A criminal record can follow a person long after the court case is over. A background check for a job, apartment, professional license, school program, loan, or volunteer position may reveal an old arrest or conviction even when the sentence was completed years ago.
In Louisiana, expungement may offer a way to remove certain criminal records from public access. But expungement is not automatic, and it does not mean the record disappears for every purpose. Eligibility depends on the charge, the final disposition, the sentence, the waiting period, later criminal history, and whether the offense is excluded by law.
Colonna Law Firm helps people in Lake Charles and Southwest Louisiana review whether an arrest, misdemeanor conviction, felony conviction, dismissal, or old criminal record may qualify for expungement.
Quick Summary: Louisiana Expungement
Expungement in Louisiana can remove certain arrest and conviction records from public access, but it does not destroy the record or make it invisible to every government agency. Law enforcement, prosecutors, courts, and certain licensing agencies may still be able to access expunged information in specific situations.
Eligibility depends on how the case ended. Arrests that did not lead to a conviction, misdemeanor convictions, felony convictions, dismissed charges, diversion cases, and drug offenses are treated differently under Louisiana law.
For many misdemeanor convictions, a person may qualify after five years from completion of sentence, probation, parole, or deferred adjudication if the statutory requirements are met. For many felony convictions, the waiting period is ten years, but some offenses are excluded and the exact statute of conviction matters.
If a criminal record is affecting your work, housing, licensing, or future opportunities, the first step is to review the court record, final disposition, sentence-completion date, and criminal history to determine whether expungement is available.
What Expungement Does and Does Not Do
Expungement usually removes the record from public access and many routine background checks, but it does not destroy the record and does not make it invisible to everyone. Law enforcement, prosecutors, courts, certain licensing boards, and other entities listed by law may still be able to access expunged information in specific situations.
That distinction matters practically. An expunged record will not show up when a prospective employer runs a routine check through a consumer reporting agency. It will not appear on most housing applications. For many people, that is exactly the barrier they need removed to move their lives forward.
Who Qualifies for Expungement in Louisiana
Louisiana’s expungement laws were significantly expanded in 2015 and have been updated since. The eligibility rules are specific, and the details of your case determine whether you qualify.
For arrests that did not result in a conviction, meaning charges were dropped, dismissed, or you were acquitted, expungement is generally available without a waiting period. These are among the cleaner cases to handle because no conviction occurred.
For misdemeanor convictions, expungement is available after a five-year waiting period from the completion of your sentence, including any probation or parole. You cannot have any other felony or misdemeanor convictions during that period, or any pending felony charges.
Some felony drug convictions may be eligible and some may not. The exact statute of conviction matters. Louisiana law excludes many controlled-substance convictions from expungement but also creates exceptions for certain drug offenses, including some possession and possession-with-intent cases.
First-time nonviolent drug offenders who completed a diversion program or had charges dismissed may be eligible sooner, sometimes immediately upon dismissal. Louisiana has made deliberate policy choices to allow expungement for people who completed treatment-based programs, recognizing that those cases are meaningfully different from repeat or violent offenses.
The Expungement Process in Louisiana
Filing for expungement in Louisiana involves submitting a motion to the court where the conviction or arrest occurred. The motion goes to the district attorney’s office and, in some cases, the arresting agency, which then has an opportunity to object. If no objection is filed within the response window, the court typically grants the expungement. If an objection is filed, a hearing is scheduled.
The paperwork requires your full criminal history from the Louisiana State Police, which means obtaining a certified copy of your record before you file. Fees apply at multiple stages, including a processing fee to the Louisiana Bureau of Criminal Identification and Information. Some low-income petitioners may qualify for fee waivers, though the process for obtaining one adds steps.
Once the court grants the expungement, the order is sent to every agency that holds the record. The timeline for those agencies to update their systems varies, which means the practical effect of the expungement may not be immediate across every database.
Arrests Without Conviction Are a Separate Category
One point that often surprises people is that an arrest alone, even one that never led to charges or that resulted in a dismissal, still appears on background checks in Louisiana until it is expunged. Many people assume that if they were never convicted, there is nothing to worry about. That is not how the system works. An arrest record is a public record, and it shows up the same way a conviction does on most standard checks. If you were arrested and the case was resolved in your favor, expungement is available and worth pursuing.
If an arrest did not result in a conviction, expungement may be available, but the reason the case ended matters. Dismissals, acquittals, declined prosecutions, and cases where prosecution is time-barred are treated differently, and DWI diversion cases have special timing rules.
Frequently Asked Questions
Does expungement erase a criminal record in Louisiana?
No. Expungement generally makes the record confidential and removes it from public access, but it does not destroy the record. Law enforcement, prosecutors, courts, certain licensing agencies, and other entities listed by law may still be able to access expunged records in specific situations.
Can an arrest be expunged if I was never convicted?
Yes, in many cases. Article 976 allows a person to seek expungement of an arrest that did not result in conviction when the case ended in certain ways, such as dismissal, acquittal, declined prosecution, or other qualifying dispositions. DWI diversion arrests have special timing rules.
How long do I have to wait to expunge a misdemeanor conviction in Louisiana?
It depends on the situation. For many misdemeanor convictions, a person may file for expungement after more than five years have passed since completing the sentence, deferred adjudication, probation, or parole, if the person meets the statutory requirements. There is a shorter waiting period if your plea was deferred sentencing under Article 894, and a five-year period if you enter a diversion program. Some misdemeanors cannot be expunged, including domestic abuse battery, stalking, and certain sex-offense-related cases. They remain on your public record forever.
How long do I have to wait to expunge a felony conviction in Louisiana?
For many felony convictions, the waiting period is more than ten years after completing the sentence, deferred adjudication, probation, or parole. The person must also meet the statutory requirements, including no convictions during the relevant ten-year period and no pending criminal charge. Some felony convictions are excluded from expungement.
Can a drug conviction be expunged in Louisiana?
Sometimes. Louisiana law excludes many controlled-substance convictions from expungement, but it also creates exceptions for certain drug convictions, including some possession offenses, possession with intent to distribute, certain lower-penalty drug offenses, Article 893(E) cases, and some first-offender-pardon situations. The exact statute of conviction matters.
How much does expungement cost in Louisiana?
The total court costs and fees to obtain a court order expunging a record generally may not exceed $550, although special rules, fee exemptions, and reduced fees may apply in certain situations. Article 983 lists processing fees for the Louisiana Bureau of Criminal Identification and Information, sheriff, district attorney, and clerk of court.
What happens if the district attorney or another agency objects?
If an agency served with the expungement motion objects, the case may be set for a contradictory hearing. Under Article 980, the objecting agency must show by a preponderance of the evidence why the expungement should not be granted. If no objection is filed and the court finds the person legally entitled to expungement, the court may grant the motion.
Does Louisiana have automatic expungement?
Louisiana has an automated-expungement statute, Article 985.2, for qualifying records, but the statute is tied to implementation, funding, agency systems, and qualifying records with needed case-management information. A person should not assume an eligible record will be cleared automatically without checking the actual record.
Last updated July 2026
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