What record(s) cannot be Expunged according to Louisiana law?
Under Louisiana’s law, the only felonies that cannot be expunged are those for violent offenses, sex offenses, crimes against minors, and drug trafficking offenses (mere possession with intent to distribute is eligible for expungement);
DUI arrests may not be expunged.
According to Legis.LA.Gov: Below is a detailed list of what WILL NOT be EXPUNGED.
(1) Solicitation for murder.
(2) First degree murder.
(3) Second degree murder.
(5) Aggravated battery.
(6) Second degree battery.
(7) Aggravated assault.
(8) Mingling harmful substances.
(9) Aggravated or first degree rape.
(10) Forcible or second degree rape.
(11) Simple or third degree rape.
(12) Sexual battery.
(13) Second degree sexual battery.
(14) Intentional exposure to AIDS virus.
(15) Aggravated kidnapping.
(16) Second degree kidnapping.
(17) Simple kidnapping.
(18) Aggravated arson.
(19) Aggravated criminal damage to property.
(20) Aggravated burglary.
(21) Armed robbery.
(22) First degree robbery.
(23) Simple robbery.
(24) Purse snatching.
(26) Assault by drive-by shooting.
(27) Aggravated crime against nature.
(29) Illegal use of weapons or dangerous instrumentalities.
(31) Aggravated second degree battery.
(32) Aggravated assault upon a peace officer with a firearm.
(33) Aggravated assault with a firearm.
(34) Armed robbery; use of firearm; additional penalty.
(35) Second degree robbery.
(36) Disarming of a peace officer.
(38) Second degree cruelty to juveniles.
(39) Aggravated flight from an officer.
(40) Repealed by Acts 2014, No. 602, §7, eff. June 12, 2014.
(41) Battery of a police officer.
(42) Trafficking of children for sexual purposes.
(43) Human trafficking.
(44) Home invasion.
(45) Domestic abuse aggravated assault.
(46) Vehicular homicide, when the operator's blood alcohol concentration exceeds 0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood.
When & How Can I Apply for an Expungement of my record(s)?
Immediately if a prosecuted case was finally disposed of by dismissal, acquittal or motion to quash;
After the time limit for prosecution has run out, if no prosecution took place;
The time limits for prosecution depend on the punishment for the particular crime:
No limit: Crimes punishable by death or life imprisonment;
10 years: Certain sex offenses against children (computed from date of victim's 17th birthday);
6 years: Felonies necessarily punishable by imprisonment at hard labor;
4 years: Felonies not necessarily punishable by imprisonment at hard labor;
2 years: Misdemeanors punishable by fine or imprisonment;
6 months: Misdemeanors punishable by fine;
Some courts have form motions for expungement and you fill in the blanks. Courts do expungements different ways. Some courts require fees and some do not. There's no uniform state law on costs or how to do it;
For most misdemeanors, file a motion with the court in which the violation was prosecuted or to the district court located in the parish of the arrest if there was no prosecution;
Expungements of felonies (and battery on a police officer or school teacher or aggravated assault) are done by motion to the district court for the parish in which you were arrested. The motion must ask for a hearing with the district attorney and the arresting law enforcement agency. You must serve a motion and order for a hearing on the district attorney and the arresting agency. Consider getting a lawyer since some district attorneys will oppose these expungements.