
Some felony convictions are eligible for expungement in Louisiana, but the rules are more restrictive. Under La. C.Cr.P. Art. 978, certain felony convictions can be expunged after a 10-year waiting period from the completion of the sentence, provided the person has not been convicted of any other criminal offense during that time.
However, not all felonies qualify. Convictions for sex offenses requiring registration, crimes of violence as defined under La. R.S. 14:2(B) and certain domestic abuse offenses are generally excluded from expungement eligibility.
Pretrial Diversion and Deferred Adjudication
If you completed a pretrial diversion program or received a deferred sentence that was later dismissed, you are generally eligible for expungement. These cases are treated similarly to dismissals for expungement purposes.
First Offender Pardons
If you received a first offender pardon from the governor, you may also be eligible for expungement of the underlying conviction.
The Expungement Process: Step by Step
Step 1: Determine Your Eligibility
The first step is confirming that your specific offense qualifies for expungement and that you've met the applicable waiting period. This is where working with an attorney is especially valuable — the eligibility rules are detailed and offense-specific. What qualifies for one charge may not qualify for another, even within the same case.
You can obtain a copy of your criminal record from the Louisiana State Police Bureau of Criminal Identification and Information (BCII) to review what's on your record. The cost for a Right to Review request is $26.
Step 2: Prepare and File the Petition
Expungement in Louisiana requires filing a formal petition with the district court in the parish where the arrest or conviction occurred. The petition must include specific information about the offense, the case number, the outcome and your personal identifying information.
The petition must also be served on the relevant parties, which may include the district attorney's office, the arresting law enforcement agency, the Louisiana Bureau of Criminal Identification and Information and, in some cases, the attorney general's office.
Step 3: Pay the Filing Fees
Louisiana charges fees for expungement petitions. The standard filing fees are:
$550 for expungement of an arrest record (no conviction)
$550 for expungement of a conviction
Additional court costs may apply depending on the parish
In cases of financial hardship, Louisiana law provides for fee waivers. If you cannot afford the filing fees, you can request that the court waive them. The court will evaluate your financial situation before making a determination.
Step 4: Wait for the Response
After the petition is filed and served, the district attorney has the opportunity to object. If the DA does not object, the court may grant the expungement without a hearing in some cases. If the DA objects, a hearing will be scheduled and you (or your attorney) will need to appear before a judge to argue why the expungement should be granted.
Step 5: The Court Order
If the court grants your petition, it will issue an order directing all relevant agencies — the arresting agency, the clerk of court, the Louisiana State Police and others — to remove the record from public access. This does not destroy the record entirely. The record is sealed and becomes confidential, accessible only to law enforcement and certain authorized agencies under limited circumstances.
Step 6: Verify Completion
After the order is issued, it's important to follow up and confirm that all agencies have processed the expungement. Background check databases may take time to update. A thorough attorney will verify that the record has been removed from public-facing systems.
How Long Does Expungement Take in Louisiana?
The process typically takes two to four months from filing to completion, depending on the complexity of the case, whether the district attorney objects and the court's calendar. Cases involving objections or hearings may take longer.
What Expungement Does — and Doesn't — Do
After expungement, your record is removed from public background checks. Standard screenings by employers, landlords, licensing boards and lenders will not reveal the expunged offense.
You can legally deny the arrest or conviction in most situations. Under Louisiana law, once a record is expunged, you may respond to questions about your criminal history as though the arrest or conviction never occurred, with limited exceptions for law enforcement and certain professional licensing contexts.
Expungement does not restore firearms rights. If your conviction resulted in a loss of firearms rights, expungement alone does not restore them. A separate process may be required.
Expunged records are not fully destroyed. Law enforcement and prosecutors can still access expunged records under certain circumstances, such as during a subsequent criminal investigation or prosecution.
Why Working With an Attorney Matters
The expungement process in Louisiana is navigable, but it's detailed. Filing requirements vary by parish. Eligibility rules are offense-specific. And a single error in the petition — a wrong case number, a missing party to be served — can delay the process by weeks or months.
At Bynog Advocacy and Defense, we handle expungements for clients across Louisiana. Our founder's experience as a former federal prosecutor means she understands how records are built, how they're used and how to get them cleared efficiently.
If you're not sure whether your record qualifies, that's exactly what a consultation is for. We'll review your record, explain your options and give you a clear picture of what the process looks like for your specific situation.
For a broader look at how criminal records affect business owners, employment and opportunity in Louisiana, read our companion post: How a Criminal Record Can Affect Your Business in Louisiana.
Bynog Advocacy and Defense is a Lafayette, Louisiana, criminal defense and civil rights law firm led by a former federal prosecutor. If you want to know whether your record qualifies for expungement, schedule a free confidential consultation today. Call (844) JABYNOG / (844) 522-9664.
Sources
Louisiana Code of Criminal Procedure Articles 971–995 — Expungement of records of arrest and conviction. Louisiana State Legislature.
Louisiana Code of Criminal Procedure Article 978 — Expungement of record of arrest and conviction of a felony offense. Louisiana State Legislature.
Louisiana Revised Statutes 14:2(B) — Definitions; crimes of violence. Louisiana State Legislature.
Criminal History Records — Right to Review. Louisiana State Police, Bureau of Criminal Identification and Information.
Consequences of a Criminal Record in Louisiana. The Johnson Firm. https://johnsonfirmla.com/blog/louisiana-criminal-records-and-your-future/
Louisiana Criminal Records Law Update for Employers. First Advantage. https://fadv.com/article/louisiana-criminal-records-law-update-effective-august-1-2021/
Frequently Asked Questions
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The standard filing fee is $550 for both arrest records and convictions. Additional court costs may apply. Fee waivers are available for those who demonstrate financial hardship.
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Typically two to four months from filing to completion, depending on the complexity of the case and whether the district attorney objects.
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No. Once expunged, the record is removed from public background check databases. Standard screenings by employers, landlords and licensing boards will not reveal the expunged offense.
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In most situations, yes. Louisiana law allows you to respond as though the arrest or conviction never occurred. Limited exceptions exist for law enforcement inquiries and certain licensing contexts.
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You are not legally required to have an attorney, but the process involves specific filing requirements, service on multiple agencies and potential court hearings. An experienced attorney can help you avoid errors and delays.
