How to Get a Misdemeanor Expunged in Louisiana: A Step-by-Step Guide
Phillip Ellis |
Oct 29 2025 15:00
Having a misdemeanor on your record can make everything—from job hunting to apartment applications—harder than it needs to be. Below is an overview of how to get a misdemeanor expunged in Louisiana, including who qualifies, each legal step, and why partnering with a lawyer can smooth the process.
1. Am I Eligible?
Louisiana Code of Criminal Procedure (CCRP) Article 977 says you may ask the court to erase (“expunge”) a misdemeanor conviction if either of the following is true:
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Deferred dismissal: The conviction was set aside and prosecution dismissed under Art. 894(B); or
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Five-year waiting period: At least five years have passed since you finished every part of the sentence (jail, probation, fines), and you’ve had no felony convictions or pending felony charges during those five years. legis.la.gov
Additional rules to keep in mind:
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Ineligible offenses. You cannot expunge misdemeanors involving sex-offense arrests, domestic-abuse battery, or stalking. legis.la.gov
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First-offense marijuana. A first-offense possession of marijuana can be expunged just 90 days after conviction. legis.la.gov
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One expungement every five years. If you have already expunged a misdemeanor in the last five years, you must wait before filing again. legis.la.gov
If you are unsure whether your charge meets these conditions, consult an attorney before filing.
2. Understanding the Costs
Louisiana caps the statutory filing fee at $550(unless you qualify for one of the narrow fee exemptions). The money is divided among four agencies:
| Recipient | Typical share* |
|---|---|
| Louisiana State Police | $250 |
| Clerk of Court | up to $200 |
| District Attorney | $50 |
| Sheriff | $50 |
*Exact amounts can vary slightly by parish, but the statewide total may not exceed $550. legis.la.gov probonodeskmanual.loyno.edu
Payment must be made by money orders or attorney checks, exactly as each local court directs. All fees are non-refundable if a mistake derails your petition.
3. Legal Steps—From Paperwork to Final Order
| Step | What Happens | Key Authority |
|---|---|---|
| 1. Gather documents | Certified minutes of conviction, proof you completed the sentence, and DA certification that you have no felony convictions/charges. | CCRP 977(A)(2) |
| 2. Complete the motion & forms | Louisiana provides standardized forms (Art. 987 ff.). Fill them out carefully or hire counsel to draft them. | CCRP 977-980 |
| 3. File with Clerk & pay fees | File in the parish of conviction and pay the $550 statutory fee. | CCRP 983 legis.la.gov |
| 4. Service on agencies | The Clerk must notify the District Attorney, Louisiana Bureau of Criminal Identification & Information, and the arresting agency. | CCRP 979 legis.la.gov |
| 5. Waiting period | Those agencies have 60 days to object (the State Police has 60 days as well). | CCRP 980(A)-(B) legis.la.gov |
| 6. Contradictory hearing (if any) | If an objection is filed, the court holds a hearing. If no objection—or you overcome it—the judge signs the Order of Expungement. | CCRP 980(C)-(D) legis.la.gov |
| 7. Distribute certified orders | Obtain certified copies and send them to every agency that holds your record so it can be sealed from public view. | CCRP 978-982 |
4. Why a Lawyer Is Worth It
Even “simple” misdemeanor expungements can go sideways if a deadline is missed or a form is incomplete. An experienced expungement attorney can:
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Verify eligibility early —saving you the $550 filing fee if you do not qualify.
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Assemble court-ready paperwork and track down all required certifications.
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Respond to objections from law-enforcement or the District Attorney.
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Monitor agency compliance after the judge signs the order, ensuring the record actually comes down.
Many attorneys also bundle related services (for example, a motion to set aside the conviction under Art. 894) that can speed up the process.
5. Ready to Clear Your Record? Contact Ellis Law Firm of North Louisiana
If you’re wondering how to get a misdemeanor expunged and want guidance from attorneys who handle record-clearing every day, reach out:
Ellis Law Firm of North Louisiana
2100 Floyd Park Drive, Suite 3
Ruston, LA 71270
Phone:(318) 513-3175
Hours: Mon–Thu 8:30 a.m.–4:30 p.m.; Fri 8:30 a.m.–12:30 p.m. ellislawla.com chamberofcommerce.com
Call or visit to schedule a free consultation and take the first step toward a clean slate.
Disclaimer
This article provides general information only and is not legal advice. Every case is unique; consult a qualified Louisiana attorney about your specific situation.