Felony Expungement in Louisiana: A Practical Guide
Learn who qualifies, how the process works, and what to expect when seeking expungement of a felony record in Louisiana.
Having a felony on your record in Louisiana can affect employment, housing, and many other opportunities. Expungement offers a way to remove a qualifying felony from public view, but the rules and procedure are detailed and strictly defined by Louisiana law.
This guide explains, in clear language, how felony expungement works in Louisiana, who may be eligible, what steps are involved, and realistic expectations about what expungement can and cannot do.
Understanding Expungement Under Louisiana Law
In Louisiana, expungement is a court-ordered process that results in a criminal record being sealed from public access, rather than permanently erased from all government systems.
- Public access removed: Once expunged, the felony arrest or conviction should no longer appear in routine public background checks performed by most employers, landlords, or the general public.
- Law enforcement access retained: Police, prosecutors, and some government agencies continue to have lawful access to expunged records for limited purposes, such as future prosecutions or sentencing decisions.
- Legal framework: Felony expungement eligibility and procedures are mainly governed by the Louisiana Code of Criminal Procedure, particularly Article 978 and related provisions.
It is important to understand that expungement focuses on who can see the record, not whether the event ever happened. The underlying arrest or conviction still exists in restricted government files.
Felony Expungement Eligibility: Core Requirements
Louisiana law sets specific requirements for when a felony conviction can be considered for expungement. Eligibility is controlled by Article 978 of the Louisiana Code of Criminal Procedure.
General Conditions for Felony Convictions
In broad terms, a person with a felony conviction may qualify for expungement when all of the following are true:
- The felony is not on the list of ineligible offenses (discussed below).
- All parts of the sentence have been completed, including any probation or parole.
- Enough time has passed since completion of sentence, usually 10 years for felony convictions, with no new criminal convictions in that period.
- There are no current felony or misdemeanor charges pending.
- Any fines, fees, and restitution ordered in the case have been paid.
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Article 978 recognizes several specific ways a person may become eligible for felony expungement, such as successful completion of a deferred sentence, passage of 10 clean years after the sentence, or receipt of a first offender pardon.
Ineligible Felony Offenses
Some felony offenses are categorically excluded from expungement, subject to narrow exceptions. Under current law, ineligible offenses include:
- Most crimes of violence as defined in Louisiana Revised Statutes 14:2(B), subject to limited exceptions.
- Sex offenses and crimes against a victim who is a minor, as defined in Louisiana Revised Statutes 15:541.
- Certain drug distribution felonies, unless a first offender pardon has been granted.
- Felony domestic abuse battery.
The law also provides a limited exception allowing expungement of some violent offenses after 10 years have passed following completion of sentence, probation, or parole, including aggravated battery and certain other listed crimes.
Multiple Felonies and Timing Limits
Louisiana restricts how often a person may expunge felony convictions. Article 978 allows more than one felony conviction to be expunged in a ten-year period only if each felony independently qualifies under the statute.
This means that individuals with multiple felonies must carefully review both the type of offense and the timing of each conviction when planning expungement requests.
Felony Expungement vs. Misdemeanor Expungement
The rules for expunging misdemeanors and felonies share some similarities, but the waiting periods and restrictions differ.
| Type of Conviction | Typical Waiting Period | Key Limitations |
|---|---|---|
| Misdemeanor | Usually about 5 years after completion of sentence, with no intervening felony convictions. | Many misdemeanors are eligible; some may require special treatment or cannot be expunged. |
| Felony | Generally 10 years after discharge, dismissal, or completion of sentence and supervision, with no new convictions. | Crimes of violence, sex offenses, certain drug distributions, and felony domestic abuse battery are usually ineligible, subject to limited exceptions. |
Both types require that the person be free of pending charges and that all monetary obligations from the case have been paid.
Key Steps in the Louisiana Expungement Process
Although details differ by parish, the felony expungement process follows a common series of steps. The process begins where the case was originally handled and involves coordination with both the court and law enforcement agencies.
1. Confirm Eligibility and Gather Case Information
Before filing, it is essential to confirm that the felony is legally eligible for expungement and that all waiting periods have passed.
- Obtain your case number, date of conviction, and the exact offense of conviction.
- Review the statute or consult legal resources to check whether the offense appears on the ineligible list.
- Verify that at least 10 years have passed since completion of sentence, probation, or parole for a felony, and that no new convictions occurred in that interval.
At this stage, many people choose to consult an attorney or a legal aid organization experienced in expungement, especially when the offense or timing is complicated.
2. Obtain Background Check and Supporting Documents
Louisiana courts typically require a current criminal background check and other documentation to support an expungement motion.
- Request a criminal history report (often called a “rap sheet”) from the Louisiana State Police or other authorized agency, specifically for expungement purposes.
- Prepare proof that all fines, fees, and restitution were paid, if available.
- Gather prior court orders relevant to the case, such as a motion to set aside conviction or a first offender pardon where applicable.
The background check generally must be recent at the time of filing; in some parishes, it must be obtained within a set period before submission, such as 60 days.
3. Obtain and Complete Expungement Forms
Expungement is initiated through formal paperwork filed with the court. Many parishes provide standardized packets to help applicants.
- Visit or contact the Clerk of Court in the parish where the arrest or conviction occurred to obtain expungement forms or an expungement packet.
- Complete the motion for expungement, including all required information about the offense, sentence completion, and personal identifiers.
- If a prior motion to set aside conviction or dismissal under designated articles was granted, ensure that this is correctly referenced.
Forms must be filled out carefully; errors or missing information can delay the process or lead to rejection.
4. Address Filing Fees and Possible Fee Waivers
Louisiana generally charges a filing fee for expungement motions. For many felony expungements, the total fee is in the range of several hundred dollars.
- Some parishes report a standard expungement fee around $550, payable at the time of filing.
- In certain situations—such as when charges were never prosecuted or were dismissed without diversion—some applicants may qualify for a fee waiver or in forma pauperis status.
- To seek a waiver, applicants usually must submit a specific affidavit and supporting financial information, properly notarized.
Because fee rules differ somewhat by jurisdiction, it is important to check with the local Clerk of Court for current amounts and waiver requirements.
5. File the Motion and Await Objections
Once forms and supporting documents are complete, the motion is filed with the appropriate court clerk.
- File in the court of the parish where the case was originally handled (criminal district, municipal, or juvenile court, depending on the case).
- The clerk forwards notice of the motion to designated law enforcement agencies and the district attorney, giving them a chance to object.
- If an objection is filed, the court usually schedules a hearing to consider the reasons for objection and the applicant’s response.
When no objections are raised and the applicant meets all legal requirements, the court may grant the motion without extensive additional proceedings.
6. Court Decision and Distribution of the Order
If the judge grants the expungement, an order is issued directing agencies to remove the record from public access.
- The court order is forwarded to relevant agencies, such as the Louisiana State Police and local law enforcement.
- Agencies are required to update their systems and remove the record from public background check databases within a set timeframe; for eligible records handled by the Bureau of Criminal Identification and Information, this can be within 30 days.
- Applicants should request a certified copy of the order and keep it with personal records in case proof of expungement is needed.
Processing time from filing to completion can vary, but many sources describe timeframes in the range of several weeks to a few months, depending on the complexity of the case and workload of the agencies.
Practical Effects of Felony Expungement
Understanding how expungement affects day-to-day life can help applicants decide whether and when to pursue it.
- Employment: Once expunged, the felony typically no longer appears on standard public background checks, which may improve job prospects, especially in positions that do not require special security clearances.
- Housing: Landlords and property managers who rely on commercial background checks are less likely to see the expunged record, potentially opening more rental options.
- Licensing and government checks: Some licensing boards and government agencies can still access expunged records and may consider them when deciding on licenses or benefits.
- Firearm rights and other civil rights: Expungement does not automatically restore rights lost due to conviction; separate legal processes, such as pardons, may be required depending on the right involved.
Because the impact on particular opportunities can vary, individuals should inquire specifically with employers, licensing entities, or agencies about how expunged records are treated.
Common Challenges and Mistakes
Felony expungement is highly technical, and several issues commonly cause delays or denials.
- Misidentifying the offense: Treating an ineligible offense as eligible, or misreading the statutory definition of a crime of violence or sex offense, can lead to rejection.
- Filing too early: Attempting expungement before the required 10-year period has passed or before all sentence requirements are completed.
- Incomplete paperwork: Missing background checks, incorrect case numbers, or incomplete affidavits can cause significant delays.
- Ignoring objections: Failing to respond appropriately when law enforcement or prosecutors raise objections during the process.
Many people avoid these problems by seeking legal assistance from attorneys or legal aid organizations familiar with Louisiana expungement law.
Frequently Asked Questions About Felony Expungement in Louisiana
Can every felony in Louisiana be expunged?
No. Louisiana law excludes several categories of felonies from expungement, including most crimes of violence, sex offenses, certain drug distribution crimes, and felony domestic abuse battery, subject to limited exceptions for specific offenses after long waiting periods.
How long must I wait before seeking expungement of a felony conviction?
For many felony convictions, a person must wait 10 years after completing all parts of the sentence, probation, and parole, and must have no other criminal convictions during that period.
Is an expunged felony completely erased from government records?
No. Expungement removes the record from public view, but law enforcement and certain government agencies retain access to expunged records for limited lawful purposes, such as investigations or sentencing.
Do I need a lawyer to file for felony expungement?
The law does not require an attorney, and some individuals file expungement motions themselves using court-provided forms. However, because felony expungement eligibility and procedure are complex, many people benefit from guidance by an attorney or a legal assistance organization experienced in this area.
How much does it cost to file for felony expungement?
Filing fees vary by parish, but some district attorney offices report standard expungement fees around $550, with higher amounts for certain offenses such as DWI. Fee waivers may be available in limited situations, particularly when charges were never prosecuted or dismissed without diversion.
Can I expunge more than one felony?
A person may be eligible to have more than one felony conviction expunged in a ten-year period if each conviction independently qualifies for expungement under Article 978, meaning it is not an ineligible offense and meets all timing and other requirements.
Will expungement restore voting or firearm rights?
Expungement focuses on sealing records from public access; it does not automatically restore civil rights such as firearm ownership. Restoration of rights often requires separate legal steps, such as pardons or specific statutory procedures, depending on the right and the offense.
When to Seek Professional Help
Because Louisiana expungement law involves careful interpretation of statutes and timing rules, professional support can be valuable.
- Legal aid organizations: Some nonprofit groups in Louisiana specialize in expungement assistance and may provide free or low-cost help to eligible individuals.
- Private attorneys: Lawyers experienced in criminal defense and expungement can review eligibility, prepare paperwork, and represent applicants at hearings.
- Court and clerk staff: While they cannot give legal advice, clerks can explain local procedural requirements, current fees, and where to obtain official forms.
Careful planning, accurate information, and adherence to local requirements significantly improve the chances of a successful felony expungement in Louisiana.
References
- Expungement — Orleans Parish District Attorney. 2024-01-01. https://orleansda.com/assistance/expungement/
- Expungement Or Sealing Of A Criminal Record — Louisiana Law Help. 2023-06-15. https://louisianalawhelp.org/resource/expungement-or-sealing-of-a-criminal-record
- Louisiana Restoration of Rights & Record Relief — Collateral Consequences Resource Center. 2022-10-01. https://ccresourcecenter.org/state-restoration-profiles/louisiana-restoration-of-rights-pardon-expungement-sealing/
- Expungements — Louisiana State Police, Bureau of Criminal Identification and Information. 2023-05-10. https://lsp.org/about/leadershipsections/support/bcii/expungements/
- 4.5 Felony Convictions (Louisiana Expungements Manual) — Loyola University New Orleans College of Law. 2022-09-01. https://probonodeskmanual.loyno.edu/expungements-louisiana/45-felony-convictions
- Expungements — East Baton Rouge Parish District Attorney. 2023-04-20. https://ebrda.org/expungements/
- CCRP Article 978 — Louisiana State Legislature. 2021-08-01. https://www.legis.la.gov/legis/Law.aspx?d=919670
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