Sealing and Expunging Criminal Records in Louisiana

In Louisiana, a criminal record is public information. As such, anyone may look up criminal records in the state. However, having criminal history information may sometimes make it harder for ex-offenders to seek housing or employment. Louisiana state laws provide such individuals with the opportunity to restrict these records from public disclosure. Anyone directly affected by a damaging criminal record may apply to have it removed from public access.

The Difference Between Sealing and Expunging Criminal Records in Louisiana

Sealing and expunging criminal records in Louisiana mean two different things. While sealing a record refers to restricting access to only eligible persons, these records still have legal and administrative value. Expungement refers to the complete deletion of criminal records from the legal system. Although an expunged record may maintain its administrative value, it has no legal weight.

While an involved individual has a right to claim innocence of a criminal past, state licensing boards such as those for social work, child care, law, financial positions, and healthcare may generally still see expunged records. They are also available to Law enforcement agencies upon a written request. However, private agencies and employers wishing to view them must show good cause or get a court order to access them.

How to Seal a Criminal Record in Louisiana

Louisiana state laws provide sealing options only for juvenile records. Juvenile records are under seal by law and are accessible only by eligible persons or with a court order. There are no provisions for the sealing of adult criminal records in Louisiana.

What Crimes May Be Expunged in Louisiana?

The crimes eligible for expungement in Louisiana include dismissals, acquittals, and non-convictions. The court grants expungement provided that the affected individual has met the following requirements:

• There are no pending convictions aside from minor traffic citations
• There are no pending investigations
• The individual has paid all fines and restitution
• The waiting period is complete

The waiting period for misdemeanors is five years. Misdemeanor convictions attract 15 years of waiting, while DUI convictions attract ten years of waiting. Felony convictions must wait for 15 years.

The following do not qualify for expungement in Louisiana:

• Violent crimes
• All sex crimes
• Distribution of dangerous controlled substances
• The misdemeanor offense of domestic abuse
• The misdemeanor offense of stalking
• Crimes against minors

Can a Felony be Expunged in Louisiana?

Louisiana law allows certain felony convictions to be expunged, provided certain qualifying conditions are met. Under La. Code Crim. Proc. art. 978, an individual may petition the court to restrict public access to their felony record if:

• The conviction has been set aside and dismissed under Article 893(E) after successful completion of probation or sentence.
• At least 10 years have passed since completing the sentence, parole, or probation, with no subsequent convictions for felonies or misdemeanors.
• The person received a First Offender Pardon, and the offense is not excluded under Article 978.

Expungement is not available for:

• Crimes of violence as defined in Louisiana Revised Statutes §14:2(B).
• Sex offenses, including crimes against children,
• Certain drug trafficking and distribution crimes.

Even when the requirements are met, expungement is not guaranteed. Judges consider rehabilitation, the seriousness of the offense, and public safety. Therefore, individuals may need to provide evidence of good conduct. Courts may also deny expungement if the district attorney objects, and if the grounds of the objection far outweigh the good that could arise from expungement of the record.

How to Expunge Criminal Records in Louisiana

Persons seeking expungements may begin the process by filling out multiple forms. Applicants are advised to visit the Louisiana Clerk of Court Association and locate the Expungement Forms Index. Requestors may also find them at the Law Library of Louisiana. Generally, the requesting party must complete and prepare all necessary documents, and then contact the local courthouse clerk with current jurisdiction on the case for further information.

Subsequently, the requester must file the petition, including all required documents and forms, with the court clerk. As well as get a copy of the criminal record from the State of Louisiana within 30 days of filing the petition. Also, they must pay the required expungement fee of $550. Some cases may require more, bringing it to $700. Fees are not waivable unless the petitioner qualifies for a fee waiver.

Fee waivers are available to individuals with no other convictions in the US, no pending felony charges, or non-conviction cases. Fill out and submit the Certification for Fee Waiver Form to the local District Attorney (DA). The DA must consent to the waiver. Submit this consent along with the petition for expungement.

It takes about 60 days to get a response after filing. For persons who qualify, they may not get a hearing. It would require waiting for another 30 to 60 days to receive a certificate of compliance from the Louisiana State Police. The certificate of compliance means that the expungement was successful. If there are objections to eligibility, then there will typically be a court hearing. Upon approval of the petition, the requester must notify all private background check companies in the United States about the expungement. Louisiana law requires that a certified copy of the expungement order be sent using certified mail to each background check company. Upon receiving it, the company is obliged to decline any request to release an expunged record.

Do Sealed Records Show up In Louisiana Background Checks?

Adult criminal records in Louisiana generally do not get a sealing approval unless state statutes seal the record. If the state’s laws seal certain information in criminal records, it is typically invisible in background checks.

Who may See Sealed Criminal Records in Louisiana?

Generally, court authorities and law enforcement agencies may view sealed criminal records. Also, the parties named in the record, their attorneys, and any other person or agency with a court order may view sealed records in Louisiana. This law does not apply to juvenile records. Here, they are entirely unavailable except on court order.

How may I Get My Record Expunged for Free in Louisiana?

The expungement process is not free. Filing for expungement in Louisiana usually requires payment of fees. According to the Louisiana State Police Expungement Division, the cost is typically $550:

• $250 to the Louisiana State Police,
• $200 to the Clerk of Court,
• $50 each to the District Attorney and the arresting agency.

However, some individuals may qualify for reduced costs or fee waivers if:

• Charges were dismissed or not prosecuted; individuals may request an expedited expungement under Article 999 without paying full fees.
• Convicted but granted a deferred sentence under Article 893(E), filing fees may be reduced after successful completion of probation.
• Beginning January 1, 2025, new legislation removes filing fees in certain expungement cases to increase access for low-income residents.

Information Needed for Filing:

• Full name, date of birth, and arrest details,
• Case number and parish of conviction,
• Proof of completion of all sentence requirements,
• Clearance certificate from the Louisiana State Police Criminal History Records.

How To Get Sealed Records In Louisiana

There are two ways to get sealed records in Louisiana. The first is to wait out the validity period of the seal. In other words, records under seal become available to the public after a certain period. It varies from record to record. In some cases, the court places a record under seal for the lifetime of the parties involved. In such a case, only an alternative route may provide access, this being a formal notice of consent from the bearer of the record. Unless the person is eligible by default, they must petition the court to obtain the release of the document. The court reviews the petition in a hearing and decides, based on the law’s guidelines, whether the petition is credible. The judge decides if a court order should be issued. Common reasons for requesting access to a sealed record are if there is a pending investigation or if the requester may prove by law that the record does not qualify for sealing.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that may be used for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.