Overview Description

Records relating to a case for which the person is entitled to a first-offender pardon can be expunged by the court immediately. La. C.Cr.P.Art. 978(A)(3).

Ineligible Category or Citation

See section 978(B) for offenses ineligible for expungement.

Procedure General

The petition must be filed in the district court. For specific procedure, see La. C.Cr.P. Art. 978 et seq.

A person may receive only one felony expungement during a 15-year period. La. C.Cr.P. Art. 978(D).
If the records relate to a conviction for operating a vehicle while intoxicated, a certified letter from the Department of Public Safety and Correction, office of motor vehicles, must be submitted with the petition. La. C.Cr.P. Art. 984(A).

Fees

Up to $550. An additional $50 is charged for petitions to expunge convictions of operating a vehicle while intoxicated. A person may proceed in forma pauperis in accordance with the provisions for waiver of court costs for indigent parties in civil matters. La. C.Cr.P. Art. 983(H), 984.

Effect

The record is confidential and no longer public, but expungement does not limit news media's use of an expunged record. It is made available only to persons and entities specified in La. C.Cr.P. Art. 973. The person is not required to disclose the arrest or expungement. La. C.Cr.P. Art. 972, 973.

Forms

Expungement forms can be found here.

Waiting Periods

The petition can be filed immediately after sentence completion.

(non-prod server)