Clearing a Record
La. C.Cr.P. art. 977 — a misdemeanor can be expunged 5 years after the sentence ends, a felony after 10
An expungement removes a record from public access without destroying it: the record becomes confidential but stays available to law enforcement and other agencies the law names.
| Record | When a motion may be filed |
|---|---|
| RecordAn arrest with no conviction | When a motion may be filedWhen the case was never prosecuted in time, was refused, or ended in dismissal or acquittal |
| RecordA misdemeanor conviction | When a motion may be filedAfter the conviction is set aside under Article 894, or more than 5 years after the sentence ends with no felony since |
| RecordA felony conviction | When a motion may be filedAfter it is set aside under Article 893, or more than 10 years after the sentence ends with no other conviction |
- A misdemeanor for domestic abuse battery or stalking, or one arising from a sex offense, cannot be expunged.
- A felony crime of violence, sex offense, or domestic abuse battery cannot, nor a felony drug offense other than possession, possession with intent to distribute, and the others the article lists.
- A first offense marijuana possession misdemeanor may be expunged ninety days after the conviction.
The total cost of an expungement order may not exceed $550, and the processing fees are not refunded if the motion is denied. Some applicants pay nothing, such as someone acquitted after trial who presents a district attorney's certification, and others may proceed as paupers.
Sources for this section (5)
- La. C.Cr.P. art. 971 — Legislative findings
- La. C.Cr.P. art. 976 — Motion to expunge record of arrest that did not result in a conviction
- La. C.Cr.P. art. 977 — Motion to expunge a record of arrest and conviction of a misdemeanor offense
- La. C.Cr.P. art. 978 — Motion to expunge record of arrest and conviction of a felony offense
- La. C.Cr.P. art. 983 — Costs of expungement of a record; fees; collection; exemptions; disbursements
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.