Louisiana Expungement Laws: Eligibility, Costs, and How to Clear Your Record

Louisiana allows eligible individuals to expunge arrest records and certain convictions under Louisiana Code of Criminal Procedure (CCP) Articles 976 through 995, primarily through a court petition process with a standard cost cap of $550. A 2023-enacted automated pathway (CCP Art. 985.2) is designed to eventually remove the need for a court petition on qualifying records, but it takes effect only upon legislative funding and, as of this writing, the Louisiana State Police's own public guidance still describes only the traditional petition process.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers Louisiana state expungement law only. For a nationwide comparison, see Expungement Laws by State.

Who Qualifies: Arrests Without a Conviction

Under CCP Art. 976, any person arrested for a felony or misdemeanor offense that did not result in a conviction may petition to expunge that arrest record. There is no mandatory waiting period for non-conviction expungements. Qualifying circumstances include: the district attorney declined to prosecute; prosecution was not begun within the limitations period; charges were dismissed; a motion to quash was sustained; or the person was acquitted at trial. A person who completed a pretrial diversion program for most offenses also qualifies, though a specific restriction applies to DWI pretrial diversion: that arrest record cannot be expunged until five years have elapsed from the date of arrest (CCP Art. 976(B)). Applicants who received a judicial finding of factual innocence qualify immediately and are not charged the standard processing fees.

Expunging a Misdemeanor Conviction (CCP Art. 977)

A misdemeanor conviction becomes eligible for expungement when the conviction was set aside and the prosecution dismissed under CCP Art. 894(B), or when more than five years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole. During that five-year window, the applicant must have no felony conviction and no pending felony charge. The motion must include a certification from the district attorney confirming eligibility. Three categories of misdemeanor convictions are excluded regardless of the waiting period: sex offenses as defined in R.S. 15:541, domestic abuse battery, and stalking under R.S. 14:40.2. A notable exception benefits people convicted of first-offense simple marijuana possession: they may seek expungement after just 90 days from the date of conviction (CCP Art. 977).

For a misdemeanor DWI conviction, the five-year timeline applies, but the expunged record remains accessible to courts and law enforcement and can still serve as a prior offense for enhanced sentencing. Two points are widely misunderstood here. First, the ten-year DWI cleansing period is not measured from the expungement: under R.S. 14:98(C)(3) an earlier conviction is disregarded only if it was committed more than ten years before the commission of the offense being tried, and that period excludes time the offender spent awaiting trial, under an order of attachment for failure to appear, on probation or parole, or incarcerated. That calculation runs the same way whether or not the record was ever expunged. Second, CCP Art. 973(E) itself places no expiration on the use of an expunged record as a predicate offense or under the Habitual Offender Law.

Expunging a Felony Conviction (CCP Art. 978)

Felony expungement in Louisiana requires satisfying one of three grounds under CCP Art. 978(A): the conviction was set aside and dismissed under CCP Art. 893(E); more than ten years have elapsed since the person completed any sentence, deferred adjudication, or probation or parole, with no other criminal conviction and no pending criminal charge during that period; or the person is entitled to a first offender pardon under Louisiana Constitution Article IV, Section 5(E)(1). The ten-year pathway requires a district attorney certification confirming the clean record. Importantly, the 2020 legislative session repealed the former requirement that no felony had been expunged in the preceding 15 years; CCP Art. 978(F) now states that a person may have more than one eligible felony conviction expunged within a ten-year period.

CCP Art. 978(B) bars expungement for: any crime of violence defined in R.S. 14:2(B), unless the Art. 978(E) exception applies; any sex offense or offense against a minor as defined in R.S. 15:541; most offenses under the Uniform Controlled Dangerous Substances Law, except for possession convictions under R.S. 40:966(C), 967(C), 968(C), 969(C), or 970(C), possession with intent to distribute, a CDSL violation punishable by five years or less, a CDSL conviction eligible for expungement under Art. 893(E), or a first-offender pardon case; and domestic abuse battery. Under CCP Art. 978(E), a court may grant expungement after a contradictory hearing for six specific violent offenses: aggravated battery, second degree battery, aggravated criminal damage to property, simple robbery, purse snatching, and illegal use of weapons or dangerous instrumentalities, provided ten years have passed since sentence completion and the applicant has no other criminal conviction during that period.

The Expungement Process and the Role of BCII

Louisiana provides two parallel routes for expungement. Under the traditional petition route, the applicant files a motion in the parish where the arrest or conviction occurred (CCP Art. 979). The filing package must include the motion and order, dispositional documents, a district attorney certification, and fee payments. The clerk of court collects all fees at filing and distributes them to the appropriate agencies. An objecting party has 60 days from the date the motion is served to file an affidavit of response stating its reasons, and the court may grant one extension of up to 30 additional days beyond that original 60 days (CCP Art. 980(B) and (C)). If no objection is filed, the court shall grant the expungement. If an objection is filed, a contradictory hearing is held, and the objecting agency must show by a preponderance of evidence why expungement should be denied. Before filing, applicants are encouraged to obtain a "Right to Review" from the Louisiana State Police Bureau of Criminal Identification and Information (BCII), a fingerprint-based background check confirming that the state rap sheet matches the records to be expunged. The BCII is located at 7919 Independence Blvd., Baton Rouge, LA 70806, and accepts submissions Monday through Friday from 7:30 a.m. to 3:30 p.m.

CCP Art. 985.2, enacted by Acts 2023, No. 454, describes a second route: an automated expungement process administered directly by the BCII, under which individuals would submit a request form containing their name, date of birth, the last four digits of their Social Security number, the arrest date, and the case number, triggering three sequential 30-day processing windows (BCII expungement and transmission to the Louisiana Supreme Court Case Management Information System, CMIS notice to district court clerks, and clerk notice to the district attorney, sheriff, and arresting agency). This pathway would cover records with a final disposition dating back to January 1, 2006, across all offense categories eligible under CCP Arts. 976, 977, and 978. However, Art. 985.2 takes effect only upon appropriation of funds by the Legislature, and as of this writing the Louisiana State Police's own public guidance still describes only the traditional petition route above, with no mention of an active automated option. Do not assume this pathway is live; confirm its current status directly with BCII before relying on it instead of filing a petition.

Costs of Expungement (CCP Art. 983)

The total cost of a court-ordered expungement under CCP Art. 983 is capped at $550, allocated as follows: the Louisiana Bureau of Criminal Identification and Information receives $250; the clerk of court receives up to $200; the district attorney receives $50; and the sheriff receives $50. The clerk collects all fees at the time the motion is filed and distributes them immediately. For first-offense misdemeanor marijuana possession, a reduced fee structure capped the total at $300, but that reduced cap expired on August 1, 2026; first-offense marijuana possession expungements are now subject to the standard $550 cap like other misdemeanors, unless the Legislature has since re-extended it. Fee exemptions exist for applicants who were acquitted after trial, had charges dismissed with the consent of the prosecution, were not timely prosecuted, were victims of identity theft, were victims of human trafficking, or completed a juvenile drug court program. Applicants who have never been convicted of a felony may obtain a fee waiver from the district attorney. The $250 payment to the BCII must be submitted as a money order payable to Louisiana State Police; the money order must be unaltered and valid for at least one year.

Effect of Expungement

An expungement under Louisiana law removes the record from public access but does not destroy it (CCP Art. 971(1)). After expungement, an individual may lawfully state on employment applications that the arrest or conviction did not occur. Employers are prohibited from requiring disclosure of expunged records, and private background check companies that disseminate an expunged record after receiving notice of the expungement order face civil liability. Several categories of entities retain access to expunged records under CCP Art. 973(A): law enforcement agencies and prosecutors, on a written certification that the request is for investigating, prosecuting, or enforcing criminal law; a court of competent jurisdiction, on order after a contradictory hearing for good cause shown; and the person himself or his counsel. An expunged conviction may still serve as a predicate offense for recidivism enhancements in a subsequent prosecution, and CCP Art. 973(E) attaches no time limit to that use. Expungement does not terminate sex offender registration obligations, and it does not restore general firearm rights. Because domestic abuse battery convictions are barred from expungement at both the misdemeanor and felony levels under CCP Arts. 977(C)(2) and 978(B)(4), there is no Louisiana expungement that relieves the firearms disability tied to a domestic battery conviction.

Professional licensing works in the opposite direction from what many applicants expect. CCP Art. 973(B) lets certain state licensing and regulatory bodies, including the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, and the Louisiana State Board of Dentistry, obtain an expunged record on written request and on a confidential basis. That is an access right belonging to the board, not a reporting duty imposed on the applicant. Under CCP Art. 973(C), no person whose record of arrest or conviction has been expunged is required to disclose to any person that he was arrested or convicted, or that the record was expunged, except as to the persons and entities listed in Art. 973(A). If a licensing application asks about expunged records, do not assume you must volunteer them; ask a Louisiana criminal defense lawyer how to answer in a free consultation (attorney advertising).

Disclaimer: This article covers Louisiana expungement law as verified on May 29, 2026, based on Louisiana Code of Criminal Procedure Articles 971-995 and related statutes. Laws can change. This article is not legal advice and has not been reviewed by a licensed Louisiana attorney. Consult a licensed Louisiana criminal defense attorney before relying on any of the information here.

Sources

The statutory text and procedural details in this article come directly from the Louisiana State Legislature and the Louisiana State Police.

• CCP Art. 973 - Access to expunged records; disclosure - Louisiana State Legislature
• CCP Art. 976 - Expungement of arrest without conviction - Louisiana State Legislature
• CCP Art. 977 - Expungement of misdemeanor conviction - Louisiana State Legislature
• CCP Art. 978 - Expungement of felony conviction - Louisiana State Legislature
• CCP Art. 980 - Contradictory hearing; time to object - Louisiana State Legislature
• CCP Art. 983 - Costs of expungement; fees; collection - Louisiana State Legislature
• CCP Art. 985.2 - Automated expungement process - Louisiana State Legislature
• R.S. 14:98 - Operating a vehicle while impaired - Louisiana State Legislature
• Expungements - Louisiana State Police Bureau of Criminal Identification and Information - Louisiana State Police
• Order of Expungement of Arrest/Conviction Record (CCP Art. 992) - Louisiana State Legislature

Related Articles

• Expungement Laws by State
• DUI Expungement by State: Which States Allow It
• How to Check If Your Record Has Been Expunged

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Content accurate as of May 29, 2026. Louisiana law is subject to change; verify current statutes at legis.la.gov or consult a licensed Louisiana attorney.

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Frequently Asked Questions

How do you expunge your record in Louisiana?

File a motion to expunge in the parish where the arrest or conviction occurred. Include the motion and order forms, dispositional documents, a district attorney certification, and the required fee payments (total capped at $550). An objecting party has 60 days from service of the motion to object, and the court may allow one extension of up to 30 more days (CCP Art. 980). If no objection is filed, the court issues the order. CCP Art. 985.2 also describes an automated process letting eligible individuals submit a request directly to the Louisiana Bureau of Criminal Identification and Information, covering records back to January 1, 2006, but that article takes effect only upon legislative funding, and BCII's own current public guidance describes only the petition process above. Confirm with BCII whether the automated option is active before relying on it.

How much does expungement cost in Louisiana?

The total cost is capped at $550 under CCP Art. 983. This covers the Louisiana Bureau of Criminal Identification and Information ($250), the clerk of court (up to $200), the district attorney ($50), and the sheriff ($50). A reduced cap of $300 applied to first-offense misdemeanor marijuana possession through August 1, 2026, but that reduced cap has since expired; first-offense marijuana possession expungements are now subject to the standard $550 cap unless the Legislature has re-extended it. Fee exemptions are available for acquittals, dismissed charges, human trafficking victims, and others. Applicants who have never been convicted of a felony may request a fee waiver from the district attorney.

What does Louisiana Code of Criminal Procedure Article 978 say?

CCP Art. 978 governs expungement of felony convictions. It allows expungement when: the conviction was set aside and dismissed under Art. 893(E); more than ten years have passed since sentence completion with no other conviction and no pending charge; or the person qualifies for a first offender pardon. Art. 978(B) bars expungement for crimes of violence, sex offenses, most drug trafficking offenses, and domestic abuse battery. Art. 978(E) creates a narrow exception allowing expungement of six specified violent offenses after a contradictory hearing and a ten-year clean period.

Can a felony be expunged in Louisiana?

Yes, certain felonies can be expunged. The conviction must not appear on the excluded-offense list in CCP Art. 978(B), and more than ten years must have elapsed since the completion of any sentence, probation, or parole with no other convictions and no pending charges during that period. Alternatively, expungement is available immediately if the conviction was set aside under Art. 893(E) or the person is entitled to a first offender pardon. Felonies categorized as crimes of violence, sex offenses, most drug trafficking, and domestic abuse battery are barred.

How long does it take to expunge a record in Louisiana?

Under the court petition process, an objecting party has 60 days from the date the motion is served to file an objection, and the court may grant one extension of no more than 30 additional days beyond that period (CCP Art. 980(C)). The maximum objection window is therefore 90 days, not 120. If no objection is filed, the court issues the order. Once the order is signed, the BCII and other agencies complete the expungement. CCP Art. 985.2 describes an automated process with three sequential 30-day windows (BCII processing, Supreme Court Case Management Information System notice to district court clerks, and clerk notice to the district attorney and other agencies), but that article is contingent on legislative funding and BCII's own current guidance does not describe it as active. Confirm with BCII before assuming this timeline applies to you.

Is a DWI expungement possible in Louisiana?

A first-offense misdemeanor DWI conviction may be eligible for expungement under CCP Art. 977 after five years from the completion of sentence, probation, or parole, provided no felony conviction occurred during that period and no felony is pending. If the DWI was handled under CCP Art. 894 with a suspended sentence and the defendant completed probation, the conviction can be set aside and dismissed, allowing earlier expungement. Even after expungement, the record remains accessible to courts and law enforcement and can be used as a prior offense, and CCP Art. 973(E) sets no time limit on that use. The ten-year DWI cleansing period in R.S. 14:98(C)(3) is not measured from the expungement: it runs from the commission of the earlier offense to the commission of the new offense being tried, excluding time spent awaiting trial, under an order of attachment, on probation or parole, or incarcerated.

What records cannot be expunged in Louisiana?

Crimes of violence defined in R.S. 14:2(B) are generally ineligible, with six exceptions listed in CCP Art. 978(E). Sex offenses and crimes against minors under R.S. 15:541 are barred. Most felony drug trafficking offenses under the Uniform Controlled Dangerous Substances Law are excluded. Domestic abuse battery and stalking convictions are excluded at both the misdemeanor and felony levels. Second and subsequent DWI convictions face additional restrictions.

What is the Louisiana Bureau of Criminal Identification and Information's role in expungements?

The BCII, a division of the Louisiana State Police, maintains the state criminal repository. Under the traditional petition process, BCII receives the court's expungement order and removes the record from the public database. Acts 2023, No. 454 (CCP Art. 985.2) describes an automated process under which BCII would identify eligible records, process individual requests, expunge eligible records within 30 days of receiving a request, and transmit records to the Louisiana Supreme Court Case Management Information System for two additional 30-day notice windows, but that article takes effect only upon legislative appropriation and BCII's current public guidance does not describe it as operating. BCII is also the source of the fingerprint-based Right to Review that applicants obtain before filing a petition.