On what the order does, the Louisiana text is La. Code Crim. Proc. art. 973. Read it for what a granted order changes. The statute says: “A. 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 except for the following: (1) To a member of a law enforcement or criminal justice agency or…”
The petition and the sections next to it
Read La. Code Crim. Proc. art. 987 when the issue is motion to set aside conviction and dismiss prosecution; rule to show cause; order of dismissal forms to be used. The statute says: “STATE OF LOUISIANA JUDICIAL DISTRICT FOR THE PARISH OF ______________________________ No.: _____________ Division: '_______' State of Louisiana vs.”
Read La. Code Crim. Proc. art. 978 when the issue is motion to expunge record of arrest and conviction of a felony offense. The statute says: “A. Except as provided in Paragraph B of this Article, a person may file a motion to expunge his record of arrest and conviction of a felony offense if any of the following apply: (1) The conviction was set aside and the prosecution was dismissed pursuant to Article 893(E).”
La. Code Crim. Proc. art. 998 deals with motion for expungement form to be used for certain misdemeanor convictions. The statute says: “STATE OF LOUISIANA JUDICIAL DISTRICT FOR THE PARISH OF ______________________________ No.: _____________Division: '_______' State of Louisiana vs.”
Louisiana uses La. Code Crim. Proc. art. 977 for motion to expunge a record of arrest and conviction of a misdemeanor offense. The statute says: “A. A person may file a motion to expunge his record of arrest and conviction of a misdemeanor offense if either of the following apply: (1) The conviction was set aside and the prosecution was dismissed pursuant to Article 894(B) of this Code.”
Read La. Code Crim. Proc. art. 992 when the issue is order of expungement form to be used. The statute says: “STATE OF LOUISIANA JUDICIAL DISTRICT FOR THE PARISH OF ______________________________ No.: ____________ Division: '_______' State of Louisiana vs.”
What the courts have done
State v. Comardelle, 942 So. 2d 1126 (2006) is worth reading in full. The opinion puts it this way: “In August 2005, defendant filed a pro se motion to set aside the conviction and to dismiss the prosecution for possession of GHB.”
State of Louisiana v. A.R.W., 242 So. 3d 648 (2018) is worth reading in full. The opinion puts it this way: “Thereafter, on November 24, 2017, the district court signed a judgment setting aside the conviction and dismissing the prosecution for purposes of expungement.”
State of Louisiana v. Brady T. Flynn, 249 So. 3d 834 (2018) is worth reading in full. The opinion puts it this way: “Flynn filed a motion for expungement, and a motion to set aside the conviction and dismiss the prosecution on August 18, 2016.”
Before you file
- Open La. Code Crim. Proc. art. 973 and read the part on what the order does. Everything else in the filing has to fit that section.
- Use La. Code Crim. Proc. art. 978 for the mechanics. It is motion to expunge record of arrest and conviction of a felony offense, which is not the same question as whether the record qualifies.
- Then read State v. Comardelle, 942 So. 2d 1126 (2006). That is a Louisiana court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Louisiana?
Louisiana uses La. Code Crim. Proc. art. 973 for what the order does. Read it for what a granted order changes. The statute says: “A. 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 except for the following: (1) To a member of a law enforcement or criminal justice agency or…”
What does a Louisiana petition have to contain?
Louisiana uses La. Code Crim. Proc. art. 978 for motion to expunge record of arrest and conviction of a felony offense. The statute says: “A. Except as provided in Paragraph B of this Article, a person may file a motion to expunge his record of arrest and conviction of a felony offense if any of the following apply: (1) The conviction was set aside and the prosecution was dismissed pursuant to Article 893(E).”
How have Louisiana courts ruled on expungement?
State v. Comardelle, 942 So. 2d 1126 (2006) “In August 2005, defendant filed a pro se motion to set aside the conviction and to dismiss the prosecution for possession of GHB.”
Louisiana clerks still control the form and the fee. La. Code Crim. Proc. art. 973 is the statewide rule on who may ask and what the order does.