In 2014, changes were made to Louisiana’s expungement laws. Prior to this, a court could order the destruction or expungement of records of convictions in misdemeanor cases that had been dismissed under Article 894 of the code of criminal procedure.
The new expungement law still provides for the expungement, but not the destruction of the record of arrest and conviction in certain misdemeanor cases.
Adult and Juvenile Records
There is currently no provision in the expungement laws that allows a court to order the destruction of a record of arrest and conviction of an adult offender. A juvenile’s records must be destroyed upon expungement of a juvenile conviction.
Expungement and Confidentiality
Expunged records of arrest or conviction are confidential and are no longer considered public record and can only be made available to certain entities, including:
- Office of Financial Institutions,
- Louisiana State Boards of Nursing, Dentistry, Pharmacy and Medical Examiners
- Louisiana State Board of Examiners of Psychologists,
- Louisiana State Board of Social Work Examiners,
- Emergency Medical Services Certification Commission,
- Louisiana Attorney Disciplinary Board
- Office of Disciplinary Counsel,
- Louisiana Supreme Court Committee on Bar Admissions,
- Louisiana Department of Insurance,
- Louisiana Licensed Professional Counselors Board of Examiners
Expunged records may also be available to entities or persons who need to investigate such information to protect children, pursuant to R.S. 15:587.1.
Cost of Expungement
Under the new law, the costs and fees that accompany a request for expungement are now uniform and non-refundable. The fees for filing a motion to expunge OWI/DWI records of arrest and conviction are:
- $250: Louisiana Bureau of Criminal Identification and Information
- $50: Sheriff of Parish of Conviction
- $50: District Attorney’s Office
- $200: Clerk of Court
- $50: DPSC Office of Motor Vehicles
For more information about expungement and to learn if it may be the appropriate option for you, contact The Law Offices of J. Bradley Cockrell today.