If you are seeking a Louisiana expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the Louisiana Expungement Kit is ready.
Requirement(s) to qualify for an expungement in the state:
Juvenile over 17 may have criminal charges expunged when those charges did not result in adjudication. Otherwise juvenile criminal records meeting the following conditions may be expunged:
- Records concerning conduct or conditions that resulted in misdemeanor adjudication may be expunged only if two or more years have elapsed since the person satisfied the most recent judgment against him.
- Records concerning conduct or conditions that resulted in a felony adjudication may be expunged only if:
(1) The adjudication was not for murder, manslaughter, any sexual crime, kidnapping, or armed robbery.
(2) Five or more years have elapsed since the person satisfied the most recent judgment against him.
(3) The person has no criminal court felony convictions and no criminal court convictions for misdemeanors involving a weapon.
(4) The person has no outstanding indictment or bill of information charging him under Louisiana Childrens' Code.
For adults arrested on misdemeanor charges, records may be expunged when
(1) The time limitation for initiating prosecution on the offense has expired, and no prosecution has been instituted; or
(2) If prosecution has been instituted, and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.
Additional restrictions on who can qualify for an expungement
In the case of an adult arrested for the violation of a felony offense or who has been arrested for battery on a police officer or school teacher or aggravated assault, they may request expungement if the prosecutor declines to prosecute, or the prosecution has been instituted, and such proceedings have been finally disposed of by acquittal, dismissal, or sustaining a motion to quash; and the record of arrest and prosecution for the offense is without value as a prior act for any subsequent prosecution.
An adult whose felony conviction was dismissed after successfully completing probation may seek to get records expunged.
In juvenile criminal cases, court records, including all records relating to the conduct or conditions referred to in the motion for expungement, including but not limited to pleadings, exhibits, reports, minute entries, correspondence, and all other documents. Also, agency records, including all reports and records whether on microfilm, computer memory device, or tape, or any other photographic, fingerprint, or any other information of any kind and all kinds or descriptions relating to the conduct or conditions referred to in the motion for expungement. Louisiana Childrens' Code § 920-921.
In adult misdemeanor cases, all agencies and law enforcement records, including record of the arrest, whether on microfilm, computer card or tape, or on any other photographic, electronic, or mechanical method of storing data, photograph, fingerprint, or any other information of any and all kinds or descriptions. In felony cases records of any proceedings, order, judgment, or other action under Code of Criminal Procedure Article 893 may be ordered expunged. Louisiana Criminal Code 44:9.
Does the law provide for sealing? What are the requirements?
Subsection F of 44:9 states that, the Department of Public Safety and Corrections may maintain a confidential, nonpublic record of the arrest and disposition for investigative purposes only. This information may be released, upon specific request and on a confidential basis, to any law enforcement agency, criminal justice agency, the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, or the Louisiana State Board of Examiners of Psychologists. Such receiving agency shall maintain the confidentiality of such record.
What does it mean if you have a record expunged or sealed?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges is expungement.
No. Juvenile criminal records ordered expunged are to be destroyed. When destruction isn't possible, the records are to be maintained but are never to be disclosed. The court may maintain a confidential record, such as a minute entry, of the fact of an adjudication. This information may be released only upon written motion of a court. Louisiana Childrens' Code § 920-921.
Adult misdemeanor arrest records ordered expunged may be destroyed if the person was not found guilty. In other adult felony expungement orders, 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, or the Louisiana State Board of Examiners of Psychologists. For investigative purposes only, the Department of Public Safety and Corrections may maintain a confidential, nonpublic record of the arrest and disposition. Louisiana Criminal Code 44:9.
Are you eligible for a Louisiana Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
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as we are in the process of adding the Expungement
Kit for the State of Louisiana soon.