1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Do the records just "disappear"?
No. Juvenile criminal records ordered expunged are to be destroyed.
When destruction isn’t possible, the records are to be maintained but are
never to be disclosed. The court may maintain a confidential record, such
as a minute entry, of the fact of an adjudication. This information may
be released only upon written motion of a court. Louisiana Childrens’ Code
§ 920-921.
Adult misdemeanor arrest records ordered expunged may be destroyed
if the person was not found guilty. In other adult felony expungement orders,
Expungement" means removal of a record from public access but does not
mean destruction of the record. An expunged record is confidential, but
remains available for use by 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, or the
Louisiana State Board of Examiners of Psychologists. For investigative
purposes only, the Department of Public Safety and Corrections may maintain
a confidential, nonpublic record of the arrest and disposition. Louisiana
Criminal Code 44:9.
What records may be expunged? In juvenile criminal cases, court
records, including all records relating to the conduct or conditions referred
to in the motion for expungement, including but not limited to pleadings,
exhibits, reports, minute entries, correspondence, and all other documents.
Also, agency records, including all reports and records whether on microfilm,
computer memory device, or tape, or any other photographic, fingerprint,
or any other information of any kind and all kinds or descriptions relating
to the conduct or conditions referred to in the motion for expungement.
Louisiana Childrens’ Code § 920-921.
In adult misdemeanor cases, all agencies and law enforcement records,
including record of the arrest, whether on microfilm, computer card or
tape, or on any other photographic, electronic, or mechanical method of
storing data, photograph, fingerprint, or any other information of any
and all kinds or descriptions. In felony cases records of any proceedings,
order, judgment, or other action under Code of Criminal Procedure Article
893 may be ordered expunged. Louisiana Criminal Code 44:9.
3. Who is eligible for expungement?
A. juvenile over 17 may have criminal charges expunged when those charges did not result in adjudication. Otherwise juvenile criminal records meeting the following conditions may be expunged:
B. Records concerning conduct or conditions that resulted in a misdemeanor adjudication may be expunged only if two or more years have elapsed since the person satisfied the most recent judgment against him.
C. Records concerning conduct or conditions that resulted in a felony adjudication may be expunged only if:(1) The adjudication was not for murder, manslaughter, any sexual crime, kidnapping, or armed robbery.
(2) Five or more years have elapsed since the person satisfied the most recent judgment against him.
(3) The person has no criminal court felony convictions and no criminal court convictions for misdemeanors involving a weapon.
(4) The person has no outstanding indictment or bill of information charging him. Louisiana Childrens’ Code § 920-921.
For adults arrested on misdemeanor charges, records may be expunged when(1) The time limitation for initiating prosecution on the offense has expired, and no prosecution has been instituted; or
(2) If prosecution has been instituted, and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal. First or second arrests for driving under the influence of drugs or narcotics may not be expunged.
In the case of an adult arrested for the violation of a felony offense or who has been arrested for battery on a police officer or school teacher or aggravated assault, they may request expungement if the prosecutor declines to prosecute, or the prosecution has been instituted, and such proceedings have been finally disposed of by acquittal, dismissal, or sustaining a motion to quash; and the record of arrest and prosecution for the offense is without value as a prior act for any subsequent prosecution.
An adult whose felony conviction was dismissed after successfully completing probation may seek to get records expunged. No records involving felony charges of sexual abuse of minors may be expunged. Louisiana Criminal Code 44:9.
4. How do I get records expunged?
In juvenile cases, the motion for expungement must be in writing
and must state facts that constitute grounds for expungement under Article
918. The motion for expungement must be filed with the court possessing
the records the person seeks to expunge, or with the court having jurisdiction
over the arresting agency. The motion must be served personally or by domiciliary
service or by certified mail on the district attorney, the clerk of the
court whose records are sought to be expunged, and the head of any agency
whose reports and records are sought to be expunged, including but not
limited to the Federal Bureau of Investigation, the Louisiana Bureau of
Criminal Identification and Information, the Department of Public Safety
and Corrections, and local law enforcement agencies.
Unless waived by consent of the parties, a contradictory hearing
must be conducted with the district attorney and any agency whose records
are sought to be expunged. If the court finds that the grounds have been
established, and that the person is entitled to expungement, the court
may order expungement.
In adult cases, expungement for most misdemeanors is accomplished
by filing a motion with the court in which the violation was prosecuted
or to the district court located in the parish of the arrest if no prosecution
was instituted. Practices vary from court to court. Some courts allow
the motions to be filed without payment of court costs. Others require
the payment of a filing fee.
Expungements of felonies (and battery on a police officer or school
teacher or aggravated assault) are done by motion to the district court
for the parish in which one was arrested. The motion must ask for
a "contradictory hearing" with the district attorney and the arresting
law enforcement agency. This means that a motion and order for a hearing
must be served on these officials. After the court hearing with the district
attorney and law enforcement agency, the judge must order an expungement
if the arrestee has proven his entitlement to an expungement.
