Criminal Defense

EXPUNGEMENT

Louisiana Revised Statute 44:9 is the law that governs expungement of violations of various local, state and federal laws. The procedure used for expungement depends upon the type of violation and the nature of the acquittal. While Louisiana Revised Statute 44:9 is convoluted and difficult to understand, case law has found that the statute is to be liberally construed to follow the intent of the legislature and make it applicable to a variety of situations.

Louisiana expungement law addresses three categories of records:

  1. Misdemeanors and violations of municipal and parish ordinances
  2. Felonies and certain misdemeanors
  3. Crimes and persons ineligible for expungment

Misdemeanors and violations of municipal and parish ordinances:

Generally, these crimes are expunged under Articles 894. The person seeking expungement files a written claim within the jurisdiction where the violation occurred or was prosecuted. There are applicable time periods between the time of the commission of the crime and the request for expungement that must have elapsed prior to filing the motion to expunge.

Should the judge grant a motion to expunge, all documents related to the arrest and trial will be destroyed. Some of the misdemeanor charges and violations of municipal and parish ordinances which may be expunged under Article 894 include: drinking-related charges, including, DUI and DWI, public intoxication, open container violations and underage drinking; solicitation and lewd conduct; assault; simple battery; domestic violence; disturbing the peace.

Felonies and certain misdemeanors:

Generally, these crimes are expunged under Articles 893. The “certain misdemeanors” include battery of a police officer, battery of a school teacher and aggravated assault. Public policy finds these misdemeanor particularly offensive; therefore the requirements for expungement of these crimes are the same as the requirements for felonies. Like the misdemeanor crimes, there are applicable time periods between the time of the commission of the crime and the request for expungement that must have elapsed prior to filing the motion to expunge.

In the case of these certain misdemeanors and felonies, there is an addition requirement – a hearing with the Louisiana District Attorney, including contradictory statements from the arresting law enforcement agency. The records in these cases are not destroyed, they are merely restricted from public access.

Crimes and persons ineligible for expungment:

Certain individuals are ineligible for expungement. Persons currently incarcerated and persons convicted of a sex offense against a person under the age of seventeen cannot expunge any documents related to their arrest and/or conviction.

Once expunged, disclosure of expunged records in a civil action under Articles 893 and 894 is not required except when a person is applying for employment with the following agencies: the Louisiana State Board of Examiners of Psychologists; the Louisiana State Board of Dentistry; the Louisiana State Board of Nursing; the Louisiana State Board of Medical Examiners; and any and all state of Louisiana law enforcement agencies.