On this page
- What does expungement do in Louisiana?
- Can you expunge an arrest that did not lead to a conviction?
- When can a misdemeanor conviction be expunged?
- When can a felony conviction be expunged?
- Can a DWI be expunged in Louisiana?
- How much does an expungement cost in Louisiana?
- Is Louisiana's Clean Slate law automatically clearing records?
- What are the steps to file for expungement?
- Should you plan for expungement while your case is still open?
What does expungement do in Louisiana?
Expungement removes a record of an arrest or conviction from public access. Once a record is expunged, it generally will not show up on the public background checks that employers and landlords commonly use.
Expungement does not destroy the record. Under Louisiana law, an expunged record is still available to law enforcement, prosecutors and certain licensing agencies. So expungement helps a great deal with everyday life, but it is not a total erasure. If you are applying for a professional license or a sensitive government job, ask a lawyer how an expunged record may still be seen.
An expunged conviction can also still count against you if you are charged again. For example, an expunged DWI can generally still be used as a prior offense. Expungement is about your public record, not about rewriting your history with the courts.
Can you expunge an arrest that did not lead to a conviction?
Generally, yes, and without a waiting period once the case is over. If your charge was dismissed, the district attorney refused to prosecute, you were acquitted, or the time limit to prosecute ran out, you can usually move to expunge the arrest under La. C.Cr.P. Art. 976.
Many people do not realize that an arrest shows up on a background check even when no charge was ever filed. If you were arrested and the case went nowhere, expungement is often the simplest way to clean that up.
Fee waivers are also more common in this situation. Depending on why the case ended, some people who were never convicted may not have to pay the full fees. Ask about this before you file.
When can a misdemeanor conviction be expunged?
A misdemeanor conviction can be expunged in two main ways under Article 977:
- After a set-aside. If your conviction was set aside and dismissed under Article 894 after probation, you can move to expunge it.
- After 5 clean years. If more than 5 years have passed since you finished your sentence, probation or parole, with no felony conviction during those 5 years and no pending felony charge, you can move to expunge it.
A first-offense marijuana possession conviction can be expunged just 90 days after the conviction. Some misdemeanors cannot be expunged under Article 977, including sex offenses (with limited exceptions), domestic abuse battery and stalking.
When can a felony conviction be expunged?
A felony conviction can be expunged under Article 978 in two main ways:
- After a set-aside. If your sentence was deferred under Article 893 and the conviction was set aside and dismissed after probation, you can move to expunge it.
- After 10 clean years. If more than 10 years have passed since you finished your sentence, probation or parole, with no other conviction in those 10 years and no pending charge, you can move to expunge it.
Some felonies generally cannot be expunged, including most crimes of violence, sex offenses and offenses against minors, most drug distribution felonies, and domestic abuse battery. There is a narrow exception: aggravated battery, second degree battery, aggravated criminal damage, simple robbery, purse snatching and illegal use of weapons may be expunged after a contradictory hearing once 10 years have passed with no new convictions or pending charges. Certain drug possession convictions are also carved back in.
Because these exceptions are narrow and depend on the exact statute of conviction, have a lawyer read your record before you pay any filing fees. A motion that is denied usually means the fees are lost.
Can a DWI be expunged in Louisiana?
Yes, in many cases. A DWI conviction can be set aside under Article 894 after probation and then expunged. But Louisiana limits this: a DWI set-aside can happen only once in a 10-year period, with one additional set-aside for someone who completes DWI court. DWI expungements also carry an extra $50 fee to the Office of Motor Vehicles.
Keep in mind that an expunged DWI can still be counted as a prior offense if you are arrested again. Our Louisiana DWI penalties guide explains how priors are counted.
How much does an expungement cost in Louisiana?
Expect fees of about $550 per arrest or conviction, plus attorney fees if you hire a lawyer. A typical breakdown looks like this:
| Who is paid | Typical fee |
|---|---|
| Louisiana State Police | $250 |
| Clerk of court | Up to $200 |
| Sheriff | $50 |
| District attorney | $50 |
| Office of Motor Vehicles (DWI only) | $50 |
Fee waivers exist in limited situations, such as certain cases that did not end in a conviction and for people who qualify as unable to pay. If you have several arrests on your record, each one is usually a separate expungement with its own fees, so it is worth getting a clear plan before you file anything.
Is Louisiana's Clean Slate law automatically clearing records?
Not yet. In 2023, Louisiana passed a Clean Slate law (Act 454, creating Article 985.2) meant to let eligible people request automated expungement through the state starting Jan. 1, 2025. But the law only takes effect once the Legislature pays for it. As of August 2026, it had not been funded or put into practice, and court and law enforcement systems were not linked.
That means everyone who wants an expungement still has to file a motion the traditional way. If someone tells you your record will clear itself, ask them to show you how.
What are the steps to file for expungement?
The process is paperwork-heavy, and small mistakes can cause delays. In general:
- Get your records. You need the details of each arrest and the final outcome, including any set-aside order.
- Check eligibility. Confirm the waiting period has passed, there are no pending charges, and the offense is not on the excluded list.
- File the motion in the court that handled the case, with the required fees or a request for a waiver.
- Notice and objections. The agencies involved receive notice and may object. If there is an objection, a hearing may be set.
- Order and follow-up. If the judge grants it, the order is sent to the agencies that hold the record.
Barry Ranshi knows this process from the inside. As a staff attorney to Orleans Parish Criminal Court Judge Darryl A. Derbigny, he took part in rewriting Orleans Criminal Court's expungement procedure. Learn more about our expungement services, or call (504) 905-8399 for a free, confidential consultation. We answer 24/7.
Should you plan for expungement while your case is still open?
Yes. The way a case ends often decides whether, and when, you can expunge it. A dismissal can usually be expunged right away. A deferred sentence under Article 893 or 894 can lead to a set-aside and then an expungement. A plain conviction usually means waiting 5 or 10 years, and some convictions can never be expunged.
That is why your defense lawyer should be thinking about your record from day one, not just about the next court date. If you have an open case in Orleans, Jefferson, St. Tammany or a nearby parish, call (504) 905-8399 so we can talk about how the outcome will affect your future.