1.1 Importance of Expungement

Louisiana arrests and incarcerates more people per capita than any other place in the world; 680 of every 100,000 residents are currently incarcerated.1  The incarceration rate has been lowered recently, in part due to 2017 legislative reforms known as “Justice Reinvestment.” These reforms updated sentencing calculations to allow more individuals to return to their communities. The strength of Louisiana’s economy and workforce relies, in part, on the ability of all its residents to obtain gainful employment, start new businesses, seek higher education, and pursue professional licensure. However, a criminal record often presents an obstacle to achieving those goals.

Although the record of a conviction may be the most obvious target of expungement, even a mere arrest creates a criminal record, regardless of whether criminal charges are ever filed. Both arrest and conviction records are publicly available and widely used to deny employment, housing, education, and other services to individuals and their families.  In addition to employment and housing denials based on criminal records, individuals may also face licensing denials across a plethora of occupations, restricted voting rights for a period of time, increased insurance rates, denial of federal or private loans for education or disaster assistance, and restrictions on family and parental rights. The risk of exposure to these collateral consequences has increased with the expansion of internet-based search sites and the wider availability of programs that scrub data from law enforcement, clerk, and court websites.

• 1Prison Population by State 2022, World Population Rev.