How long you wait to clear a record in Louisiana
When you can ask to clear a record in Louisiana.
Checked against official sources: October 25, 2026.
Short answer
These are the waiting periods in Louisiana law. Each one runs from a set event, like the end of your sentence.
- Main remedy
- Motion to expunge an arrest that did not result in a conviction (La. C.Cr.P. art. 976)
- Waiting periods
- Dismissal, acquittal, refusal to prosecute: No waiting period, counted from the end of the case
DWI arrest with pretrial diversion: 5 years, counted from the date of arrest
Misdemeanor set aside and dismissed under art. 894(B): No waiting period, counted from the set-aside and dismissal
Your earliest date in Louisiana
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: 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
Source: Official text
Waiting periods: 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
Waiting periods: 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
Source: Official text
Waiting periods: 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
In nearby states
- Mississippi: Dismissed, dropped, no disposition, or not guilty: No waiting period, counted from the dismissal or verdict
- Arkansas: Most misdemeanors and violations: No waiting period, counted from completion of sentence, including restitution, court costs and any driver's license reinstatement fees
- Alabama: Dismissed with prejudice, no-billed, not guilty, or nolle prossed (any charge): You can file once more than 90 days have passed, counted from the dismissal, no-bill, acquittal or nolle pros
Steps after the wait in Louisiana
Find your dates
Use the dates on your court papers, not your memory.
Look at the exclusions
The wait is only one rule; the court looks at the whole record.
Get the forms
Once enough time has passed, see how to file. How to file.
Ask for free help
Free help: Southeast Louisiana Legal Services (helps with criminal record expungements).
Free help in Louisiana
Questions about waiting periods in Louisiana
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.
How long do I have to wait in Louisiana?
Dismissal, acquittal, refusal to prosecute: No waiting period, counted from the end of the case; DWI arrest with pretrial diversion: 5 years, counted from the date of arrest; Misdemeanor set aside and dismissed under art. 894(B): No waiting period, counted from the set-aside and dismissal; Misdemeanor conviction: 5 years, counted from completion of any sentence, deferred adjudication, probation or parole.
Does Louisiana clear records automatically?
Louisiana does not clear records automatically. To clear a record, you ask for it.
Is there free help to clear a record in Louisiana?
Southeast Louisiana Legal Services (helps with criminal record expungements).