Kevin Stockstill Criminal Defense
FREE CONSULTATION 337-262-0203

Tips to Expunge Your Record

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.

Article 977—Misdemeanor

You may file for expungement if:

  • the conviction was set aside and the prosecution was dismissed according to Article 894(B) (suspension and deferral-misdemeanor)
  • more than 5 years have passed since the completion of any sentence, probation, or parole

You may NOT file if:

  • the misdemeanor arose from a sex offense (RS 15.541), unless otherwise authorized by Article 985.1
  • the misdemeanor arose from domestic abuse battery and was not dismissed

Expungement can only be granted once every 5 years. This time period extends to 10 years for DWI charges.

Article 978—Felony

You may file for expungement if:

  • conviction was set aside and the prosecution was dismissed according to Article 893(E) (suspension and deferral of sentence and probation in felony cases)
  • 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.

back