Expungement / Record Sealing Petition and Eligibility Memo — Louisiana

Expungement / Record Sealing Motion and Eligibility Memo (LOUISIANA)

Quick-Reference Summary

Part A — Eligibility Memo

TO: [Client Name]
FROM: [Attorney Name], [Firm]
RE: Eligibility for Expungement Under Louisiana Law (La. Code Crim. Proc. arts. 971-986)
DATE: [__/__/____]

1. Executive Summary

Louisiana, the only U.S. civil-law jurisdiction, codifies expungement at La. Code Crim. Proc. arts. 971-986 (replacing former La. R.S. 44:9 effective August 1, 2014). The framework provides distinct articles for misdemeanor convictions (art. 977), felony convictions (art. 978), arrest-only expungements (art. 976), interim expungements (art. 985.1), and expungements by redaction (art. 985). Waiting periods are 5 years (misdemeanor) and 10 years (felony) from completion of all aspects of the sentence, with stringent categorical exclusions for crimes of violence, sex offenses, most controlled-dangerous-substance violations, and domestic abuse battery. The $550 filing fee under art. 983 is a meaningful threshold; fee waivers are available in narrow non-conviction circumstances. This memo evaluates [Client]'s eligibility, identifies the controlling article, computes the waiting period, and flags any categorical exclusion.

2. Client Record Summary

3. Decision Tree

Step 1 — Was this a NON-CONVICTION?
☐ Acquittal / not guilty → art. 976 eligible; fee may be waived
☐ Dismissed without prejudice → art. 976 eligible; fee may be waived
☐ Refused (DA declined prosecution) → art. 976 eligible
☐ No-bill by grand jury → art. 976 eligible
☐ Art. 893 set-aside-and-dismiss (felony deferred) → art. 978(A)(1) eligible
☐ Art. 894 set-aside-and-dismiss (misdemeanor deferred) → art. 977 eligible upon completion

Step 2 — MISDEMEANOR CONVICTION? (art. 977)
☐ 5 years have elapsed since completion of sentence/probation
☐ No other conviction during the 5-year period
☐ No pending criminal charges
☐ Applicant has not filed for misdemeanor expungement within the prior 5 years (once-every-5-years cap)
☐ If all boxes checked → art. 977 eligible

Step 3 — FELONY CONVICTION? (art. 978)

Step 3a — Set-Aside under art. 893(E)?
☐ Conviction was set aside and prosecution dismissed pursuant to art. 893(E)
☐ Eligible under art. 978(A)(1) — no 10-year wait

Step 3b — 10-Year Wait?
☐ 10 years have elapsed since completion of sentence/deferred adjudication/probation/parole
☐ No other criminal conviction during the 10-year period
☐ No pending criminal charges
☐ DA has certified (via art. 978 motion process) no convictions during 10-year period and no pending charges
☐ Offense is NOT a crime of violence (R.S. 14:2(B)), sex offense (R.S. 15:541), most CDS violations, or domestic abuse battery
☐ If all boxes checked → art. 978(A)(2) eligible

Step 3c — First-Offender Pardon?
☐ Applicant received a first-offender pardon under La. Const. art. IV, § 5(E)(1)
☐ Offense is NOT a crime of violence or sex offense
☐ If both boxes checked → art. 978(A)(3) eligible

Step 3d — Narrow Violent-Felony Exception (art. 978(E))?
☐ Conviction is for: aggravated battery, second-degree battery, aggravated criminal damage to property, simple robbery, purse snatching, OR illegal use of weapons/dangerous instrumentalities
☐ 10 years have elapsed since completion of sentence
☐ No other criminal conviction during 10-year period
☐ No pending criminal charges
☐ If all boxes checked → art. 978(E) eligible (contradictory hearing required)

Step 4 — INTERIM EXPUNGEMENT (art. 985.1)?
☐ Felony arrest resulted in misdemeanor conviction
☐ 90 days post-conviction have elapsed
☐ Applicant seeks to expunge ONLY the felony arrest record (not the misdemeanor conviction)
☐ If all boxes checked → art. 985.1 eligible

Step 5 — Categorical Exclusions (art. 978(B))
The following CANNOT be expunged under any general provision:

• Crimes of violence under R.S. 14:2(B) (EXCEPT the six offenses listed in art. 978(E))
• Sex offenses or offenses against a victim who is a minor (R.S. 15:541)
• Most violations of the Uniform Controlled Dangerous Substances Law (EXCEPT possession; certain PWITD; CDS with max sentence ≤ 5 yrs; CDS expungeable under art. 893(E); CDS where first-offender pardon applies)
• Domestic abuse battery (R.S. 14:35.3)

4. Filing Fee Analysis (art. 983)

The base filing fee is $550 payable to the Clerk of Court at the time the motion is filed.

Fee waiver available (art. 983(F)-(H)) where:
☐ DA certifies applicant has no felony conviction AND no pending charges, AND
☐ One of the following applies:

• Charge was dismissed (no plea on other charges)
• Acquittal
• No-bill
• Refusal of charges
• Art. 894 / art. 893 set-aside that meets statutory criteria

Fee NOT waived for general misdemeanor (art. 977) or felony (art. 978) CONVICTION expungements absent these narrow statutory grounds.

5. Service Requirements (art. 979)

The motion MUST be served on:

☐ District Attorney for the parish of conviction/arrest
☐ Arresting law enforcement agency
☐ Louisiana State Police, Bureau of Criminal Identification and Information (LBCII), P.O. Box 66614, Baton Rouge, LA 70896

Failure to serve LBCII results in the order NOT being applied to the state-level rap sheet. Service on LBCII is mandatory.

6. Effect of Expungement (art. 973)

After expungement, the record is confidential but NOT destroyed. The record remains available to:

• Law enforcement / criminal-justice agencies / prosecutors (on written request)
• Courts (on order with contradictory hearing for good cause)
• The applicant or their counsel
• Enumerated regulatory bodies: Office of Financial Institutions; Louisiana State Board of Medical Examiners; Board of Nursing; Board of Dentistry; Board of Examiners of Psychologists; Board of Pharmacy; Board of Social Work Examiners; Emergency Medical Services Certification Commission; Attorney Disciplinary Board; Supreme Court Committee on Bar Admissions; Department of Insurance; Licensed Professional Counselors Board; Board of Chiropractic Examiners; and others (see art. 973 for full enumeration)
• Health-care employers (under preserved R.S. 44:9 carve-out)

Critical: Per art. 971(5), an expunged record remains available as a predicate offense for the Habitual Offender Law (R.S. 15:529.1) and other lawful uses by law enforcement.

7. Practical Considerations

• Federal firearms: Louisiana expungement does NOT automatically restore federal firearms rights under 18 U.S.C. § 922(g). Louisiana firearms restoration under R.S. 14:95.1 is a separate analysis.
• Immigration: Expungement does NOT eliminate federal immigration consequences. The conviction remains a "conviction" under 8 U.S.C. § 1101(a)(48).
• Background checks: Private CRAs may retain older snapshots; FCRA dispute letters under 15 U.S.C. § 1681i(a) are routine post-expungement.
• Civil-law liberal construction: Louisiana courts construe the expungement framework "liberally in favor of those individuals entitled to benefits of the statute" — State v. Boniface, 369 So. 2d 115 (La. 1979) (under former R.S. 44:9; principle preserved under arts. 971-986).
• TWIC card / port employment: One of the legislative purposes of the 2014 framework was to facilitate Transportation Worker Identification Credential (TWIC) qualification (art. 971(3)). Applicants seeking port/maritime employment should specifically reference this purpose in motions.
• Disclosure: After expungement, applicant may lawfully respond "no" to most private employer and licensing inquiries about the expunged offense, with the statutorily enumerated exceptions for regulatory bodies.

8. Recommended Path

Based on the foregoing: ☐ art. 976 arrest-only expungement (fee waiver likely) — ☐ art. 977 misdemeanor conviction (5-year wait satisfied) — ☐ art. 978(A)(1) felony art. 893 set-aside — ☐ art. 978(A)(2) felony 10-year wait — ☐ art. 978(A)(3) first-offender pardon felony — ☐ art. 978(E) narrow violent-felony exception — ☐ art. 985.1 interim expungement (felony arrest + misdemeanor conviction) — ☐ art. 985 expungement by redaction — ☐ Not eligible; categorical exclusion or wait incomplete.

Part B — Motion Template

STATE OF LOUISIANA
[___] JUDICIAL DISTRICT COURT
PARISH OF [_____________]

Docket No.: [____________]
Division: [____]

Mover: [CLIENT NAME]
Attorney for Mover: [ATTORNEY NAME], LA Bar No. [______]
[Firm Name, Address, Telephone, Email]

MOTION FOR EXPUNGEMENT OF RECORDS PURSUANT TO LA. CODE CRIM. PROC. ARTS. [976 / 977 / 978 / 985.1]

NOW INTO COURT, through undersigned counsel, comes Mover [CLIENT NAME], who respectfully moves this Honorable Court for an order expunging the records of the above-captioned matter pursuant to La. Code Crim. Proc. arts. [976/977/978/985.1] et seq., and in support represents:

I. Mover Identification

1. Full legal name (and any aliases): [____________]
2. Date of birth: [__/__/____]
3. SSN (last four digits): [____________]
4. Current address: [____________]
5. Louisiana driver's license number: [____________]

II. Case Information

6. Docket number: [____________]
7. Date of arrest: [__/__/____]
8. Arresting agency: [____________]
9. Charge(s): [____________], in violation of La. R.S. [__________], a [misdemeanor / felony]
10. Date of disposition: [__/__/____]
11. Disposition: [acquittal / dismissal / refusal / no-bill / art. 893 set-aside / art. 894 set-aside / conviction with sentence of __________]
12. Date completed sentence / probation / parole / deferred adjudication: [__/__/____]
13. First-offender pardon received under La. Const. art. IV, § 5(E)(1): [yes — date __/__/____ / no]

III. Statutory Basis for Expungement

14. Mover seeks expungement under:

☐ La. Code Crim. Proc. art. 976 (arrest only — no conviction)
☐ La. Code Crim. Proc. art. 977 (misdemeanor conviction; 5-year wait satisfied)
☐ La. Code Crim. Proc. art. 978(A)(1) (felony — set aside under art. 893(E))
☐ La. Code Crim. Proc. art. 978(A)(2) (felony conviction; 10-year wait satisfied)
☐ La. Code Crim. Proc. art. 978(A)(3) (felony — first-offender pardon)
☐ La. Code Crim. Proc. art. 978(E) (narrow violent-felony exception)
☐ La. Code Crim. Proc. art. 985.1 (interim expungement — felony arrest + misdemeanor conviction)
☐ La. Code Crim. Proc. art. 985 (expungement by redaction)

IV. Waiting Period and Conditions Satisfied

15. The applicable waiting period of [n/a (arrest-only) / 5 years (art. 977) / 10 years (art. 978) / 90 days (art. 985.1)] has fully elapsed.
16. Mover has completed all aspects of the sentence: incarceration, probation, parole, deferred adjudication, and payment of all fines, costs, and restitution.
17. Mover has not been convicted of any other criminal offense during the applicable waiting period.
18. Mover has no pending criminal charges in any jurisdiction, as verified by the attached District Attorney's Certification (Exhibit A).
19. For art. 977 motions: Mover has not previously obtained a misdemeanor expungement within the prior 5-year period.

V. Offense Is Not Excluded Under Art. 978(B)

20. The offense of conviction is NOT:

(a) A crime of violence under La. R.S. 14:2(B) (except as expressly permitted under art. 978(E));
(b) A sex offense or criminal offense against a victim who is a minor under La. R.S. 15:541;
(c) A violation of the Uniform Controlled Dangerous Substances Law (other than possession, certain PWITD, CDS with max ≤ 5 years, CDS expungeable under art. 893(E), or first-offender-pardon CDS);
(d) Domestic abuse battery under La. R.S. 14:35.3.

VI. DA Certification (art. 978 / fee waiver)

21. The Certification of the District Attorney is attached as Exhibit A, verifying that Mover has no felony conviction during the 10-year period (or, for fee-waiver purposes, no felony conviction at all) and no pending charges under bill of information or indictment.

VII. Filing Fee

22. Mover tenders the $550 filing fee under art. 983 herewith [OR Mover claims fee waiver under art. 983(F)-(H), supported by the attached DA Certification].

VIII. Service (art. 979)

23. Copies of this Motion are being served contemporaneously upon:

☐ District Attorney for the Parish of [_____________]
☐ [Arresting law enforcement agency]
☐ Louisiana State Police, Bureau of Criminal Identification and Information (LBCII), P.O. Box 66614, Baton Rouge, LA 70896
☐ [Other custodian: ____________]

IX. Prayer

WHEREFORE, Mover [CLIENT NAME] respectfully prays:

A. That this Motion be set for hearing if any party objects, and otherwise be granted on the pleadings;
B. That this Honorable Court enter an Order of Expungement directing that all records of the above-captioned arrest [and conviction] be expunged pursuant to La. Code Crim. Proc. arts. [976/977/978/985.1], with the effects set forth in art. 973;
C. That copies of the executed Order be transmitted to the Clerk of Court, the District Attorney, the arresting agency, the Louisiana State Police LBCII, and any other custodian identified herein;
D. For such other relief as this Court deems just and equitable.

Respectfully submitted this [___] day of [__________], 20[__].

[ATTORNEY NAME], LA Bar No. [______]
[Firm Name]
[Address]
[Telephone] | [Email]
Attorney for Mover

VERIFICATION

STATE OF LOUISIANA
PARISH OF [_____________]

Before me, the undersigned authority, personally came and appeared [CLIENT NAME], who being duly sworn, deposed and stated that he/she is the Mover herein, has read the foregoing Motion, and that the factual statements therein are true and correct to the best of his/her knowledge.

_______________________________
[CLIENT NAME]

Sworn to and subscribed before me this [___] day of [__________], 20[__].

_______________________________
Notary Public
La. Bar/Notary ID: [____________]
My commission: [life / expires __/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Motion was served upon:

• District Attorney, [_____________] Parish, [Address]
• [Arresting Agency], [Address]
• Louisiana State Police, Bureau of Criminal Identification and Information, P.O. Box 66614, Baton Rouge, LA 70896
• [Other custodians]

by [certified mail, return receipt requested / hand delivery / electronic service via Louisiana ECF where available].

_______________________________
[ATTORNEY NAME]

Part C — Filing Checklist

Pre-Filing

☐ Obtain expungement packet from Clerk of Court (parish of arrest/conviction)
☐ Obtain certified case minutes / disposition from Clerk
☐ Obtain certified rap sheet from Louisiana State Police LBCII (request form + fee)
☐ Obtain background check from local police (e.g., NOPD background) where required
☐ Identify controlling article (976 / 977 / 978 / 985 / 985.1)
☐ Compute waiting period from completion of last aspect of sentence (incarceration, probation, parole, deferred adjudication)
☐ Confirm no other conviction during waiting period
☐ Confirm no pending charges in any jurisdiction
☐ For art. 977: confirm no prior misdemeanor expungement in prior 5 years
☐ Confirm offense is NOT in art. 978(B) exclusion list (crimes of violence, sex offenses, most CDS, domestic abuse battery)
☐ Request DA Certification of Eligibility (mandatory under art. 978; supports fee waiver under art. 983)

Drafting

☐ Use Louisiana expungement packet forms as primary filing
☐ Supplement with attorney-drafted motion (Part B) for complex / contested cases
☐ Cite controlling article in caption and prayer
☐ Attach DA Certification (Exhibit A)
☐ Attach certified case minutes (Exhibit B)
☐ Attach certified LBCII rap sheet (Exhibit C)
☐ Attach proof of completion of sentence / probation / parole / deferred adjudication (Exhibit D)
☐ Attach proof of payment of all fines, costs, restitution (Exhibit E)
☐ Attach first-offender pardon order (Exhibit F, if art. 978(A)(3))
☐ Attach art. 893/894 set-aside order (Exhibit G, if applicable)
☐ Prepare proposed Order of Expungement

Filing

☐ File Motion + Order + Exhibits with Clerk of Court (parish of arrest/conviction)
☐ Pay $550 filing fee OR file fee-waiver under art. 983(F)-(H) with supporting DA Certification
☐ Serve DA (parish of arrest/conviction)
☐ Serve arresting agency
☐ Serve Louisiana State Police LBCII at P.O. Box 66614, Baton Rouge, LA 70896 (MANDATORY)
☐ Calendar 60-day objection window (DA / LSP)

Hearing

☐ If no objection: court may sign Order on pleadings; monitor for entry
☐ If DA or LSP objects: prepare for contradictory hearing (art. 980)
☐ Address each statutory requirement
☐ For art. 978(E) violent-felony exception: be prepared with rehabilitation evidence; DA bears burden but practitioners typically front-load proof
☐ For art. 978(A)(3) first-offender-pardon expungement: have certified pardon order ready

Post-Order

☐ Obtain certified copies of Order of Expungement (request at least 5)
☐ Serve certified copy on LBCII (mandatory for state rap-sheet seal)
☐ Serve certified copy on DA, arresting agency, Clerk of Court, and any detention facility
☐ Confirm LBCII processing within 60-90 days
☐ Confirm Clerk of Court has updated docket
☐ Send FCRA dispute letters to private CRAs continuing to report
☐ Provide certified copy to any pending employer / licensing applications (including TWIC card applicants)
☐ Advise client of: (i) right to deny existence of expunged offense to most private inquirers, (ii) preserved access for enumerated regulatory boards under art. 973, (iii) continuing federal firearms disability under 18 U.S.C. § 922(g) absent federal relief, (iv) immigration consequences not eliminated, (v) record remains available as predicate offense under Habitual Offender Law (R.S. 15:529.1) per art. 971(5)

Sources and References

• La. Code Crim. Proc. arts. 971-986 (modern expungement framework — Acts 2014, No. 145): https://www.legis.la.gov/legis/Laws_Toc.aspx?folder=83&title=14
• La. Code Crim. Proc. art. 971 (legislative findings): https://www.legis.la.gov/Legis/Law.aspx?d=919662
• La. Code Crim. Proc. art. 977 (misdemeanor expungement — 5-year wait): https://www.legis.la.gov/legis/Law.aspx?d=919669
• La. Code Crim. Proc. art. 978 (felony expungement — 10-year wait + exclusions + narrow violent-felony exception): https://www.legis.la.gov/legis/Law.aspx?d=919670
• La. Code Crim. Proc. art. 983 (filing fee — $550 + waiver): https://www.legis.la.gov/legis/Law.aspx?d=919675
• La. Const. art. IV, § 5(E)(1) (First-Offender Pardon — automatic): https://www.legis.la.gov/Legis/Law.aspx?d=206284
• La. R.S. 14:2(B) (definition of "crime of violence"): https://www.legis.la.gov/legis/Law.aspx?d=78338
• La. R.S. 15:541 (sex-offense definitions): https://www.legis.la.gov/legis/Law.aspx?d=81234
• Louisiana State Police — Bureau of Criminal Identification and Information (LBCII): https://www.lsp.org/identification.html
• Orleans Parish District Attorney — Expungement page (sample procedure for Orleans Parish): https://orleansda.com/assistance/expungement/
• Louisiana Expungement Assistance Center (LEAAC): http://www.leaac.com/faq-resources/the-louisiana-expungement-law/
• State v. Boniface, 369 So. 2d 115 (La. 1979) (liberal construction in favor of those entitled to expungement benefits)
• Acts 2014, No. 145 (enactment of arts. 971-986); Acts 2019, No. 1; Acts 2020, Nos. 71 & 78 (subsequent amendments)