State Summary

The Louisiana Second Chance Expungement Gap

Disclaimer

The following is a summary of the law prepared by law students under the supervision of a professor based on consulting multiple sources. It is only up to date as of the dates shown below and in many cases we had to make judgment calls. Therefore we encourage you to also consult the sources below, as well as the Restoration of Rights Project that include summaries of the law for all 50 states and US territories.

Sources: Louisiana CCRP 976, CCRP 977, CCRP 978

Summary of the Law

CONVICTIONS:

  1. Misdemeanor: Expungement of any non-domestic abuse battery, or non-stalking misdemeanor conviction if there is no underlying felony sex offense arrest if no convictions of any felony offense and no felony charge pending during a five-year (5) waiting period since the person completed any sentence, deferred adjudication, or period of probation or parole. CCRP 977.
    1. Because we lack arrest data, we considered underlying felony sex offense charges as disqualifying to satisfy the lack of an underlying felony sex offense arrest.
    2. Not Modeled
      1. Petition for expungement must include certification obtained from the district attorney which verifies that the applicant has no felony convictions during the 5-year period and no pending felony charges.
      2. This waiting period is not required if the individual received a deferred sentence of probation and had the conviction set aside after satisfactorily completing probation. CCRP 977(A)(1), see 894(B).
  2. Felony: Expungement for felony convictions if no convictions of any criminal offense and no criminal charge pending during a ten-year (10) waiting period since the person completed any sentence.
    1. Not Modeled
      1. Deferred adjudication, or period of probation or parole. CCRP 978.
      2. No waiting period when:
        1. First offender pardon for offenses pursuant to Article IV, Section 5(E)(1) of the Louisiana Constitution, provided that the offense is not a crime of violence (R.S. 14:2(B)) or a sex offense ( R.S. 15:541).
      3. The individual received a deferred sentence of probation, or meets other criteria for eligibility under CCRP 893, and had the conviction set aside after satisfactorily completing probation. CCRP 978(A)(1).
      4. Ordered expungement after a contradictory hearing (CCRP 980) regarding the arrest and conviction of a person pertaining to the crimes listed in CCRP 978(E)(1) if all the following conditions are met:
        1. more than 10 years have passed since any completed sentence, deferred adjudication, or period of probation or parole based on the felony conviction;
        2. the person has not been convicted of any other criminal offense during the 10-year period; AND
        3. the person has no criminal charges pending against them.
        4. Petition for felony conviction expungement must have certification obtained from the district attorney which verifies that the applicant has no convictions during the 10-year period and no pending charges.
  3. Not Eligible: felonies listed in CCRP 978(B), for a commission or attempted commission. Misdemeanors listed in CCRP 977(C).
  4. Lifetime or Other Limits: Cornell: Louisiana
    1. Not Modeled
      1. For misdemeanor convictions, one 894(B) set aside every 5 years and one 894(B) set aside for a DUI every 10 years.
      2. For felony convictions, a person is eligible for 2 893(E) set asides in their lifetime.
      3. You may file for expungement immediately if you were arrested but not prosecuted (case dismissed, quashed, or acquittal).
      4. If the prosecutor did not act, the time limit to bring prosecution must run out before filing for expungement:
        1. For misdemeanors punishable by fine or imprisonment: 2 years
        2. For misdemeanors punishable only by fines (such as traffic infractions): 6 months
        3. For felonies punishable by imprisonment “at hard labor”: 6 years
        4. For all other felonies: 4 years
        5. For any sentence with death or life imprisonment or a true bill filed, there is no prescriptive period
        6. For certain sex offenses involving a minor prescription is 30 years after the individual reaches 18 years old
  5. Treatment of multiple convictions for the same incedent: [n/a]
  6. Legal Financial Obligation (LFO) payment requirement for sentence completion: See CCRP 983 and 984 for expungement costs.
  7. Other Unmodeled Criteria or Details: None

NON-CONVICTIONS:

  1. Expungement of non-conviction (no prosecution and prosecution barred or declines to prosecute, dismissal, successful completion of pretrial diversion program, acquittal, dismissal) upon petition. (no waiting period)
  2. Not Modeled
    1. Limitations on institution of prosecution have elapsed.
    2. If non-conviction was the result of judicially-determined factual innocence and that individual is entitled to compensation for wrongful convictions (R.S. 15:572.8), they may have the arrest and conviction expunged without limitations or time delays normally imposed upon the expungement process. 976(A)(4).
  3. Other Unmodeled Criteria or Details: For individuals placed in a pretrial diversion program related to operating a vehicle while intoxicated (R.S. 14:98), or a similar parish or municipal ordinance that prohibits operating a vehicle while intoxicated, impaired, or while under the influence of alcohol, drugs, or controlled dangerous substances, expungement will only be available after five years have elapsed since the arrest of that person. CCRP 976(B).

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