Louisiana Code of Criminal Procedure 977 – Motion to expunge a record of arrest and conviction of a misdemeanor offense
Terms Used In Louisiana Code of Criminal Procedure 977
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Expunge a record: means to remove a record of arrest or conviction, photographs, fingerprints, disposition, or any other information of any kind from public access pursuant to the provisions of this Title. See Louisiana Code of Criminal Procedure 972
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Interim expungement: means to expunge a felony arrest from the criminal history of a person who was convicted of a misdemeanor offense arising out of the original felony arrest. See Louisiana Code of Criminal Procedure 972
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
A. A person may file a motion to expunge his record of arrest and conviction of a misdemeanor offense if either of the following apply:
(1) The conviction was set aside and the prosecution was dismissed pursuant to Article 894(B) of this Code.
(2) More than five years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole, and the person has not been convicted of any felony offense during the five-year period, and has no felony charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that to his knowledge the applicant has no felony convictions during the five-year period and no pending felony charges under a bill of information or indictment.
B. The motion to expunge a record of arrest and conviction of a misdemeanor offense shall be served pursuant to the provisions of Article 979 of this Code.
C. No person shall be entitled to expungement of a record under any of the following circumstances:
(1) The misdemeanor conviction arose from circumstances involving or is the result of an arrest for a sex offense as defined in La. Rev. Stat. 15:541, except that an interim expungement shall be available as authorized by the provisions of Article 985.1 of this Code.
(2) The misdemeanor conviction was for domestic abuse battery.
(3) The misdemeanor conviction was for stalking (La. Rev. Stat. 14:40.2).
D. Notwithstanding any provision of law to the contrary, a person may file a motion to expunge his record of arrest and conviction of a misdemeanor conviction for a first offense possession of marijuana, tetrahydrocannabinol, or chemical derivatives thereof after ninety days from the date of conviction.
Acts 2014, No. 145, §1; Acts 2015, No. 151, §1, eff. June 23, 2015; Acts 2015, No. 200, §1; Acts 2020, No. 78, §2; Acts 2023, No. 342, §1.