Motion to expunge an arrest that did not result in a conviction (La. C.Cr.P. art. 976) in Louisiana: which records can be cleared
What Louisiana law lets you clear, record by record.
Checked against official sources: October 25, 2026.
Short answer
In Louisiana it is called expungement: an expunged arrest or conviction is removed from public access and becomes confidential; it is not destroyed. Some misdemeanor and felony convictions may be cleared, but Louisiana does not clear records automatically: you ask for it.
- Main remedy
- Motion to expunge an arrest that did not result in a conviction (La. C.Cr.P. art. 976)
- What it covers
- Felony or misdemeanor arrests where you were not prosecuted and the time to prosecute has run out, the district attorney declined to prosecute (including after pretrial diversion), the case was dismissed or quashed, or you were acquitted; also people found factually innocent.
- Ways to clear a record
- 4
- Automatic relief
- No
Which records can be cleared in Louisiana
Expungement — In Louisiana, an expunged arrest or conviction is removed from public access and becomes confidential; it is not destroyed. Police, prosecutors, courts and some licensing boards can still see it, and it can still be used if you are charged with a new crime.
Louisiana has 4 ways to clear a record. Each covers different records and has its own waiting period.
Motion to expunge an arrest that did not result in a conviction (La. C.Cr.P. art. 976)
Felony or misdemeanor arrests where you were not prosecuted and the time to prosecute has run out, the district attorney declined to prosecute (including after pretrial diversion), the case was dismissed or quashed, or you were acquitted; also people found factually innocent.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Dismissal, acquittal, refusal to prosecute | No waiting period You can file once the case is over; there is no extra waiting period. | The end of the case |
DWI arrest with pretrial diversion | 5 years If you were placed in pretrial diversion for a DWI arrest, you must wait 5 years from the arrest. | The date of arrest |
- Not eligible
- You cannot file while serving a hard-labor sentence in state custody.
Law: La. C.Cr.P. arts. 975, 976, 978.1, 979, 983; art. 975
Source: Official text
Motion to expunge a misdemeanor arrest and conviction (La. C.Cr.P. art. 977)
Misdemeanor convictions, including convictions set aside after a deferred sentence under art. 894(B).
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor set aside and dismissed under art. 894(B) | No waiting period You can file once the court sets aside the conviction and dismisses the prosecution. | The set-aside and dismissal |
Misdemeanor conviction | 5 years More than 5 years must pass after you finish your sentence, with no felony conviction in that time and no felony charge pending. | Completion of any sentence, deferred adjudication, probation or parole |
First-offense marijuana / THC possession misdemeanor | See the rule You can file 90 days after the conviction. | The date of conviction |
- Not eligible
- Misdemeanors arising from a sex-offense arrest; domestic abuse battery; stalking.
Law: La. C.Cr.P. arts. 977, 983, 984
Source: Official text
Motion to expunge a felony arrest and conviction (La. C.Cr.P. art. 978)
Felony convictions set aside after a deferred sentence under art. 893(E); other felonies after 10 crime-free years; felonies eligible for a first offender pardon (non-violent, non-sex); certain listed violent felonies after a hearing.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Felony set aside and dismissed under art. 893(E) | No waiting period You can file once the conviction is set aside and the case dismissed. | The set-aside and dismissal |
Felony conviction | 10 years More than 10 years must pass after you finish your sentence, with no other conviction in that time and no charge pending. | Completion of any sentence, deferred adjudication, probation or parole |
Aggravated battery, second degree battery, aggravated criminal damage, simple robbery, purse snatching, illegal use of weapons | 10 years After 10 crime-free years, the court may expunge these violent offenses after a contradictory hearing. | Completion of any sentence, deferred adjudication, probation or parole |
- Not eligible
- Other crimes of violence; sex offenses and offenses against a minor victim; domestic abuse battery; drug law violations except simple possession, possession with intent to distribute, drug offenses punishable by 5 years or less, and drug convictions set aside under art. 893(E) or eligible for a first offender pardon.
- Limits
- More than one felony can be expunged in a 10-year period if each one qualifies.
Law: La. C.Cr.P. arts. 978, 978.1, 983; R.S. 14:2(B); art. 978(F)
Source: Official text
Immediate expungement after probation or alternative sentencing (La. C.Cr.P. art. 985.3)
The arrest and conviction that led to court-ordered probation or an alternative sentencing program, for people otherwise eligible for expungement.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Successful completion of court-ordered probation or program | No waiting period The judge may order the record expunged right away when you finish probation or the program. | Successful completion |
Law: La. C.Cr.P. art. 985.3
Source: Official text
Records Louisiana clears on its own
Louisiana does not clear records automatically. To clear a record, you ask for it.
The law tells the State Police Bureau of Criminal Identification and Information to identify records with final dispositions that qualify under arts. 976-978. Beginning January 1, 2025, you may submit a short request (name, date of birth, last 4 digits of your SSN, arrest date, case number); within 30 days the Bureau is to expunge eligible records, and the courts and clerks then mark them expunged. It covers district court records back to January 1, 2006 and only works if the state funds it. As of October 2026, the State Police expungement page describes only the regular court process (motion filed with the clerk, $250 State Police fee), so plan to file a motion if you need the record cleared now. Nothing is expunged without a request or motion.
Law: La. C.Cr.P. art. 985.2
What you can say afterwards
An expunged record is confidential and not a public record. You do not have to tell anyone (other than law enforcement and the agencies listed in the law) that you were arrested or convicted or that the record was expunged. Exceptions: law enforcement and prosecutors; certain licensing boards (medical, nursing, dental, pharmacy, social work, counselors, insurance, financial institutions, bar admission) on a confidential basis; and use as a prior offense if you are charged again. La. C.Cr.P. art. 973.
Juvenile records
Juvenile records that did not lead to adjudication can be expunged and sealed at any time; most adjudications can be expunged once the juvenile court's jurisdiction ends, if you have no adult felony conviction or firearm misdemeanor and nothing pending. For murder, manslaughter, registrable sex offenses, kidnapping and armed robbery you must also wait 5 years. La. Ch.C. arts. 917-922.
Marijuana records in Louisiana
You can file to expunge a first-offense misdemeanor conviction for possession of marijuana or THC 90 days after the conviction, and the total cost is capped at $300.
Law: La. C.Cr.P. arts. 977(D), 983(M)
Pardons in Louisiana
- Who decides
- The Governor, on recommendation of the Board of Pardons & Committee on Parole
- How
- Submit the Application for Pardon Consideration (digital or print) to the Board. A $200 non-refundable fee is charged when the pre-clemency investigation is assigned. The Board holds public hearings about monthly and sends recommendations to the Governor. First-time non-violent felony offenders may qualify for a first offender pardon, which also makes the conviction expungeable.
Law: La. Const. art. IV, sec. 5; La. C.Cr.P. art. 978(A)(3); La. Const. art. IV, sec. 5(E)(1)
In nearby states
- Mississippi: Expunction (expungement)
- Arkansas: Sealing (petition and order to seal; formerly called expungement)
- Alabama: Expungement
- Texas: Expunction; order of nondisclosure
Your next steps in Louisiana
See what is on your record
Your record lists each case; you need it to see which remedy fits. Louisiana Code of Criminal Procedure, Title XXXIV Expungement (official text and statutory forms) and Louisiana State Police: Expungements (what to file, $250 State Police fee, common problems).
Count the waiting period
The law sets a wait for each kind of case. Waiting periods.
File with the court
The court decides each request. How to file.
Ask for free help
Free help: Southeast Louisiana Legal Services (helps with criminal record expungements).
Free help in Louisiana
Questions about clearing a record in Louisiana
What is clearing a record called in Louisiana?
Expungement. In Louisiana, an expunged arrest or conviction is removed from public access and becomes confidential; it is not destroyed. Police, prosecutors, courts and some licensing boards can still see it, and it can still be used if you are charged with a new crime.
Which records can be cleared in Louisiana?
Motion to expunge an arrest that did not result in a conviction: Felony or misdemeanor arrests where you were not prosecuted and the time to prosecute has run out, the district attorney declined to prosecute (including after pretrial diversion), the case was dismissed or quashed, or you were acquitted; also people found factually innocent. Motion to expunge a misdemeanor arrest and conviction: Misdemeanor convictions, including convictions set aside after a deferred sentence under art. 894(B). Motion to expunge a felony arrest and conviction: Felony convictions set aside after a deferred sentence under art. 893(E); other felonies after 10 crime-free years; felonies eligible for a first offender pardon (non-violent, non-sex); certain listed violent felonies after a hearing. Immediate expungement after probation or alternative sentencing: The arrest and conviction that led to court-ordered probation or an alternative sentencing program, for people otherwise eligible for expungement.
Does Louisiana clear records automatically?
Louisiana does not clear records automatically. To clear a record, you ask for it.
Can a marijuana record be cleared in Louisiana?
You can file to expunge a first-offense misdemeanor conviction for possession of marijuana or THC 90 days after the conviction, and the total cost is capped at $300.
Are juvenile records sealed in Louisiana?
Juvenile records that did not lead to adjudication can be expunged and sealed at any time; most adjudications can be expunged once the juvenile court's jurisdiction ends, if you have no adult felony conviction or firearm misdemeanor and nothing pending. For murder, manslaughter, registrable sex offenses, kidnapping and armed robbery you must also wait 5 years. La. Ch.C. arts. 917-922.
Who can still see a cleared record in Louisiana?
An expunged record is confidential and not a public record. You do not have to tell anyone (other than law enforcement and the agencies listed in the law) that you were arrested or convicted or that the record was expunged. Exceptions: law enforcement and prosecutors; certain licensing boards (medical, nursing, dental, pharmacy, social work, counselors, insurance, financial institutions, bar admission) on a confidential basis; and use as a prior offense if you are charged again. La. C.Cr.P. art. 973.