Posted By: On Behalf of J. Kevin Stockstill, Attorney At Law // On:
If you've been arrested or sometimes even convicted in Louisiana, you may be eligible to have your record expunged. In cases that are dismissed or the
prosecutor never filed charges, you're immediately eligible for expungement.
New Expungement Laws
There are new laws, however, for those who have been convicted, that allow expungement under certain circumstances. If you're convicted under Article 893 (felony) or Article 894 (misdemeanor), then you are automatically eligible for expungement as soon as your probation period is over. If
you were convicted otherwise, Articles 977 and 978 detail under what conditions you are or are not eligible for expungement.
conviction was set aside and the prosecution was dismissed according to Article 893(E) (suspension and deferral of sentence and probation in felony
if more than ten yeas have passed since the completion of any sentence, probation, or parole based on a felony conviction and the person has not been
convicted of or have a pending charge for any other criminal offense during the ten year period
You may NOT file if:
the felony was a crime of violence as defined by RS 14.2
the felony was a sex offense or a criminal offense against a victim who is a minor (RS 15:541)
you were convicted of carnal knowledge of a juvenile before August 15, 2001 if that offense would be defined as misdemeanor carnal knowledge of a juvenile
(RS 14:80.1) had the offender
been convicted on or before August 15, 2001
Expungement of a felony offense can only be granted once every 15 years.