Expungement of Misdemeanor Convictions & Interim Expungements
An individual convicted of a misdemeanor may expunge his arrest record under the following circumstances:
The conviction was set aside and the prosecution was dismissed pursuant to Article 894(B) of this Code.
More than five years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole, and the person has not been convicted of any felony offense during the five-year period, and has no felony charge pending against him.
La C.Cr.P. Art. 977(A).'
In 2023, the legislature also added a special provision for first offense possession of marijuana convictions, which allows for the expungement of that arrest record after 90 days from the date of conviction. La. C.Cr.P. Art. 977(D).
There are, as always, exceptions. “No person shall be entitled to expungement of a record under any of the following circumstances:”
The misdemeanor conviction arose from circumstances involving or is the result of an arrest for a sex offense as defined in R.S. 15:541, except that an interim expungement shall be available as authorized by the provisions of Article 985.1 of this Code.
The misdemeanor conviction was for domestic abuse battery.
The misdemeanor conviction was for stalking (R.S. 14:40.2).
La. C.Cr.P. Art. 977(C).
An interim expungement, as referenced in (C)(1), above, is permissible when an individual is arrested for a felony offense, but convicted of a misdemeanor. This only allows the felony arrest record to be expunged, while maintaining the misdemeanor record. La. C.Cr.P. Art. 985.1(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.