4.4 Misdemeanor Convictions

Eligibility for expungement of these records is governed by Article 977 of the Code of Criminal Procedure.

In general, expungement of a misdemeanor conviction requires a 5-year waiting period after completion of the misdemeanor sentence and no felony conviction during that 5-year period. However, if the sentence was deferred under La. C.Cr.P. art. 894(B) and successfully set aside, the waiting period does not apply. The fact that subsequent felony convictions may alter eligibility for expungement of a misdemeanor conviction reinforces the importance of having a complete picture of a person’s record.

There are several misdemeanor offenses that are never eligible for an expungement under any circumstance, including domestic abuse battery and stalking.1  Practitioners should be especially careful if the misdemeanor conviction arises from an arrest for a felony sex offense; typically, this happens if an individual pleads guilty to a misdemeanor offense regarding the incident of arrest. In this situation, the individual is only eligible for an “Interim Expungement” under La. C.Cr.P. art. 985.1. The interim expungement will remove the felony arrest record from public view, but the misdemeanor conviction can never be expunged.

• 1La. C.Cr.P. art. 977(C).