How to Clean up Your Criminal Record
An expungement is the process of removing a record of arrest or conviction from public view. The process is not automatic. A motion must be filed with the court requesting that the court order various agencies to remove the record. Also, the expungement laws vary depending if you want to expunge an arrest versus a conviction. Our Louisiana expungement lawyers and criminal defense attorneys can help.
What Is Expungement Law?
Expungement law is a complicated area of law that requires great knowledge of the criminal justice system and the way records are maintained.
Filing an expungement improperly may lead to increased costs in and extended delay in re-filing. An experienced expungement lawyer may even be able to advise if your record allows for an expungement.
An expungement may help you clean up your criminal record and keep it out of public view. Benefits may include obtaining employment, getting your TWIC card, obtaining housing, and government programs.
Barkemeyer Law Firm is a team of experienced expungement lawyers in Louisiana. If you are interested in starting over with a clean criminal record, contact us.
We accept referrals from other attorneys for expungements.
What Happens After an arrest or conviction is expunged?
Louisiana Agencies that can still see the record
The use of the record for later prosecution
Sex Offenders Must still register
Incarcerated individuals and expungements
Arrest with no conviction
When you can’t expunge misdemeanor
How often can you expunge misdemeanors
Felony Expungement in Louisiana
Service of Expungement
DWI and Expungements
What Happens After an arrest or conviction is expunged in Louisiana?
A. An expunged record of arrest or conviction shall be confidential and no longer considered to be a public record and shall not be made available to any person or other entity except for the following:
(1) To a member of a law enforcement or criminal justice agency or prosecutor who shall request that information in writing, certifying that the request is for the purpose of investigating, prosecuting, or enforcing criminal law, for the purpose of any other statutorily defined law enforcement or administrative duties, or for the purposes of the requirements of sex offender registration and notification pursuant to the provisions of R.S. 15:540 et seq.
(2) On order of a court of competent jurisdiction and after a contradictory hearing for good cause shown.
(3) To the person whose record has been expunged or his counsel.
(4) To a member of a law enforcement or criminal justice agency, prosecutor, or judge, who requests that information in writing, certifying that the request is for the purpose of defending a law enforcement, criminal justice agency, or prosecutor in a civil suit for damages resulting from wrongful arrest or other civil litigation and the expunged record is necessary to provide a proper defense.
Interim Motion to Expunge a Felony Arrest Resulting in Misdemeanor Conviction
A. A person may file an interim motion to expunge a felony arrest from his criminal history when that original arrest results in a conviction for a misdemeanor. In such cases, only the original felony arrest may be expunged.
B. The interim motion to expunge a felony arrest which results in a misdemeanor conviction from criminal history is separate and distinct from an expungement of a final conviction pursuant to Code of Criminal Procedure Articles 976, 977, and 978.
C. Except as provided in Paragraph D of this Article, an interim motion to expunge a felony arrest from criminal history shall follow the same procedures and fees established pursuant to the provisions of Code of Criminal Procedure Article 979, et seq.
D. An interim motion to expunge shall not be subject to the time limitations provided for in Articles 977(A)(2) or 978(A)(2), and there shall be no restriction on the number of interim expungements which may be granted.
DWI and Expungements in Louisiana
A. A person convicted of operating a vehicle while intoxicated (DWI) shall be required to supplement the motions required in this Title with proof in the form of a certified letter from the Department of Public Safety and Corrections, office of motor vehicles, that the person has complied with the requirements of this Article. The certified letter shall be attached to the motion to expunge the record of arrest and conviction for operating a vehicle while intoxicated.
B. The court shall order the clerk of court to mail to the Department of Public Safety and Corrections, office of motor vehicles, all of the following as provided by the defendant:
(1) A certified copy of the record of the plea of guilty or nolo contendere.
(2) Fingerprints of the defendant.
(3) Proof that the defendant meets the requirements as set forth in Code of Criminal Procedure Article 556 or 556.1 which shall include the defendant’s date of birth, social security number, and driver’s license number.
C. An additional fifty-dollar court cost shall be assessed at this time against the defendant and paid to the Department of Public Safety and Corrections, office of motor vehicles, for the costs of storage and retrieval of the records.
Costs to File an Expungement in Louisiana
A. Except as provided for in Code of Criminal Procedure Articles 894 and 984, the total cost to obtain a court order expunging a record shall not exceed five hundred fifty ($550) dollars.
B. The nonrefundable processing fees for a court order expunging a record shall be as follows:
(1) The Louisiana Bureau of Criminal Identification and Information may charge a processing fee of two hundred fifty dollars ($250) for the expungement of any record of arrest when ordered to do so by the court in compliance with the provisions of this Title.
(2) The sheriff may charge a processing fee of fifty ($50)dollars for the expungement of any record of arrest when ordered to do so by the court in compliance with the provisions of this Title.
(3) The district attorney may charge a processing fee of fifty ($50)dollars for the expungement of any record of arrest when ordered to do so by the court in compliance with the provisions of this Title.
(4) The clerk of court may charge a processing fee not to exceed two hundred ($200) dollars to cover the clerk’s costs of the expungement.
This does not include any attorney fees in the event you hire an attorney for assistance.
Service of Motion to Expunge a Record
The clerk of court shall serve notice of the motion of expungement by U.S. mail or electronically upon the following entities:
(1) The district attorney of the parish of conviction.
(2) The Louisiana Bureau of Criminal Identification and Information.
(3) The arresting law enforcement agency.
Felony Expungement in Louisiana
A. Except as provided in Paragraph B of this Article, a person may file a motion to expunge his record of arrest and conviction of a felony offense if either of the following apply:
(1) The conviction was set aside and the prosecution was dismissed pursuant to Code of Criminal Procedure Article 893(E).
(2) More than ten years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the felony conviction, and the person has not been convicted of any other criminal offense during the ten- year period, and has no criminal charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that, to his knowledge, the applicant has no convictions during the ten-year period and no pending charges under a bill of information or indictment.
B. No expungement shall be granted nor shall a person be permitted to file a motion to expunge the record of arrest and conviction of a felony offense if the person was convicted of the commission or attempted commission of any of the following offenses:
(1) Unless otherwise permissible under Code of Criminal Procedure Article 893(E), a crime of violence as defined by or enumerated in R.S. 14:2(B).
(2)(a) Notwithstanding any provision of Code of Criminal Procedure Article 893, a sex offense or a criminal offense against a victim who is a minor as each term is defined by R.S. 15:541, or any offense which occurred prior to June 18,1992, that would be defined as a sex offense or a criminal offense against a victim who is a minor had it occurred on or after June 18, 1992.
(b) Any person who was convicted of carnal knowledge of a juvenile (R.S. 14:80) prior to August 15, 2001, is eligible for an expungement pursuant to the provisions of this Title if the offense for which the offender was convicted would be defined as misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1) had the offender been convicted on or after August 15, 2001. The burden is on the mover to establish that the elements of the offense of conviction are equivalent to the current definition of misdemeanor carnal knowledge of a juvenile as defined by R.S. 14:80.1. A copy of the order waiving the sex offender registration and notification requirements issued pursuant to the provisions of R.S. 15:542(F) shall be sufficient to meet this burden.
(3) Unless otherwise permissible under Code of Criminal Procedure Article 893(E), a violation of the Uniform Controlled Dangerous Substances Law, except that a conviction for possession of a controlled dangerous substance as provided for in R.S. 40:966(C), 967(C), 968(C), or 969(C), or a conviction for possession of a controlled dangerous substance with the intent to distribute may be expunged pursuant to the provisions of this Title.
C. The motion to expunge a record of arrest and conviction of a felony offense shall be served pursuant to the provisions of Code of Criminal Procedure Article 979.
D. Expungement of a record of arrest and conviction of a felony offense shall occur only once with respect to any person during a fifteen-year period.
How Often Can Misdemeanors be Expunged?
(1) Expungement of a record of arrest and conviction of a misdemeanor offense shall occur only once with respect to any person during a five-year period, unless the person was sentenced pursuant to Code of Criminal Procedure Article 894(B).
(2) Expungement of a record of arrest and conviction of a misdemeanor offense of operating a vehicle while intoxicated shall occur only once with respect to any person during a ten-year period.
When You Can’t Expunge a Misdemeanor
No person shall be entitled to expungement of a record under either of the following circumstances:
(1) The misdemeanor conviction arose from circumstances involving a sex offense as defined in R.S. 15:541, except that an interim expungement shall be available as authorized by the provisions of Code of Criminal Procedure Article 985.1.
(2) The misdemeanor conviction was for domestic abuse battery which was not dismissed pursuant to Code of Criminal Procedure Article 894(B).
A person may file a motion to expunge his record of arrest and conviction of a misdemeanor offense if either of the following apply:
(1) The conviction was set aside and the prosecution was dismissed pursuant to Code of Criminal Procedure Article 894(B).
(2) More than five years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole, and the person has not been convicted of any felony offense during the five-year period, and has no felony charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that to his knowledge the applicant has no felony convictions during the five-year period and no pending felony charges under a bill of information or indictment.
The motion to expunge a record of arrest and conviction of a misdemeanor offense shall be served pursuant to the provisions of Code of Criminal Procedure Article 979.
Arrest with No Conviction
A person may file a motion to expunge a record of his arrest for a felony or misdemeanor offense that did not result in a conviction if any of the following apply:
(1) The person was not prosecuted for the offense for which he was arrested, and the limitations on the institution of prosecution have barred the prosecution for that offense.
(2) The district attorney for any reason declined to prosecute any offense arising out of that arrest.
(3) Prosecution was instituted and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.
Incarcerated Individuals Cannot Be Granted an Expungement
Notwithstanding any other provision of law to the contrary, a person in the custody of the Department of Public Safety and Corrections, or incarcerated in any correctional facility shall not be permitted to file a motion to expunge a record of an arrest which did not result in a conviction or to expunge a record of an arrest and conviction of a misdemeanor or felony offense.
Sex Offender Still Must Register
An expungement does not relieve a person who is required to register and provide notice as a child predator or sex offender of any obligations and responsibilities provided in R.S. 15:541 et seq.
The Use of the Record for Later Prosecution
In Louisiana, an expungement does not limit or impair in any way the subsequent use of any expunged record of any arrests or convictions by a law enforcement agency, criminal justice agency, or prosecutor including its use as a predicate offense, for the purposes of the Habitual Offender Law, or as otherwise authorized by law.
Louisiana Agencies That Still Can See the Record
Upon written request therefor and on a confidential basis, the information contained in an expunged record may be released to the following entities that shall maintain the confidentiality of such record:
Office of Financial Institutions
Louisiana State Board of Medical Examiners
Louisiana State Board of Nursing
Louisiana State Board of Dentistry
Louisiana State Board of Examiners of Psychologists
Louisiana Board of Pharmacy
Louisiana State Board of Social Work Examiners
Emergency Medical Services Certification Commission
Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel
Louisiana Supreme Court Committee on Bar Admissions
Louisiana Department of Insurance
Louisiana Licensed Professional Counselors Board of Examiners
or any person or entity requesting a record of all criminal arrests and convictions pursuant to R.S. 15:587.1, or as otherwise provided by law.
However, except as to those persons and other entities set forth above, no person whose record of arrest or conviction has been expunged shall be required to disclose to any person that he was arrested or convicted of the subject offense, or that the record of the arrest or conviction has been expunged.
We are criminal defense attorneys in Louisiana offering expungements in all areas of Louisiana
Our Louisiana expungement attorneys offer expungement services for all types of misdemeanor and felony offenses. Please see the list of Louisiana criminal charges for which we offer expungements. However, some of these charges can’t be expunged if convicted. If the case was dismissed, the fact of the arrest may be expunged. All charges are different and every defendant’s situation is different.
Minor in Possession of Alcohol – MIP expungement
Unlawful sales to persons under twenty-one expungement
Purchase and public possession of alcoholic beverage expungement
Open Container expungement
Public Intoxication expungement
Public Drunk expungement
DWI First Offense, Second Offense, Third Offense, Fourth offense expungement
Disturbing the peace expungement
Simple Assault expungement
Aggravated assault expungement
Assault by drive-by shooting expungement
Aggravated assault police officer expungement
Aggravated assault with firearm expungement
Aggravated assault upon a utility service employee with a firearm expungement
Aggravated assault with a motor vehicle upon a peace officer expungement
Domestic abuse aggravated assault expungement
Aggravated arson expungement
Injury by arson expungement
Simple arson expungement
Simple arson of a religious building expungement
Negligent arson expungement
Arson with intent to defraud expungement
Communicating of false information of planned arson expungement
Manufacture and possession of delayed action incendiary devices; penalty expungement
Manufacture and possession of a bomb expungement
Aggravated battery expungement
Second degree battery expungement
Battery of a police officer expungement
Battery of a school teacher expungement
Battery of a school or recreation athletic contest official expungement
Battery of a correctional officer expungement
Battery of a bus operator expungement
Disarming of a peace officer expungement
Aggravated second degree battery expungement
Battery of Emergency Room Personnel expungement
Battery of a dating partner expungement
Aggravated assault upon a dating partner expungement
Simple battery expungement
Battery of a child welfare or adult protective service worker expungement
Simple battery of infirmed expungement
Domestic abuse battery expungement
Aggravated burglary expungement
Unauthorized entry of a critical infrastructure expungement
Criminal damage to a critical infrastructure expungement
Simple burglary expungement
Simple burglary of an inhabited dwelling expungement
Criminal Damage to Property
Aggravated criminal damage to property expungement
Simple criminal damage to property expungement
Criminal damage to property by defacing with graffiti expungement
Criminal damage to historic buildings or landmarks by defacing with graffiti expungement
Damage to property with intent to defraud expungement
Criminal Mischief expungement
Criminal Trespass expungement
Domestic Abuse Battery expungement
Domestic Abuse felony expungement
Domestic abuse aggravated assault expungement
Hit and Run expungement
Reckless Driving expungement
Careless Operation expungement
DWI and Drunk Driving
DUI Arrests expungement
Felony DWI expungement
Covington DWI expungement
Felony Possession of Drugs expungement
Conspiracy to Distribute Drugs expungement
Drug Distribution expungement
Drug Diversion expungement
Drug Manufacturing expungement
Drug Possession expungement
Drug Sales expungement
Drug Trafficking in Louisiana expungement
Drug Treatment expungement
Drug Transportation expungement
Heroin Possession expungement
Heroin Distribution expungement
Marijuana Possession expungement
Marijuana Possession with Intent to Distribute expungement
Methamphetamine Possession expungement
Meth Possession with Intent to Distribute expungement
Misdemeanor Drug Charges expungement
Possession of Drugs with Intent to Sell expungement
Prescription Drugs Possession or Sale expungement
Medical Marijuana expungement
Simple Possession expungement
Schedule 1 drug expungement
Schedule 2 drug expungement
Schedule 3 drug expungement
Schedule 4 drug expungement
Schedule 5 drug expungement
Illegal possession of stolen firearms expungement
Possession of firearm by persons convicted of domestic abuse expungement
Possession of firearm by convicted felon expungement
Illegal Carrying of Weapons expungement
Illegal Use of Weapons expungement
Possession of Firearm by Convicted Felon expungement
Attempted murder expungement
Negligent Homicide expungement
Vehicular Homicide expungement
Illegal Possession expungement
Illegal possession of stolen things expungement
Malfeasance in Office expungement
Malfeasance in Office; sexual conduct prohibited expungement
Negligent inuring expungement
Vehicular negligent injuring expungement
First degree vehicular negligent injuring expungement
Aggravated obstruction of a highway of commerce expungement
Simple obstruction of a highway of commerce expungement
Offenses Against Police
Resisting an Officer expungement
Flight from an officer expungement
Aggravated flight from an officer expungement
Simple escape expungement
False personation expungement
False personation of a peace officer expungement
Soliciting for Prostitutes expungement
Promoting Prostitution expungement
Prostitution by Massage expungement
Armed robbery expungement
First degree robbery expungement
Armed robbery; attempted armed robbery; use of firearm; additional penalty expungement
Second degree robbery expungement
Simple robbery expungement
Purse snatching expungement
Auto Theft expungement
Public Corruption expungement
Bank Fraud expungement
Contractor Fraud expungement
Credit Card Fraud expungement
Felony Theft expungement
Insurance Fraud expungement
Misdemeanor Theft expungement
Misapplication of Payments expungement
Money Laundering expungement
Prescription Fraud expungement
Theft of Motor Vehicle expungement
Unauthorized entry of an inhabited dwelling expungement
Unauthorized entry of a place of business expungement
Unauthorized entry of a dwelling during an emergency or disaster expungement
Home invasion expungement
Criminal trespass expungement
Entry on or remaining in places or on land after being forbidden expungement
Aiding and abetting others to enter or remain on premises where forbidden expungement
Unauthorized Use of Movable expungement
Unauthorized Use of Motor Vehicle expungement
Violation of Protective Orders expungement
We hope you have learned more about how to clean up your record in this important article. Feel free to reach out and contact Barkemeyer Law Firm if you have questions regarding expungement laws in Louisiana.