An arrest is not a conviction—but it still shows up on your record.
In New Orleans, a “dropped” case or a “refused” charge doesn’t just disappear. Even if you were never prosecuted, the record of your arrest remains publicly accessible to employers, landlords, and professional licensing boards. Under Louisiana Code of Criminal Procedure Article 976, you have the right to have these non-conviction records sealed. This arrest record is part of your legal record, and the expungement process involves filing the necessary paperwork with the clerk’s office to have it sealed.
Understanding the Impact of Criminal Records
A criminal record can cast a long shadow over your life, even if you were never convicted of a crime. In New Orleans and throughout Louisiana, having an arrest or criminal charge on your record can limit your chances for employment, housing, and even professional licensing. Many employers, landlords, and financial institutions routinely conduct background checks, and a visible record can lead to lost opportunities and social stigma.
The criminal justice system in Louisiana does provide a path to clear your name through the expungement process. Expungement removes your criminal record from public access, making it confidential and inaccessible to most employers and the general public. However, certain law enforcement agencies and professional boards, such as the Louisiana Attorney Disciplinary Board, may still have access to expunged records for specific purposes.
Navigating the expungement process in Orleans Parish can be challenging. It involves multiple steps, including filing a motion for expungement with the clerk of court, obtaining a background check, and paying required expungement fees. The process also requires coordination with the Criminal District Court, the Louisiana State Police, and other state agencies. Eligibility for expungement is determined by Louisiana law, and certain offenses—such as sex offenses and some felony convictions—are not eligible. Individuals with prior felony convictions or pending felonies may also face additional restrictions.
The District Attorney plays a key role in certifying eligibility for a fee waiver, which can help reduce the financial burden of expungement. For those with juvenile records, the Orleans Parish Juvenile Court has its own procedures for sealing records, offering young people a chance to move forward without the weight of a past mistake.
Because the process is complex and small errors can result in costly delays or even denial, it is highly recommended to seek legal assistance from a law office experienced in expungements. The NOPD Expungement Unit and the Clerk of Court often face backlogs, and mistakes in paperwork can lead to rejection and loss of the non-refundable filing fee. Professional guidance ensures that your expungement motion is properly prepared and submitted, increasing your chances of having your record expunged.
Taking control of your criminal history through expungement can open doors and help you rebuild your life. Understanding the impact of a criminal record and the steps involved in the expungement process is the first step toward a brighter future in New Orleans and beyond.
When Can You Expunge an Arrest?
Unlike convictions, which require a “cleansing period” of 5 or 10 years, many arrest-only records are eligible for immediate expungement. However, arrest records are not automatically expunged; you must go through a formal process to have them removed.
You may be eligible to clear your record under Art. 976 if:
- Charges were Refused: The Orleans Parish District Attorney (OPDA) declined to prosecute your case.
- Nolle Prosequi: The prosecution was formally dismissed after being initiated, meaning the court or DA decided to dismiss prosecution.
- Acquittal: You were found “Not Guilty” after a trial at the Criminal District Court.
- Pre-Trial Diversion: You successfully completed a diversion program, resulting in a dismissal of all charges.
A court date may be set for a hearing on your expungement motion, depending on the circumstances.
If you have pending charges, this may affect your eligibility for expungement.
Interim expungement may be available if your case was resolved in your favor, such as a dismissal or acquittal, before the standard waiting period. Both felony arrests and misdemeanor convictions or misdemeanor offenses may be eligible for expungement under certain conditions. First offenders, those who have received a first offender pardon, or an offender pardon may have special eligibility for expungement. The type of criminal offense and whether you have completed probation can also impact your eligibility.
The expungement process begins by obtaining an expungement packet from the court, which contains the necessary forms to file your motion. Procedures may vary across Louisiana parishes, including East Baton Rouge and West Baton Rouge, so be sure to check local requirements.
Consult an attorney for guidance tailored to your particular situation.
The Bloom Legal Advantage: Proactive Record Clearing
An arrest-only expungement requires specific documentation to prove the case was resolved in your favor. Bloom Legal manages the entire administrative burden:
Expungement can also help clear your driving record if the arrest affected your driving privileges. The expungement process is only finalized when the judge grants or the court grants your motion, at which point your record is sealed or erased and you receive official court documentation.
While expunged records are removed from public view, certain agencies such as the Louisiana Department, Louisiana State Board, Medical Examiners, Disciplinary Counsel, and the Louisiana Supreme Court Committee may still retain access to these records for regulatory or oversight purposes. Expunged records may also be reviewed during bar admissions or by professional licensing boards.
For more information on expungement procedures, see our related resources.
1. DA Certification & Fee Waivers
Under La. C.Cr.P. Art. 983, if your charges were dismissed or you were acquitted, you may be eligible for a statutory fee waiver. We coordinate with the Orleans Parish District Attorney’s Office at 619 S. White Street to secure the necessary certification, potentially saving you significant court costs.
2. Record Retrieval from Tulane & Broad
We pull your certified minutes and the “Bill of Information” directly from the Orleans Parish Clerk of Court to confirm the exact date and reason for your dismissal.
3. Comprehensive Agency Notification
Even if the court clears the record, the NOPD and the Louisiana State Police may still hold the arrest data. We ensure all relevant agencies are served with the final Order of Expungement so your background check is clear across all databases.
Frequently Asked Questions
Does a dismissed charge automatically disappear?
No. Many people mistakenly believe that if a judge dismisses a case, the record is gone. In reality, the arrest record remains “public” until you file a Motion for Expungement and a judge signs the order to seal it.
What if I was arrested but never even went to court?
If you were booked into the Orleans Parish Justice Center but the DA never filed formal charges, you still have an arrest record. We can file an expungement based on “time-barred” prosecution or a formal refusal by the DA.
How long does an arrest-only expungement take?
While the 60-day agency notice period still applies, arrest-only cases are often more straightforward than convictions. Most are resolved within 4 to 6 months.
