Expungement Frequently Asked Questions
FREQUENTLY ASKED QUESTIONS
REGARDING EXPUNGEMENT INFORMATION
WHAT IS AN EXPUNGEMENT?
An "expungement " is the removal of a criminal record from public access.
DOES AN EXPUNGEMENT DESTROY MY CRIMINAL RECORD?
NO. An expungement does NOT completely destroy evidence of your criminal record, but it does make it confidential to many sources.
IS MY CRIMINAL RECORD(S) STILL AVAILABLE TO CERTAIN PERSONS?
YES. Your record may still be accessed by certain persons, including law enforcement agencies, criminal justice agencies, the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of Psychologists, the Louisiana State Board of Social Work Examiners, the, Louisiana Department of Insurance, the Emergency Medical Services Certification Commission, the Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, the Louisiana Supreme Court Committee on Bar Admissions, and the Louisiana Department of Social Services as to approval of persons applying for a position of supervision or disciplinary authority of children.
CAN I GET A "TWIC" CARD (Transport Workers Identification Credential) IF MY RECORD IS EXPUNGED?
In most cases, YES. However, certain crimes disqualify anyone from obtaining a TWIC card (such as treason). For specific information, you should contact your local Transportation Safety Administration Office.
CAN I GET ANY CRIMINAL RECORD EXPUNGED?
No, if you were convicted of a "crime of violence", a sex offense, a serious narcotics offense, stalking, or domestic abuse battery, you cannot obtain an expungement. If you were convicted of a felony and your conviction was set aside and the prosecution dismissed pursuant to Code of Criminal Procedure Article 893, or it has been more than ten (10) years since the completion of the sentence, you may be able to obtain an expungement. If you were convicted of a misdemeanor and your conviction was set aside and the prosecution dismissed pursuant to Code of Criminal Procedure Article 894 or it has been more than five (5) years since the completion of the sentence, you may be able to obtain an expungement.
HOW LONG DOES THE EXPUNGEMENT PROCESS TAKE?
Processing an expungement is complex and can take six months or longer to complete.
IF YOU HAVE QUESTIONS AS TO YOUR ELIGIBILITY, YOU SHOULD CONSULT WITH AN ATTORNEY.
ALL REQUEST FOR EXPUNGEMENTS ARE TO BE TYPED ON THE FORMS BELOW.
EXPUNGEMENT FORMS
Motion to Set Aside Conviction and Dismiss Prosecution
