An individual convicted of a felony may expunge his arrest record under the following circumstances:
The conviction was set aside and the prosecution was dismissed pursuant to Article 893(E).
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 person is entitled to a first offender pardon for the offense pursuant to Article IV, Section 5(E)(1) of the Constitution of Louisiana, provided that the offense is not defined as a crime of violence pursuant to R.S. 14:2(B) or a sex offense pursuant to R.S. 15:%41.
La C.Cr.P. Art. 978(A).
There are, as always, exceptions. “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 of any of the following offenses:”
A crime of violence as defined in R.S. 14:2(B), unless otherwise authorized in Paragraph (E) of this Article.
(a) Notwithstanding any provision of Article 893, a sex offense or a criminal offense against a victim who is a minor os each term is defined in 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.
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 conviction for possession of a controlled dangerous substance;
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;
A conviction for a violation of the Uniform Controlled Dangerous Substances Law which may be expunged pursuant to Article 893(E);
A conviction for a violation of the Uniform Controlled Dangerous Substances Law for which the person is entitled to a first offender pardon pursuant to Article IV, Section 5(E)(1) of the Constitution of Louisiana;
The conviction was for domestic abuse battery.
La. C.Cr.P. Art. 978(B).
For those convicted of aggravated battery, second degree battery, aggravated criminal damage to property, simple robbery, purse snatching, or illegal use of weapons or dangerous instrumentalities may receive an expungement after a contradictory hearing, if:
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.
The person has not been convicted of any other criminal offense during the ten-year period.
The person has no criminal charge pending against him.
La C.Cr.P. Art. 978(E).
An expungement by redaction allows a person who was arrested another individual to expunge his record, while the record of his co-defendant may remain accessible to the public. La. C.Cr.P. Art. 985(A).
If you or someone you know is interested in whether you qualify for an expungement, give us a call at (318) 459-9111 to schedule a consultation.