A full kit and guide to doing your own simple expungement in Louisiana!
Step 1. OFFICIAL CRIMINAL HISTORY FROM LOUISIANA STATE POLICE
First you will need a copy of your criminal history from the Louisiana State Police. You can download the two forms (Right to Review Authorization and Right to Review Disclosure forms) from their website at www.lsp.org/technical.html
Attach a copy of your fingerprints (you can get a fingerprint card taken at any local law enforcement agency, police or sheriff's department, for a fee) and a money order for the processing fee. YOU DO NOT NEED TO INCLUDE THE $10 FINGERPRINT FEE TO LSP IF YOU INCLUDED A FINGERPRINT CARD. The $10 fee applies to people who go to the LSP headquarters in Baton Rouge and get fingerprinted on site.
Then mail this to the Louisiana State Police Bureau of Criminal Statistics. You should receive an official copy of your criminal history in about six (6) weeks.
***In some parishes you can get a valid criminal history (LACH) at your local sheriff's office immediately. The practice varies from jurisdiction to jurisdiction. Caddo Parish provides criminal histories in the basement of the courthouse, with valid ID and a fee.THE EXPUNGEMENT FORM
Once you have received the criminal history, it should contain all the information you need to fill out the expungement form such as the arrest number and the SID number.
Expungements are applied to arrests. Arrests with no convictions are generally expungeable. Arrests with convictions, may or may not be, it depends. (See La. C.Cr.P. art 977-8 below)
Go to the clerk of court where the charge was filed to get the most recent and updated expungement form and directions, because these forms change. You want to get a form from the court in which you were convicted/charged. The forms change slightly from court to court.
Here is the link to Caddo Parish Clerk of Court's form . www.caddoclerk.com/Expungement.pdf
Fill out the form (remember, one expungement per arrest or arrest number, regardless of how many charges there were) Then attach the criminal history from LSP (it must be dated within 30 days of filing) along with your filing fee.THE EXPUNGEMENT FILING FEE
The clerk will have information on how much the filing fee is. It is usually $550 with portions of it going to various agencies. You may be able to get a waiver and not have to pay a fee if you were found innocent at trial, or if the charges were dismissed or rejected. Cases that successfully completed diversion specifically have to pay the filing fee. Depending on how the case was ultimately resolved, the district attorney may agree to waive the fees. The clerk of court packet will have more info on how to contact the district attorney's office regarding a fee waiver.
In the expungement packet, there is a form called "Certification of Fee Waiver". This form has two purposes, and needs to be filled out by the DA office before filing. 1. It certifies that the applicant has no pending felony charges, and 2. It certifies whether the applicant qualifies for a fee waiver. Call the DA office for more informationTHE ACTUAL FILING OF THE FORM WITH THE COURT
Once you have 1. Your criminal history dated within the past 30 days; 2. Filled out expungement form; and 3. Either the fee (money order or cash) or a Certification of Fee Waiver from the district attorney, you are ready to file. File the expungement at the clerk of court where you were charged. Bring the original (fill it out and sign it in blue ink) and 5 copies to go out to other agencies to give them service and notice, and keep a file stamped copy for your records. Otherwise you can pay the clerk to copy your form at the courthouse, but it is expensive.
You may or may ot get a court date in the mail in about a month. Sometimes if all the other parties all enter NO OBJECTION (and they usually do) then the court will sign the expungement in chambers and mail out the order to all parties involved, including you. If you do have a hearing set, make sure and arrive early, well-dressed, and have all your paperwork in hand. Usually the hearing itself goes quickly, after a long wait in the courtroom.THE FINAL "EXPUNGEMENT"
After the expungement is granted, the clerk will send the judge's order to all agencies with records to seal the expunged records. Records are NEVER destroyed. An expungement simply seals them so that most of the public does not have access. Police agencies, school boards, professional licensing boards for doctors, dentists, lawyers, and nurses, etc. still have access to records after they are expunged, but most general employers do not.
After a few months you should receive letters from the clerk of court, the DA, the sheriff, LSP and the arresting agency that your records are expunged and now confidential. At that point, the expungement is complete.This statute governs whch misdemeanors are expungeable
La. C.Cr.P. Art. 977. Motion to expunge a record of arrest and conviction of a misdemeanor offense
A. 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 Article 894(B) of this Code.
(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.
B. The motion to expunge a record of arrest and conviction of a misdemeanor offense shall be served pursuant to the provisions of Article 979 of this Code.
C. No person shall be entitled to expungement of a record under any of the following circumstances:
(1) The misdemeanor conviction arose from circumstances involving or is the result of an arrest for a sex offense as defined in R.S. 15:541, except that an interim expungement shall be available as authorized by the provisions of Article 985.1 of this Code.
(2) The misdemeanor conviction was for domestic abuse battery.
(3) The misdemeanor conviction was for stalking (R.S. 14:40.2).
D.(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 Article 894(B) of this Code.
(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.
Acts 2014, No. 145, ?1; Acts 2015, No. 151, ?1, eff. June 23, 2015; Acts 2015, No. 200, ?1.And this statute governs felony convictions.
La. C.Cr.P. Art. 978. Motion to expunge record of arrest and conviction of a felony offense
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 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) A crime of violence as defined by or enumerated in R.S. 14:2(B), unless otherwise authorized in Paragraph E of this Article.
(2)(a) Notwithstanding any provision of 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) A violation of the Uniform Controlled Dangerous Substances Law, except for any of the following which may be expunged pursuant to the provisions of this Title:
(a) 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 970(C).
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(3) A violation of the Uniform Controlled Dangerous Substances Law, except for any of the following which may be expunged pursuant to the provisions of this Title:
(a) 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 970(C).
(b) A conviction for possession of a controlled dangerous substance with the intent to distribute.
(c) A conviction for a violation of the Uniform Controlled Dangerous Substances Law which is punishable by a term of imprisonment of not more than five years.
(d) A conviction for a violation of the Uniform Controlled Dangerous Substances Law which may be expunged pursuant to Article 893(E).
(4) The conviction was for domestic abuse battery.
C. The motion to expunge a record of arrest and conviction of a felony offense shall be served pursuant to the provisions of 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.
E.(1) Notwithstanding any other provision of law to the contrary, after a contradictory hearing, the court may order the expungement of the arrest and conviction records of a person pertaining to a conviction of aggravated battery, second degree battery, aggravated criminal damage to property, simple robbery, purse snatching, or illegal use of weapons or dangerous instrumentalities if all of the following conditions are proven by the petitioner:
(a) 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.
(b) The person has not been convicted of any other criminal offense during the ten-year period.
(c) The person has no criminal charge pending against him.
(d) The person has been employed for a period of ten consecutive years.
(2) The motion filed pursuant to this Paragraph shall include a certification 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. The motion shall be heard by contradictory hearing as provided by Article 980.
Acts 2014, No. 145, ?1; Acts 2015, No. 151, ?1, eff. June 23, 2015; Acts 2015, No. 200, ?1; Acts 2016, No. 125, ?1, eff. May 19, 2016.Additional resources provided by the author
