Expungement Law Changes - 2022 Legislative Session

Effective May 26, 2022, the legislature amended Louisiana Code of Criminal Procedure Article 983 to allow for a district attorney to certify that an applicant for expungement was a victim of human trafficking and that the offense for which the expungement is sought was committed, in substantial part, as the result of that status as a victim of human trafficking. The applicant must establish by a preponderance of the evidence that they are the victim of human trafficking to obtain the certification (in accordance with La. R.S. 14:46.2) but, once obtained, the certification will serve as prima facie proof within all other Louisiana jurisdictions that during the time period the applicant was a victim of human trafficking, that all other offenses were as a result of their status as a victim of human trafficking.

If the applicant obtains this certification, all waiting periods for expungement are waived, and the applicant shall not be required to pay any fees for the expungement.

Effective August 1, 2022, applicants for expungement who are factually innocent and entitled to compensation for wrongful conviction pursuant to La. R.S. 15:572.8 are exempt from filing fees for obtaining an expungement for that record.

Further, an applicant who has received a pardon shall also be exempt from the filing fees, unless it was a first offender pardon.

If you or someone you know has questions about obtaining an expungement of an arrest record, call us at (318) 459-9111 to schedule a consultation.