For the next four weeks, we’ll be covering expungement basics and details under Louisiana law.
To start: what is an expungement? Louisiana Code of Criminal Procedure Article 972 defines “expunge a record” as “to remove a record of arrest or conviction, photographs, fingerprints, disposition, or any other information of any kind from public access pursuant to the provisions of this Title. ‘Expunge a record’ does not mean destruction of the record.” La. C.Cr.P. Art. 972(A)(1).
So what does an expungement do?
“An expunged record of arrest or conviction shall be confidential and no longer considered to be a public record and shall not be made available to any person or other entity…” La. C.Cr.P. Art. 973(A).
But, like so many things in the law, there are exceptions. An expunged record can be disclosed:
(1) To a member of a law enforcement or criminal justice agency who shall request that information in writing, certifying that the request is for the purpose of investigating, prosecuting, or enforcing criminal law, for the purpose of any other statutorily defined law enforcement or administrative duties, or for the purposes of the requirements of sex offender registration and notification pursuant to the provisions of R.S. 15:540 et seq.
(2) On order of a court of competent jurisdiction and after a contradictory hearing for good cause shown.
(3) To the person whose record has been expunged or his counsel.
(4) To a member of a law enforcement or criminal justice agency, prosecutor, or judge, who requests that information in writing certifying that the request is for the purpose of defending a law enforcement, criminal justice agency, or proseucutor in a civil suit for damages resulting from wrongful arrest or other civil litigation and the expunged record is necessary to provide a proper defense.
La C.Cr.P. Art. 973(A).
Additional exceptions are for various state agencies which may request the expunged records in writing:
the Office of Financial Institutions,
The Louisiana State Board of Medical Examiners,
the Louisiana State Board of Nursing,
the Louisiana State Board of Dentistry,
the Louisiana State Board of Examiners of Psychologists,
the Louisiana Board of Pharmacy,
the Louisiana State Board of Social Work Examiners,
the Emergency Medical Services Certification Commission,
Louisiana Attorney Disciplinary Board,
Office of Disciplinary Counsel,
the Louisiana Supreme Court Committee on Bar Admissions,
the Louisiana Department of Insurance,
the Louisiana Licensed Professional Counselors Board of Examiners,
the Louisiana State Board of Chiropractic Examiners,
“or any person or entity requesting a record of all criminal arrests and convictions pursuant to R.s. 15:587.1, or as otherwise provided by law.”
La C.Cr.P. Art. 973(B).
A person whose record has been expunged cannot be required to disclose the expunged arrest or conviction or that it has been expunged, except to those organizations listed in Subpart (A). La. C.Cr.P. Art. 973(C).
Lastly this week, what is an expungement going to cost?
Louisiana Code of Criminal Procedure establishes a limit of $550 in fees that can be charged by the Court for processing an expungement. Those are broken down as follows: The Louisiana Bureau of Criminal Identification and Information may charge a processing fee of $250; the Sheriff may charge a processing fee of $50; the District Attorney may charge a processing fee of $50; and the Clerk of Court may charge a processing fee of $200. La C.Cr.P. Art. 983(A) & (B). If the individual applying for an expungement may obtain a fee waiver if she has (1) no felony convictions, (2) no pending felony charges, and at least one of the following:
The applicant was acquitted, after trial, of all charges derived from the arrest, including any lesser and included offense;
The district attorney consents, and the case was dismissed or the district attorney declined to prosecute (unless the applicant participated in pre-trial diversion);
The applicant was arrested and not prosecuted within the time limitations and did not participate in a pretrial diversion program; or
The applicant was determined to be a victim of certain crimes of identity theft.
La C.Cr.P. Art. 983(F). An applicant is also exempt from filing fees if he was determined to be factually innocent and entitled to compensation pursuant to La. R.S. 15:578 or if he has been granted a pardon (not a first offender pardon). La. C.Cr.P. Art. 983(I) & (J).
Finally, the fees are reduced for those applying for expungement pursuant to the special first offense marijuana provision to $300. La C.Cr.P. Art. 983(M).
If you or someone you know would like to schedule a consultation about expungements, give us a call at (318) 459-9111.