A felony has a big impact on a person’s life and if you live in Louisiana, you’ve come here trying to find out how to get the felony off your record. Realize that with all felony records, there are three options you can take. 1) Expunge Your Record2) Seal Your Record 3) Request a Pardon of Your Record. The problem though is that all states don’t offer all three of these options. But before we get into what Louisiana offers, let’s review what each of these options actually mean.
Expungement
If you get your record expunged in Louisiana it’s as if your arrest and/or charges never happened. Your record is completely destroyed, including all physical and public records. When asked if have a criminal record, after expungement, you can truthfully answer “no”.
Record Sealing
Sealing your record in Louisiana is similar to expungement, but your record still exists in a limited form. The public does not have access to your record, but there are some exceptions. Your records can still be accessed by law enforcement and the courts. Record sealing is not as secure as expungement, but it is a reasonable alternative that is comparatively easier to obtain if your state offers it.
Pardons
If you receive a pardon in Louisiana, you still have record of your arrest or charge, but your guilt is exonerated. That is, you have proven that you are rehabilitated and forgiven for your crimes. You can also get relief in terms of having various rights restored, such as your right to vote. The requirements for pardons vary between states, but typically there is a lot of documentation required, and includes lengthy waiting periods to apply and receive a pardon.
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Things to Know Before You Start
First: It’s important to understand that every state is different in terms of what methods are available for felons to remove their record and the information below will help you understand what you can do in Louisiana.
Felony Expungement in Louisiana
Yes, it is possible to expunge your felony in Louisiana but it depends on the felony.
Sealing a Record in Louisiana
Yes, it is possible to seal your record in Louisiana but it depends on the felony.
Getting a Pardon in Louisiana
Yes, it is possible to get a pardon of your record in Louisiana but it depends on the felony.
Second: When trying to clear your record, you really have two options. The first is to get a free consultation from a lawyer to see what they think of your case, and the second is to try to do all of the paperwork yourself.
Third: We HIGHLY recommend that you get a free consultation from a lawyer prior to taking any action. We say this because whether you want to expunge, seal, or pardon your record, it’s an extremely complicated process. Failure to follow the process properly can end up with you being denied for the request and having to wait additional time (sometimes several years) before you can file again. In addition, getting an expungement lawyer can increase your odds of succeeding and sometimes it’s more affordable than you think. The first step is to click on the button below to confirm that you’re eligible for the expungement/sealing off your record.
Can You Expunge a Felony in Louisiana?
When you expunge you records in Louisiana your records are legally destroyed, stricken or sealed. Also in the records are the documentation of arrests, investigations, incarceration, and disposition. There are certain reasons why you can expunge your criminal conviction in Louisiana. There are also reasons why Louisiana will not expunge your records.
However, you may need to seal your record first before an expungement can be performed. After sealing or expungement you can state under oath on employment, rental or other applications that you have no criminal convictions.
CANNOT EXPUNGE IF…
• You have been found guilty of a crime and sent to prison.
• You have a felony record of sexual abuse of a minor,
• You have an arrest record for a first or second DUI or driving under the influence of drugs.
• If your crime included violence as defined by R.S. 14:2
• If you have applied for expungement in a 15-year period,
• Violation of the uniform Controlled Dangerous Substance Law which is punishable by a five-year term
• Domestic abuse battery.
• There are provisions for each of the reasons why you may NOT expunge your record. They can be found on this link.
How to Expunge a Felony in Louisiana
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to expunge your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible for expungement based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• You can file for expungement if it has been at least five years since the end of your sentence, adjudication, parole or probation.
• You can only expunge one misdemeanor offense during a five-year period. DWI convictions can only be expunged once every ten years.
• All forms and fee schedule can be found by clicking right here.
Can You Seal Your Criminal Record in Louisiana?
Sealing your criminal records in Louisiana is almost the same exact process as expungement. To find out if your charges can be sealed, read Louisiana Criminal Code §44.9 (B) and (C).
It was not until 2014 that there was provision made for sealing adult felony convictions. Louisiana felt that they needed to amend the Louisiana Criminal Code to “break the cycle of criminal recidivism, increase, public safety, and assist the growing population of criminal offenders reentering the community to establish a self-sustaining life through opportunities in employment.”
CANNOT SEAL IF…
• Your felony conviction was less than 10 years from the completion of the sentence. If you have additional convictions, you cannot seal you records.
• Certain controlled substance offenses are not eligible for sealing or expungement.
• You are in jail or prison
• You have not paid all your fines and restitution.
How to Seal Your Criminal Record in Louisiana
When your record is sealed, it cannot be accessed by trying to find criminal records. If you are being considered for employment or trying to get a loan these records cannot be looked at during a background check. You are legally able to deny the criminal records. The records still exist, but only a court order to unseal the records can make those accounts accessible.
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to seal your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible to seal your record based on our test, then you should stop here.
• If you are eligible to seal your record based on our test and want to do this without a lawyer, continue reading.
• First you need to obtain your records and then fill out the proper form and give to the court. The forms can be found at the clerk’s office.
• You will need to contract the district attorney, Bureau of Criminal Identification and Information or arresting agency or Parrish to obtain a motion to expunge or seal your records. This can happen 60 days after you receive the notice from the clerk (980 (A)(B).
• If there is an objection a contradictory hearing will be held and the agency must show cause for denial by preponderance standard.
• If there is no objection, your records will be sealed.
• The cost is $550 (Article 983)
• More of the information can be found on this website.
Can You Apply for a Pardon in Louisiana?
Article V, Section 8 of the Louisiana Constitution gives the Governor the authority to grant pardons. Applicants for a traditional pardon must directly contact the governor’s Office. The address is: Governor’s OfficeAttention Legal Affairs SecretaryState Capitol, Sacramento, CA 95814.
CANNOT PARDON IF…
• You committed a crime in another state
• You have addition and pending charges, haven’t paid your detainers, or any liabilities to the state that are more than $1000.
• Unpaid court costs
• Victim restitution not paid
• Currently in jail or prison or on parole
How to Apply for a Pardon in Louisiana
If you were convicted of a crime and you feel you have been prosecuted unfairly, feel you are penitent you may try to get a pardon. A pardon is clemency in the form of an Executive order that forgives you for your crime. You will still have the crime on your record, but you do not have to sever your penalties and are free from certain restrictions.
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to request a pardon for your record. In most cases, if you are eligible for expungement on our test, then you’ll be eligible for a pardon.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because requesting a pardon is mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• First you will go through a qualification review.
• Stage two is the pardon hearing for further investigation and consideration
• Fill the application out completely and in ink
• You will need the following items along with the application:
• Certified judgment & sentence• Certified state from the Court Clerk• Current credit Report• Proof of employment or income• Proof of residence.
• Note: Submission of an application does not imply or guarantee that the Pardon Board will recommend a pardon or that the Governor will approve the recommendation. Review this website for more information. Changes in expungements and sealing are being reviewed in Louisiana. Louisiana is considering a crackdown on crime and sealing your records is a part of their crackdown.So, there you have it. Three separate ways to get rid of your record in Louisiana. As we’ve said numerous times throughout this page, this is a really complicated process and we highly recommend that you take this eligibility test prior to taking any action to determine if you are eligible for any of these options.
Please note, the information contained here is not legal advice and is strictly informational. If you have any further questions about the information above, or in general, you need to contact a lawyer directly.
