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The greatest crime of all is a wasted life

Louisiana State Resources

 

Only a few individuals are eligible for expungement in Louisiana.


Juveniles over the age of seventeen who have criminal charges that did not result in adjudication may apply for expungement petitioning.  A juvenile's misdemeanor adjudication records may be erased if two or more years have passed since he or she satisfied all judgments against him and her.


Juvenile records in relation to felony adjudication can be expunged if the adjudication was not for manslaughter, murder, any sex crime, armed robbery, or kidnapping. Five or more years must have passed since he or she satisfied all conditions in relation to the judgment before he or she can petition. The individual can also not have any criminal court felony convictions or convictions for misdemeanors involving a deadly weapon and cannot have any outstanding bill of information or indictment against him or her.

Adult misdemeanor charges may be expunged if the time limit for prosecution has expired and for felony charges if the prosecutor declines to prosecute.  No offenses in relation to drug crimes may be expunged.


The Louisiana Revised Statute Title 44 Section 9 sets forth the guidelines and rules that regulate motions for the expungement of arrest and/or conviction records which are public information and maintained by law enforcement and criminal justice agencies.


Furthermore, it establishes which defendants may obtain the expungement or destruction of what arrest and/or conviction records, when and under what circumstances pursuant to the Public Records Law.


An expungement removes specific records from public access. However, only the public will be forbidden from obtaining information regarding arrests; all law enforcement agencies will maintain confidential, non-public access to these records.


Therefore, an expungement does not affect the collection and processing of criminal history record information by the Louisiana Department of Public Safety & Corrections or the Louisiana Bureau of Criminal Identification Information, nor does it affect the non-public dissemination of such information to any court, criminal justice agency or law enforcement agency involved in the detection, investigation, apprehension, prosecution, sentencing, confinement, release, or rehabilitation of criminal offenders.


Expungement of Arrest Records:


Defendants that PLEAD "NOT GUILTY" may seek to have an expungement of the arrest record if:


1.) the charges were dismissed;
2.) there was an acquittal, he was found not guilty of the charges, or
3.) the charges were not prosecuted.


The preceding establishes the general rule that the law of Louisiana only permits arrest records to be expunged, not convictions.


Expungement of Conviction Records:


The exception to the general rule is that a conviction may be expunged whenever there is a C.CrP. Art. 893 dismissal of a felony conviction or a C.Cr.P. Art. 894 dismissal of a misdemeanor conviction.


Defendants that PLEAD "GUILTY" to the charges and thus are found guilty and convicted are not entitled to petition the court for an expungement of the arrest and conviction record unless there is an:


1.) 893 dismissal of the felony conviction granted by the court, or
2.) 894 dismissal of the misdemeanor conviction granted by the court.


Therefore, a defendant that PLEADS "GUILTY" is not entitled to an expungement request in the absence of an Article 893 or 894 dismissal.


However, if such a defendant wishes to seek an expungement of a conviction in which there was not dismissal, he would be advised to first obtain an Article 893 or 894 dismissal of the conviction in order to be entitled to make an expungement request.



Links:


     Statewide Forms & Instructions:


Southeast Louisiana Legal Services: Criminal Record Expungements in Louisiana


How to Expunge a Criminal a Criminal Record in Louisiana: eHow Article


How Do I File for an Expungement in Louisiana?: eHow Article


Application for Clemency


Expungement Statute: R.S. 44:9


Criminal Records Dept. Form #19: Expungement Form


Justice and Accountability Center of Louisiana: Expungements in Louisiana, Your Questions Answered


Review and Application of the Louisiana Expungement Statute (Revised 2011)


How Do I File for an Expungement in Louisiana? YouTube Video



     Local Forms & Instructions:


Avoyelles Parish District Attorney: Expungement of Criminal Records


Baton Rouge City Court: Article 894 Guidelines



Beauregard Parish Clerk of the Court: Expungements


Caddo Parish Clerk of the Court: Expungement Procedures


Calcasieu Parish Clerk of the Court: Expungements


Calcasiue Parish: Motion of Judgment of Acquittal and for Expungement


Calcasiue Parish: Motion for Expungement


East Baton Rouge Parish Clerk of the Court: Instructions for Filing an Expungement


Jefferson Parish Clerk of the Court: Criminal Record Expungement Procedure, Instructions and Fees


Jefferson Parish Clerk of the Court: Juvenile Expungement Information Sheet


Plaquemines Parish: Expungement of Criminal Records


St. John the Baptist Parish: Motion for Expungement of Misdemeanor Record


Shreveport: Expungement Forms & Instructions


Tangipahoa Parish: Motion for Expungement of Record


Terrebonne Parish Clerk of the Court: Expungement Information & Checklist


News Articles: Click Here



Other Legal Resources:


Collateral Consequences of a Criminal Conviction in Louisiana


Review and Application of the Louisiana Expungement Statute


Voice of the Ex-Offendeer (VOTE.NOLA) is a grassroots, membership based organization founded and run by Formerly Incarcerated Persons in partnership with allies dedicated to ending the disenfranchisement and discrimination against of FIPs.


Safe Streets/Strong Communities is a community-based organization that campaigns for a new criminal justice system in New Orleans, one that creates safe streets and strong communities for everyone, regardless of race or economic status.


Innocence Project New Orleans (IPNO) is a nonprofit law office that represents innocent prisoners serving life sentences in Louisiana and Mississippi, and assists them with their transition into the free world upon their release.


Resurrection After Exoneration promotes reform-minded leadership among those who have been imprisoned by assisting them during their transition process to ensure a successful reentry, and by empowering exonerees to confront and reform the system that victimized them.


Families and Friends of Louisiana’s Incarcerated Children is a statewide membership-based organization that fights for a better life for all of Louisiana’s youth, especially those involved in or targeted by the juvenile justice system.


Juvenile Justice Project of Louisiana has three key program objectives: to reduce the number of children in secure care and abolish unconstitutional conditions of confinement by improving or, when necessary, shutting down institutions that continue to inhumanely treat children; to expand evidence-based alternatives to incarceration and detention for youth; and to build the power of those most impacted by the juvenile justice system.


Youth Empowerment Project operates the Community Reintegration Program for juvenile offenders returning from detention facilities, and remains the only juvenile re-entry program in the New Orleans region.


Juvenile Regional Services provides high-quality, zealous, holistic, team-based legal representation to indigent youth in New Orleans and throughout the Louisiana juvenile justice system.


The mission of Women With A Vision is to improve the lives of marginalized women, their families, and communities by addressing the social conditions that hinder their health and well-being. We accomplish this through relentless advocacy, health education, supportive services, and community-based participatory research.


The Louisiana Justice Institute is a nonprofit, civil rights legal advocacy organization, devoted to fostering social justice campaigns across Louisiana for communities of color and for impoverished communities.


The Praxis Project is a national, nonprofit organization that builds partnerships with local groups to influence policymaking to address the underlying, systemic causes of community problems. 


The Louis A. Martinet Legal Society was formed to combat the racial injustices and inequalities that existed in the 1950's. It was during this tumultuous time that Jim Crow dominated every aspect of African-American life and African-American attorneys were barred from participating in the mainstream of the nation's legal profession. They organized not only for professional support, but to focus their skills and training to combat Jim Crow not just in the streets, but in the courtrooms as well.


The mission of Silence is Violence is to call upon both citizens and public officials to achieve a safe New Orleans across all communities. It engages youth in positive expression and actions to counter the culture of violence. It demands respect for every life, and justice for every citizen in our city. 


The New Orleans Workers’ Center for Racial Justice is dedicated to organizing workers across race and industry to build the power and participation of workers and communities. They organize day laborers, guestworkers, and homeless residents to build movement for dignity and rights in the post-Katrina landscape.