Expungement in Louisiana: What It Does and Who Qualifies
Fontenot Law is a Lake Charles criminal defense firm handling expungement petitions in Calcasieu Parish. A Louisiana expungement removes a record of arrest or conviction from public access — it does not physically destroy the record, but it removes it from databases that employers, landlords, and the public can search. After a successful expungement, most people can honestly answer "no" when asked about prior arrests or convictions on employment and housing applications, with limited exceptions for government and law enforcement positions.
Louisiana expungement law is governed by La. C.Cr.P. Art. 971 et seq. The law was significantly expanded in 2015 and again in 2018, making more convictions eligible and streamlining the process for certain categories of records. However, eligibility rules are specific and technical — not every arrest or conviction qualifies, and the waiting periods and conditions vary by charge type, disposition, and criminal history. Our firm evaluates every client's full record to identify everything that can be expunged and prepares the petition to clear as much as the law allows.
What Can Be Expunged in Louisiana
Arrests Without Conviction
If you were arrested but the charges were dismissed, the prosecution declined to charge you, you were acquitted at trial, or the conviction was set aside, you may be eligible to have the arrest expunged immediately — with no waiting period in most cases. An arrest on your record — even without a conviction — appears in background checks and can affect employment. Our firm handles arrest expungements as the highest-priority and fastest available relief.
Misdemeanor Convictions
Most misdemeanor convictions in Louisiana are eligible for expungement after a five-year waiting period from the completion of the sentence — including probation and payment of all fines and costs. The waiting period is reduced to three years for convictions that were set aside after successful completion of a diversion or probation program. During the waiting period, the person must not have been convicted of any other felony or misdemeanor.
Felony Convictions
Many felony convictions are eligible for expungement in Louisiana after a ten-year waiting period from completion of the sentence. First-offense non-violent felonies, including many drug offenses, are often eligible. Crimes of violence as defined by La. R.S. 14:2(B), sex offenses, and crimes against children are generally not eligible for expungement regardless of the waiting period. Our firm evaluates whether a felony conviction falls within the eligible categories before advising on the expungement timeline.
First-Offense DWI Convictions
A first-offense DWI conviction in Louisiana is eligible for expungement after a ten-year waiting period from completion of the sentence, with no subsequent DWI convictions during that period. This waiting period was previously five years but was extended to ten years in 2018. Despite the long wait, expunging a DWI conviction can meaningfully affect insurance rates, professional licensing, and employment background checks.
The Expungement Process in Calcasieu Parish
Expungement in Louisiana requires filing a petition with the court that handled the original charge, serving notice on the relevant law enforcement agencies and the District Attorney, and allowing a period for objection before the court enters the expungement order. Our firm handles every step of this process — evaluating eligibility, preparing the petition, serving the required parties, and attending any necessary hearing. Most straightforward expungements in Calcasieu Parish are completed within 60 to 120 days of filing. Our firm also handles cases in which law enforcement agencies have not properly updated their records after an expungement order is entered.
Fontenot Law handles expungement petitions throughout Lake Charles, Sulphur, Westlake, Moss Bluff, and all of Calcasieu Parish. If you are not sure whether your record qualifies, contact our office for an evaluation — we review your record and tell you exactly what can be cleared and when.
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Frequently Asked Questions
Most expungements in Calcasieu Parish take 60 to 120 days from the date of filing to completion. The process requires filing the petition, serving notice on the District Attorney, law enforcement agencies, and the Louisiana Bureau of Criminal Identification, and allowing a 60-day objection period before the court enters the expungement order. Arrest expungements where no conviction occurred can sometimes move faster. Complex cases involving multiple charges or objections from the DA's office take longer.
An expungement removes the record from public access — including the databases that employers, landlords, and the general public can search. It does not physically destroy the record, which is maintained in sealed form by law enforcement and accessible to courts for future sentencing purposes. After an expungement, most people can truthfully answer 'no' to questions about prior arrests or convictions on employment and housing applications. Exceptions exist for government positions, law enforcement, and certain professional licensing applications.
Yes — many felony convictions can be expunged after a ten-year waiting period from completion of sentence, provided the conviction is not for a crime of violence as defined by La. R.S. 14:2(B), a sex offense, or a crime against a child. Drug offenses, property crimes, and many other non-violent felonies are eligible. The eligibility analysis requires examining the specific statute of conviction, the person's full criminal history, and the completion of the waiting period. Our firm conducts this analysis before advising on expungement eligibility.
Yes — and this is the most straightforward category of expungement in Louisiana. If charges were dismissed, the DA declined to prosecute, you were acquitted at trial, or the conviction was set aside, you are generally eligible to expunge the arrest immediately — with no waiting period. An arrest record without a conviction still appears in background checks and can affect employment and housing. Our firm treats arrest expungements as the fastest and highest-priority available relief.
Louisiana law excludes certain categories of offenses from expungement eligibility regardless of waiting period or circumstances. These include crimes of violence as enumerated in La. R.S. 14:2(B) — including armed robbery, aggravated assault, manslaughter, and murder — sex offenses requiring registration, crimes against children, and certain other serious offenses. Second and subsequent DWI convictions are also not eligible. Our firm evaluates your specific conviction to determine whether it falls within an excludable category before advising on expungement.