Expungement Attorneys in Louisiana
Expungement in Louisiana
In most cases, if you were arrested in Louisiana, but not convicted, you are eligible for expungement of your criminal records. Arrest records for most local ordinances, misdemeanors, and felonies that do not result in conviction are eligible.
For misdemeanors with no conviction, you are eligible if the time limit to begin prosecution has expired or your case ended in dismissal, acquitta, or a motion to quash.
For felonies with no conviction in Louisiana, you are eligible if the prosecution of your case began and the case ended in acquittal, dismissal, or a motion to quash AND the arrest or prosecution for that offense has no substantial value as a prior offense in future prosecution. You are also eligible if the time limit to prosecute for the offense ran out and no prosecution had begun.
You may also be able to get your adult arrest and conviction expunged if:
- You were placed on probation under Article 893 or 894 of the Louisiana Code of Criminal Procedure, have successfully satisfied the terms of your probation and the sentence was vacated.
- You had a federal conviction for simple drug possession and were under the age of 21 at the time.
Louisiana does impose some waiting periods for eligibility:
- You can file immediately if your case was disposed by dismissal, acquittal, or a motion to quash.
- You can file after the time limit for prosecution has run out if not prosecution took place. The time limits for prosecution depend on the punishment for the crime:
- Crimes punishable by death or life imprisonment have no time limit
- Certain sex offenses against children have a ten (10) year limit
- Felonies punishable by imprisonment at hard labor have a six (6) year time limit
- Felonies not necessarily punishable by imprisonment at hard labor have a four (4) year time limit
- Misdemeanors punishable by a fine or imprisonment have a two (2) year time limit
- Misdemeanors punishable only by a fine have a 6 month time limit.