Expungement of arrests that did not result in convictions
Louisiana Code of Criminal Procedure Article 976 states that a person may file for an expungement of a felony or misdemeanor offense that did not result in a conviction in the following circumstances:
The person was not prosecuted for the offense for which he was arrested, and the limitations on the institution of prosecution have barred the prosecution for that offense.
The district attorney for any reason declined to prosecute any offense arising out of that arrest, including the reason that the person successfully completed a pretrial diversion program.
Prosecution was instituted and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.
Th person was judicially determined to be factually innocent and entitled to compensation of ra wrongful condition pursuant to the provisions of R.S. 15:572.8.
La. C.Cr.P. Art. 976(A).
But wait! There is an exception: no person who has participated in a pretrial diversion program for a charge of Driving While Intoxicated may expunge his arrest until 5 years have passed from the date of his arrest. La. C.Cr.P. Art. 976(B).
If you or someone you know would like to schedule a consultation about expungements, give us a call at (318) 459-9111.