A misdemeanor conviction—whether for simple battery, shoplifting, or a first-offense possession—can stay on your public record indefinitely, appearing in background checks for jobs, housing, and professional licenses. However, under Louisiana Code of Criminal Procedure Article 977, most misdemeanor records can be expunged.
At Bloom Legal, we specialize in the process-driven approach to clearing misdemeanor records. We handle the technical document retrieval and agency coordination to ensure your past doesn’t block your future.
Eligibility: Can Your Misdemeanor Be Cleared?
In Louisiana, you are generally eligible to expunge a misdemeanor conviction if you meet one of the following two criteria:
1. The 5-Year Cleansing Period
The most common path to expungement requires a 5-year wait. You may file a motion if:
- Sentence Completion: At least five years have passed since you completed your sentence, including all probation, parole, and payment of fines.
- No Felony Convictions: You have not been convicted of any felony offense during that 5-year window.
- No Pending Charges: You must have no active felony charges pending against you.
2. Article 894 (Immediate Eligibility)
If you pleaded guilty under Article 894(B) and successfully completed your probation, the court can “set aside” the conviction and dismiss the prosecution. In this case, you are eligible for an expungement immediately upon dismissal, without waiting five years.
Which Misdemeanors Cannot Be Expunged?
Louisiana law protects public access to records for certain sensitive offenses. You are generally not eligible for expungement if the misdemeanor conviction involved:
- Domestic Abuse Battery: Convictions for domestic violence are strictly ineligible.
- Stalking: Convictions under R.S. 14:40.2.
- Sex Offenses: Any misdemeanor arising from a sex offense as defined in R.S. 15:541.
- Crimes Against Minors: Offenses where the victim was a minor.
The 2026 Misdemeanor Expungement Process
While the 2025/2026 Automated Expungement laws have begun clearing simple records with a CMIS number, many misdemeanor files—especially those in older city courts—still require a manual filing.
- DA Certification: We secure a mandatory certificate from the District Attorney verifying your 5-year clean record.
- State Background Check: We obtain a formal fingerprint-based “Rap Sheet” from the Louisiana State Police.
- Filing the Motion: We file the formal petition in the court where the conviction occurred (e.g., New Orleans Municipal Court or the 24th JDC).
- Agency Service: Once the judge signs the order, it must be served to the arresting agency, the DA, and the State Police to ensure the record is sealed.
Frequently Asked Questions
Can I expunge a first-offense Marijuana charge?
Yes. Under recent updates to Article 977(D), first-offense possession of marijuana convictions can often be expunged after a significantly shorter waiting period (90 days) than standard misdemeanors.
How much does it cost to expunge a misdemeanor?
The standard court filing fee is $550. However, if your case was dismissed or you were found not guilty, you may qualify for an Article 983 Fee Waiver, reducing the government cost to $0.
How long does the process take?
For a misdemeanor, the process typically takes 6 to 10 months from filing to the moment the record is fully removed from background check databases.
Start Your Fresh Start Today
The Bloom Legal Expungement Center handles the heavy lifting of the Louisiana court system. We manage the paperwork, the money orders, and the court hearings so you don’t have to.
