On this page
- What is a deferred sentence in Louisiana?
- How does Article 893 work for felonies?
- Is an Article 893 set-aside only allowed once?
- Who is not eligible for Article 893?
- How does Article 894 work for misdemeanors?
- Can you get a set-aside on a DWI?
- Do set-asides protect commercial driver's licenses?
- What can cause a set-aside to fall apart?
- How do you ask for an 893 or 894?
What is a deferred sentence in Louisiana?
A deferred sentence means the judge accepts a guilty plea or verdict but holds off on imposing a sentence. Instead, you are placed on probation. If you complete probation successfully, the court sets aside the conviction and dismisses the prosecution. Lawyers often call this an "893" (for felonies) or a "894" (for misdemeanors), after the articles of the Louisiana Code of Criminal Procedure.
For many first-time offenders, this is the best realistic outcome short of a dismissal or acquittal. It lets you avoid a final conviction and clears the way for expungement.
It is important to understand what a deferred sentence is not. It is not a dismissal on day one. You still enter a plea or are found guilty, and you are still on probation with conditions you must follow. The benefit comes at the end, and only if you complete probation successfully. That makes the probation period the most important part of the deal.
How does Article 893 work for felonies?
Under Article 893, for an eligible first-offense felony, the judge can defer imposing sentence and place you on probation. Felony probation is generally up to 5 years, or up to 8 years in drug, DWI, mental health, veterans or reentry court.
When you complete probation, the conviction is set aside and the prosecution dismissed. Under Article 893(E), this has the same effect as an acquittal, with one exception: it can still be counted as a prior offense for habitual offender purposes. After the set-aside, you can seek expungement under Article 978.
Probation conditions vary by case and by court. They can include regular reporting, fees, community service, drug testing, treatment programs and staying out of trouble. Specialty courts, such as drug court or DWI court, often have more frequent check-ins and longer terms, but they can also offer more structure and support.
Is an Article 893 set-aside only allowed once?
Not anymore. Older versions of Article 893 said a set-aside and dismissal could occur only once in a person's lifetime. The current text says it "shall occur only twice with respect to any person." The change came through recent amendments, and the article was amended again in 2026.
Many websites still say "once," so do not rely on older information. A lawyer should confirm how the current law applies to your history, especially if you have received a set-aside before.
Even with the "twice" rule, using a set-aside is a decision with long-term weight. If you might need that option for a future case, it is worth weighing whether a different outcome, such as a dismissal or a reduction, is realistic in the case you have now.
Who is not eligible for Article 893?
Article 893 deferral is not available for:
- crimes of violence;
- sex offenses involving a victim under 17; and
- drug offenses punishable by more than 10 years.
That last limit is important in drug cases. Many possession with intent to distribute charges carry maximum sentences above 10 years, so they shut the door on Article 893. Getting such a charge reduced to simple possession can make a first offender eligible again. Our guide to possession vs. possession with intent explains those penalty ranges. Eligibility also depends on your prior record and the judge's discretion.
How does Article 894 work for misdemeanors?
Article 894 is the misdemeanor version. The court can suspend or defer the sentence and place you on probation for up to 2 years, or up to 8 years in a specialty court. If you complete probation with no new convictions and no pending charges, the conviction is set aside and the case dismissed. Like an 893, it is treated as an acquittal, but it can still be used to enhance a later offense.
After an Article 894 set-aside, you can move to expunge the record under Article 977, without waiting the usual 5 years.
Can you get a set-aside on a DWI?
Yes, but with tighter limits. A first-offense DWI can be set aside under Article 894 and then expunged. However, a DWI set-aside is allowed only once in a 10-year period, with one additional set-aside for a person who completes DWI court.
Even after a set-aside, the DWI can still count as a prior offense if you are arrested again. DWI expungements also carry an extra $50 Office of Motor Vehicles fee. See our Louisiana DWI penalties guide for how priors are counted.
Do set-asides protect commercial driver's licenses?
Often, no. Federal anti-masking rules bar states from deferring, diverting or masking a CDL holder's traffic conviction, in any vehicle, to keep it off the driving record. That means an Article 894 set-aside on a traffic-related offense may not protect a CDL the way it protects a regular driver.
If you hold a CDL, make sure your lawyer knows that from the very first conversation, because it changes which outcomes are actually helpful to you. Sometimes a different charge or a different resolution protects a CDL better than a set-aside of a traffic offense would.
What can cause a set-aside to fall apart?
A deferred sentence only works if you complete probation successfully. Common problems include missed appointments, unpaid fees, failed drug tests and new arrests. A new arrest or conviction can lead to revocation, and then the judge can impose a sentence instead of setting the conviction aside.
Since 2024, Louisiana caps jail time on a first revocation for a purely technical violation for many people who are not on probation for a crime of violence or sex offense. A first technical violation is capped at 15 days, a second at 30 days and a third or later at 45 days, or up to 90 days of custodial substance abuse treatment. After that first revocation, the person returns to probation for the rest of the term. These caps apply to offenses committed on or after Aug. 1, 2024. Our probation violations page explains more. If you are struggling to meet a condition, tell your lawyer early. It is usually easier to fix a problem before a violation is filed than after.
How do you ask for an 893 or 894?
A deferred sentence is usually part of a negotiated resolution or a sentencing request to the judge. A lawyer can present your background, work history, family responsibilities and any treatment you have started, and argue that you are a good candidate.
Timing matters. The best chance to set up a deferred sentence is usually during negotiations, before trial. Letters of support, proof of employment and records of counseling or treatment can all help show the judge and the prosecutor that you will succeed on probation.
Barry Ranshi is a former Orleans Parish prosecutor who now focuses only on criminal defense. He also helped rewrite Orleans Criminal Court's expungement procedure while working as a staff attorney to Judge Darryl A. Derbigny, so he plans each case with your future record in mind. Call (504) 905-8399, 24/7, for a free, confidential consultation. Afterward, read our expungement guide, or call (504) 905-8399 to ask about a set-aside you already received.