Expungement Or Sealing Of A Criminal Record

You can start by requesting a copy of the minutes of your case from the clerk of the court's office in the parish where you were arrested or convicted. The minutes are a record of what happened in court in shorthand. They contain valuable information that will allow you (or your attorney) to determine eligibility. 

Many parish clerk of court's offices list their records request procedures online. Calling them can also provide you with specific instructions and forms. Some clerks may require you to fill out a specific form to request court minutes. If available, download or request this form. 

Know your case number, your date of arrest or conviction, and other personal details used in your case to help identify your specific documents. 

This step is important because the law does not allow a refund of expungement fees if the court denies the request for an expungement. 

There are several ways you can get help determining your eligibility for an expungement: 

• Contact an attorney. You may be eligible for free legal services or if you don't qualify you may try to contact an attorney with the Louisiana Bar Association's Modest Means Directory. 
• Attend a Justice and Accountability Center (JAC) workshop or event. 
• Use the mobile application, "CLEAN JACKET" available as a download. 

The clerk of court, where you get a copy of your minutes for your case, will not help you determine your eligibility for an expungement. 

You will need to pay the court costs (fees) to the Clerk of Court when you file for your expungement if you are not eligible for a fee waiver. Determine your filing fee costs and prepare to pay when you file your expungement documents with the court. 

To apply for a fee waiver, for in forma pauperis, (IFP) status with the court for your expungement, you must prepare an IFP affidavit and expungement motion. You can use the Justice and Accountability IFP Affidavit Generator to help you prepare your IFP affidavit. Alternatively, you can visit this resource on in-forma pauperis (IFP) and use the Fee Delayer App to generate your IFP affidavit.

You must get a background check and with your fingerprints done before you file your expungement. The background check document will expire in 30 days. You should plan to file your expungement papers with your attached background check with the court within 30 days after you get your background check to avoid paying extra costs or fees. 

For an expungement in Louisiana, you'll typically need a state background check that lists all arrests and convictions within the state. The Louisiana State Police is the agency responsible for maintaining criminal records in Louisiana. You will need to request a background check from them, specifically stating that it is for expungement. 

• Form: Obtain the proper background check request form from the LSP. This form is available on the LSP website or can be picked up in person at their office.
• Fingerprinting: A fingerprint-based background check is required. You can get your fingerprints taken at your local police station or a private provider. The LSP website may provide a list of approved fingerprinting services.
• Pay the Fee: There is a fee for processing a background check in Louisiana. A money order for $250 must be made out to the Louisiana State Police (LSP). Check the current fee on the LSP website or by contacting them directly. The fee must be included with your background check request. If applicable, the fee waiver form from the District Attorney should be attached to the submitted expungement packet. 

In some cases, you may need to file a Motion to Set Aside A Conviction before filing a Motion for Expungement. These are two different steps and motions. If you believe you need to file a Motion to Set Aside first, proceed to Step 5A and then Step 5B. If you are sure you do not need to file a Motion to Set Aside, skip to Step 5B. 

Prepare an extra copy of your Motion to Set Aside or your Motion to Expungement and ask the Clerk of Court to stamp the time and date so that you can remember when you filed your motion. 

Determine whether or not you need to file a Motion to Set Aside before filing your Motion for Expungement. You may need to file a Motion to Set Aside if your sentence was deferred. It can be difficult to tell when this is your situation, so if you are unsure, you may contact an attorney. 

You will need to file the Motion to Set Aside in the Clerk's office of the court in the parish where your case was heard. You should receive a notice to appear in court. Appear in court on the date the notice requires you to appear. When your name or case number is called, tell the judge that you are trying to get an expungement. If the judge grants your motion, proceed with filing an expungement (Go to Step 5B). If the judge does not grant the motion, you may want to contact an attorney to help with your situation. 

File your motion in the court in the parish where the case was originally heard. You will need to pay the court costs (fees) to the Clerk of Court when you file for your expungement if you are not eligible for a fee waiver. If you're eligible for a fee waiver, then attach your in-forma pauperis (IFP) application with your motion to the court. 

When you file your Motion for Expungement, the Clerk of Court will send your motion to the State Police, the arresting agency, and the District Attorney. Each agency has an opportunity to object to your Motion for Expungement. The District Attorney, the arresting agency (police or sheriff), and the State Police have 60 days to respond to the Motion for Expungement. 

If there is a problem with your expungement, then you will get a notice to appear in court. Proceed to Steps 6A and 6B below. If there is not a problem with your expungement, skip to Step 7. 

If one of the agencies responds with an objection, you will receive a subpoena to appear in court on your Motion for Expungement. The sheriff will likely provide you with this paperwork at the address listed on your Motion for Expungement. If none of the state agencies responded with an objection, you should receive a notice that your request for expungement was granted (Go to Step 7.) If you did not receive a notice that your request for expungement was granted, return to the Clerk of Court with your copy of your Motion with the date and time stamp where you filed and ask for the status of your Motion for Expungement. 

If one of the agencies objects to your Motion for Expungement and you receive notice to appear in court, you will attend a "contradictory hearing." At this hearing, you can learn why an agency objected to your Motion for Expungement. Some reasons for objection include administrative errors. For example, the sheriff may have recorded your arrest one way and the Louisiana State Police may have recorded it another way. This could be an administrative error and it may be possible to fix the errors. 

If you are representing yourself and you do not understand what is happening in court, ask the judge to explain. If you are still not sure what is happening or you need help with your case, you can ask the judge to set a new date so you can contact an attorney. 

Once the court has granted your expungement, ask for a certified copy. The judge may direct you to the clerk's office to get it or tell you that a sheriff's deputy will deliver it to the address listed on your motion. When you receive it, be sure it is certified with an embossed stamp by the clerk. It will be the best way for you to prove you had the arrest or conviction expunged while you wait for certification of the expungement from the State Police. 

After your expungement is granted, the clerk will send a copy of the order to the local law enforcement, the local District Attorney, the parish sheriff, and the Lousiana State Police. That is how the court directs each agency to seal your record from public view. After the State Police does what the judge has ordered them to do, they will send you a letter. Look out for a letter called a "Certificate of Compliance." This is what verifies that your record has been sealed. 

Under Louisiana law, it is possible to have most juvenile records expunged and sealed. If your record is expunged and sealed, no record of ever having been involved with the juvenile court system will exist. This includes records and reports from arresting agencies, such as sheriff’s offices, and other departments. If a particular charge is expunged and sealed, you do not have to disclose it, such as on job applications, and you won’t be guilty of perjury if you deny it under oath.

A juvenile charge is expungable AT ANY TIME if it does not result in adjudication. Adjudication is when the judge decides that a juvenile committed an act they are charged with, or when the judge accepts a plea - or admission- from a juvenile that they committed an act.

Some charges are expungable at any time even if there was an adjudication, and those are charges concerning the following Louisiana Laws: L.A. R.S. 14:82, 14:83.3, 14:83.4, 14:89, 14:89.2.

A juvenile charge is expungable ONCE THE CASE IS CLOSED OR DISMISSED for charges that led to a finding of Families in Need of Services, or an adjudication for any charge other than murder, manslaughter, an offense requiring registration as a sex offender, kidnapping, or armed robbery. Also, the juvenile must be free of any pending indictments or bills of information in adult court, adult court felony convictions, or adult court misdemeanor criminal convictions involving a firearm for an expungement to be granted.

Finally, if the juvenile does have an adjudication for murder, manslaughter, a sex offense requiring registration as an offender, kidnapping, or armed robbery, they may still be able to expunge and seal their record if AT LEAST FIVE YEARS HAVE PASSED since their last juvenile case was closed or dismissed, and they have no pending indictments or bills of information in adult court, adult court felony convictions, or adult court misdemeanor criminal convictions involving a firearm.

An individual seeking expungement of a criminal offense that affects their driving record should understand both the expungement process and how Louisiana's OMV addresses criminal convictions concerning driving privileges. 

Individuals with a provisional driver's license are often subject to stricter rules and more severe penalties for offenses. If a driving-related offense leads to a criminal record (such as a serious DUI case), expungement of that criminal record could potentially assist in restoring a person's driving status or in moving past the provisional license phase. 

For someone who has moved beyond a provisional driver's license but faces long-term consequences from a past offense (e.g., higher insurance rates, employment difficulties due to a criminal record), expungement might offer a path to mitigate those consequences. However, they would need to consider both the expungement of their criminal record and the status of their driving record, addressing each through the appropriate legal channels.

In Louisiana, an interim expungement motion is a procedural step you can take in the process of seeking to have an arrest or a conviction expunged from your criminal record. This specific type of expungement is generally aimed at instances where a case was dismissed, not prosecuted (nolle prosequi), or resulted in an acquittal, and you want to remove the record of this case from public access before the usual time frames applied to standard expungement requests.

You would typically file an interim expungement motion in Louisiana under the following conditions:

1. Case Dismissal or Acquittal: If your case was dismissed or you were acquitted of the charges against you, you might be eligible to file for an interim expungement. This helps to clear your record sooner than waiting for the standard period.

2. No Prosecution (Nolle Prosequi): If the prosecutor decides not to pursue charges against you, this non-prosecution can be grounds for an interim expungement, assuming all other criteria set by the state are met.

3. Statutory Waiting Periods: Louisiana law outlines specific waiting periods after a dismissal, acquittal, or decision not to prosecute, during which you cannot file for a standard expungement. However, if your case meets certain conditions (e.g., a dismissal not based on a plea agreement in certain cases), you might be able to apply for an interim expungement without waiting.

4. Fulfillment of Conditions: In some situations, if you were given a diversion program or a conditional discharge, and you successfully completed the terms, you might be eligible for an interim expungement once the case is dismissed.

It's important to find an attorney for the most personalized advice based on your situation. An attorney can provide guidance on whether you're eligible for an interim expungement based on the details of your case.