Records relating to a misdemeanor case dismissed following successful completion of deferred-sentence probation can be expunged by the court immediately. La. C.Cr.P. Art. 977(A)(2).
Ineligible Category or Citation
See La. C.Cr.P. Art. 894 and La. R.S. § 13:5304 for deferred adjudication eligibility criteria. See La. C.Cr.P. Art. 977(C) for offenses ineligible for expungement.
At the conclusion of a period of deferral, the court can set the conviction aside and dismiss the prosecution if the defendant has not been convicted of any other offense and no criminal charges are pending. La. C.Cr.P. Art. 894(B)(1). Thereafter, the petition must be filed in the district court to expunge the record. For the specific procedure, see La. C.Cr.P. Art. 977 et seq.
General expungement fees may be up to $550. La. C.Cr.P. Art. 983. An additional $50 is charged for petitions to expunge convictions of operating a vehicle while intoxicated. La. C.Cr.P. Art. 984. 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).
The record is confidential and no longer public, but expungement does not limit the news media's use of the 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.