Navigating Expungement In Louisiana
Navigating Expungement in Louisiana
About the Expungement Process Guide
- The following is a general overview to the expungement process. The expungement process can be broken up into several steps.
- The following information in this guide is not a substitute for legal advice nor does it give advice about a particular legal problem that you may have.
- This guide provides a non-specific overview of the expungement process.
- While an attorney is not needed to obtain an expungement, the help of a lawyer or someone who has experience guiding others through the process is recommended. Talk to a lawyer if you think you need the help.
“Expungement” means an individual’s criminal record is sealed, but not destroyed.
Expungement Process Guide
- You should start by requesting a copy of the minutes of your case from the clerk of 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.
- Review to determine what paperwork is required to file for an expungement in your particular court. You must attach this paperwork to your expungement motion when you file.
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 a number of ways you can get assistance with this. Try to determine eligibility, call an attorney, attend a JAC workshop or event, or use the mobile application “CLEAN JACKET” available as a free download in Google Play and iTunes stores. The Clerk of Court’s office will not be able to assist you with this step. Special Cases:
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You should make sure you determine whether or not you need to file a Motion to Set Aside a Conviction before filing for an expungement. It can be difficult to tell when this is the case, and you should seek the advice of an attorney if you are unsure. This should be completed before filing for expungement or obtaining your background check.
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In some cases, an individual may file an Interim Expungement. A person may file an Interim Motion to Expunge a Felony Arrest when a felony arrest results in a conviction of a misdemeanor. However, the motion only expunges the original felony arrest and not the conviction for the misdemeanor. Seek an attorney for more information.
Some people may be eligible for a fee waiver by the District Attorney. You can find more information about eligibility for a fee waiver and find requirements to obtain a fee waiver for your court. If you are eligible, you must attach this paperwork to your motion when you file.
You must also obtain a backgroundcheck, and in some cases fingerprints, before you file your expungement. Keep in mind that this document will expire in 30 days. We recommend that you have all filing fees available before requestingabackgroundcheck. A valid background check must be attached to your Motion for Expungement.
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.
You should be sure of whether or not this is the case before filing for expungement. You may need to file a Motion toSetAsideifyoursentencewasdeferred. It can be difficult to tell when this is your situation, so if you are unsure, seek the advice of an attorney. You will need to file the Motion to Set Aside in the Clerk’s office of the court where your case was heard. You should receive a notice to appear in court. Appear in court on the date that the notice requires you to appear. When your name or case number is called, walk up to the podium and tell the judge that youaretryingtogetanexpungement. If the judge grants your motion, proceed with filing an expungement (Go toStep5B). If the does not grant the motion, you may want to seek the advice of an attorney.
You must file the motion in the court 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 possible, bring an extra copy of your Motion for Expungement and ask the Clerk of Court to stamp the time and date on it so that you can remember when you filed your motion.
The Clerk of Court will send your Motion for Expungement 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, 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, you will get a notice to appear in court. Proceed to Step 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. It is likely that the sheriff will provide you with this paperwork at the address you 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 an expungement was granted. (Go to Step 7.) If you do not receive a notice that your request for an 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 received notice to appear in court, you will attend a “contradictory hearing.” At this hearing, you will 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 in another way. This could be an administrative error and it may be possible to fix the errors. In the event you are representing yourself and you do not understand what is happening in court, ask the judge to explain. If you still are not sure of what is happening or feel uncomfortable, you can ask the judge to set a new date so that you can seek the assistance of an attorney.
Congratulations! You successfully represented yourself in court proceedings! Here are a few tips as you continue to move beyond the bars.
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 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. Do not lose or give this away because you will not be able to get another one. Keep it safely in a waterproof/fireproof place.
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 Louisiana 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. The letter is a“Certificate of Compliance.” It verifies that your record has been sealed.
JAC Expungement Guide - LA Statewide Edition
JAC website - Expungement Education: www.jaclouisiana.org
JAC Clean Jacket Expungement App: www.jaclouisiana.org
Suspended Sentence and Probation - Art. 893. Suspension and deferral of sentence and probation in felony cases: www.legis.la.gov
Art. 894. Suspension and deferral of sentence; probation in misdemeanor cases: www.legis.la.gov
Timeline
Timeline for Expungement
- Obtain Minutes fom Case and Determine Eligibility
- Gather Required Paperwork (except background check)
- Complete Expungement Paperwork
- File Motion to Set Aside a Conviction (if applicable)
- Hearing for Motion to Set Aside a Conviction (if applicable)
- Have all filing fees available
- Request a background check
- File Motion for Expungement: within 30 days from the day you received your background check
- If expungement is granted: Get Certified Copy
- Get Certificate of Compliance from Louisiana State Police
JAC Clean Jacket Expungement App: www.jaclouisiana.org
Expungement Paperwork
Expungement Paperwork Explained
Below is an overview of the types of paperwork you may need to file your expungement. In the next section, you will find the specific requirements for your court with instructions for where to retrieve these documents. You may not need to collect all of the documents below.
Click on the word to find an overview of the type of paperwork.
- Background Check
- Expungement Forms
- Affidavit of Probable Cause
- Appearance Bond
- Arrest Warrant
- Bill of Information
- Certification from the District Attorney
- Certified Minutes
- Fingerprints
- Fee Waiver
- Motion to Set Aside Conviction Forms
You must include a valid background check with your expungement forms. It shows the court and all parties what your record looks like in a given parish. You must file for your expungement within 30 days of completing your background check. JAC highly recommends you have all filing fees available before completing your background check. Check with your court on how the fees should be paid.
You must include and complete the expungement forms. They are usually available at the Clerk of Court for your court, or in some cases you will need to access them online. JAC has the forms available online at www.JACLouisiana.org. Fill out the forms that apply to your situation ONLY. Clerks cannot help you determine which forms you will need, nor can they help you fill out the forms. If you are unable to complete the forms yourself, download JAC’s Clean Jacket App for FREE on iTunes and GooglePlay or seek legal advice from an attorney.
A sworn statement, usually made by a police officer, that outlines the factual justification for why an arrest occurred, or why an arrest warrant should be issued. You may need to retrieve a copy the Affidavit of Probable Cause from your case from the Clerk of Court.
A written promise to the court that you will appear in court on a certain date and time, or otherwise pay a fine. You may need to retrieve a copy of your appearance bond from your case from the Clerk of Court.
A written order from an authority of the state authorizing the arrest and detention of a person. You may need to retrieve a copy of the arrest warrant from your case from the Clerk of Court.
The Bill of Information shows the exact charge against you and can be obtained from the Clerk of Court.
Certification from the District Attorney
This certification verifies that the District Attorney does not see any felonies pending against you. If you need this, you will need to go to the District Attorney’s office.
You will need the following information: 1) Your case number 2) The statute number(s) of the offense(s) for which you were arrested or convicted 3) Your social security number and contact information.
Go to the District Attorney’s Office and request certification paperwork. Complete forms and turn them in to the office. The District Attorney’s Office will call you when your paperwork is ready to be picked up.
Minutes are the shorthand version of everything that happened in your case. The minutes can be obtained from the Clerk of Court and there might be a fee.
Fingerprints may be required to get a background check. Please note that you may not need to include your fingerprints with the Motion for Expungement.
A fee waiver must be authorized by the District Attorney only. The fee waiver allows you to file for an expungement and not pay any fees. The fee waiver can be found with the other expungement forms at the Clerk of Court or online, and it usually needs to be authorized by the DA before you file for expungement. You may be eligible for a fee waiver if the below conditions apply to you. If you are not sure, seek the advice of an attorney.
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You have no prior felony convictions anywhere in the country.
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You have no pending felony charges against you.
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Your case ended in an acquittal, motion to quash, or it was dismissed/refused and the time limit for prosecution has expired, and the dismissal was not the result of completion of diversion.
Motion to Set Aside Conviction Forms
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A Motion to Set Aside is a preliminary step some individuals may need to request before getting an expungement. You should be sure that you do not also need to file a Motion to Set Aside a Conviction before obtaining your background check. If you do not know whether you need to file a Motion to Set Aside Conviction, seek the advice of an attorney.
JAC Clean Jacket Expungement App: www.jaclouisiana.org
FAQ
FAQ
“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, and other state agencies as stated under Louisiana law.
JAC strongly recommends that you contact an attorney, download our free mobile app for assistance or attend a workshop or event to review the potential in having your record expunged.
An arrest for simple drug possession when under 21 years old may be expunged. Other arrests on Federal charges are not possible to expunge—unless the case ended with an acquittal or exoneration.
No. There are two kinds of pardons, both of which restore certain rights differently. An automatic pardon is given to first time offenders in Louisiana (some crimes are excluded from eligibility). An automatic first offender pardon does not prevent the State from using your record against you in the future, nor is your record sealed from public view. However, a full governor’s pardon prevents your record from being used against you at a later time for subsequent convictions and returns you to the state you were in prior to arrest.
Applications may be filed immediately following an acquittal or successful motion to quash. If the District Attorney dismissed or refused prosecution and the time limit for prosecution has run out, then an expungement may be possible. Generally, the DA has a specific amount of time after the date of the offense within which he or she must institute charges. They are as follows:
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No limit: Crimes punishable by death or life imprisonment
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10 years: Some sex crimes
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6 years: Felonies punishable by imprisonment and hard labor
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4 years: Felonies not necessarily punishable by imprisonment or hard labor
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2 years: Misdemeanors punishable by fine or imprisonment
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6 months: Misdemeanors punishable by fine
JAC recommends speaking with a Juvenile Advocate, such as the Louisiana Center for Children’s Rights. Phone: (504) 658-6860. Address: 1100-B Milton St. New Orleans, LA 70122.
A person may file an Interim Motion to Expunge a Felony Arrest when a felony arrest results in a conviction of a misdemeanor. However, the motion only expunges the original felony arrest and not the conviction for the misdemeanor. This is because the interim motion to expunge is separate from a motion to expunge a final conviction. Additional fees may be assessed after completion of probation if the defendant wants the conviction expunged at a later date. If you think you might be eligible for or need an Interim Expungement, seek the advice of an attorney.
An expungement requires the Court’s approval. There are uniform forms that all courts must use. Fill out the required forms and submit them to the Court with a background check that was acquired within thirty (30) days of the filing date. For example, if you are filing your expungement on January 30, 2015, then your background check must be issued on or after January 1, 2015. There may be additional requirements, depending on your court.
Expungement costs vary by court.
Listen to the Judge and the State. If you do not understand what is going on, ALWAYS ask the Judge to explain to you what is happening. If you think you need a lawyer’s help at the hearing, ask the Judge if you can have some time to get a lawyer. If the Judge permits this, you will get another date to appear in court with an attorney.
No. The only circumstance that allows for a fee waiver is if all of the following applies:
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The individual has no prior felony convictions anywhere in the country
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The individual has no pending felonies
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The offense for which the individual was prosecuted ended in an acquittal, motion to
quash, or it has been dismissed/refused and the time limit for prosecution has expired
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The offense was not dismissed after successful completion of diversion
It will take sixty (60) days from the date of filing for all the agencies to respond to your request for an expungement. It may then take additional time for the Louisiana State Police to mail you a Certificate of Compliance.
No, some government agencies may still able to view an arrest record even after it has been expunged. They are as follows: The Office of Financial Institutions, the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of Psychologists, the Louisiana Board of Pharmacy, the Louisiana State Board of Social Work Examiners, the Emergency Medical Services Certification Commission, Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, the Louisiana Supreme Court Committee on Bar Admissions, the Louisiana Department of Insurance, the 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.
There is no clear answer under the law. Seek the advice of an attorney regarding your particular situation.
Private employers can deny you employment for any reason. However, public employers and licensing authorities should only deny you employment if your arrest/conviction is reasonably related to the job for which you have applied. Request the assistance of an attorney if you believe you have been wrongfully denied employment.
The app provides individuals with an informational review of their opportunity for expungement. Some convictions are not eligible for expungement under any circumstance, such as convictions that require registration as a sex offender. The app informs individuals that it is unlikely that the court would grant an expungement under the expressly prohibited circumstances. Similarly, there are some areas of expungement law that require direct review of the arrest or conviction by an attorney. It provides these users with a geographic location of attorneys nearby who may be able to provide assistance.
Using the law, JAC devised a process through which individuals can be educated on the general likelihood of an expungement occurring. Without a direct review of an individual’s particular arrest or conviction, however, the app cannot advise individuals on the success of filing a Motion of Expungement in any Louisiana court. Instead, the app provides a list of private and/or pro bono attorneys who can provide expungement services according to the user’s geo-location or zip code.