What does an expungement do?

Louisiana Code of Criminal Procedure Article 973 states that:  “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. CCrP Art. 973(A)) The effect of an expungement in Louisiana is to remove the record of an arrest from public access. It also allows an individual who has expunged his record to refuse to disclose the fact of an arrest under many circumstances.

There are some exceptions to the rules regarding disclosure after an expungement; however.

• Law enforcement and prosecutors may access the records;

• A court may order the release of the records after a hearing in which the party asking for the records to be released shows “good cause”;

• The individual whose record has been expunged may access the records;

• Multiple and various state agencies and licensing boards may access the records, including:

  • 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 Social Work Examiners;

  • The Louisiana State Board of Examiners of Psychologists;

  • The Louisiana Board of Pharmacy;

  • The Emergency Medical Services Certification Commission;

  • Louisiana Attorney Disciplinary Board;'

  • The Louisiana Supreme Court Committee on Bar Admissions;

  • The Louisiana Sate Board of Chiropractic Examiners;

  • and additional agencies who oversee individuals who care for children.

In general, an expungement will allow an individual to not disclose an arrest for most purposes and to deny any arrest or conviction unless an exception applies.