What is Expungement? LSA-R.S. 44:9 (G)

“Expungement” means removal of a record from public access but does not mean destruction of the record. An expunged record is confidential, but remains available for use by law enforcement agencies, criminal justice agencies, the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, The Louisiana State Board of Psychologists, the Emergency Medical Services Certification Commission, the Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, or the Louisiana Supreme Court Committee on Bar Admissions.

Louisiana laws allow a person to “expunge’ or “clear” his or her record of arrests, criminal charges or criminal convictions in certain limited situations. What can or cannot be expunged is set out in various statutes and case law. It is highly advisable for anyone interested in seeking an expungement of a criminal record to consult with an attorney.

Basically, the following type of matters can be expunged:

A. An arrest record where the time limitation to institute prosecution has expired and no prosecution has been instituted;

B. If prosecution has been instituted and such proceedings have been finally disposed of by dismissal, sustaining a motion to quash, or acquittal; or

C. When a plea of guilty was under Louisiana Code of Criminal Procedure Article 893 (for felonies) or 894 (for misdemeanors), and the defendant satisfactory completed the terms of his sentence.

Automatic first offender pardons do not erase or act as dismissals of convictions for purposes of expungement.

The following forms may assist you in your expungement process. Please note that what may or may not be expunged is sometimes difficult to determine.

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Motion to Set Aside Conviction and Dismiss the Prosecution Pursuant to Louisiana Code of Criminal Procedure Article 893/894

Instructions for Motion to Set Aside Conviction and Dismiss the Prosecution Pursuant to Louisiana Code of Criminal Procedure Article 893/894

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Motion for Expungement of Misdemeanor

Motion for Expungement of Felony

Instructions for Motion for Expungement of Misdemeanor / Felony

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