4.5 Felony Convictions

Eligibility for expungement of the record of a felony conviction is controlled by Article 978 of the Code of Criminal Procedure.

In general, an individual is eligible for expungement when the conviction is not for an ineligible offense under paragraph (B) and one of the following apply:

• The conviction was set aside under La. C.Cr.P art. 893(E) following successful completion of probation for a “deferred” sentence or successful completion of a drug court program.1
• It has been 10 years since the completion of a sentence, probation, or parole for a felony offense, and the individual has no other convictions (either felony or misdemeanor) during that 10-year period.
• The individual received a First Offender Pardon (unless the offense was for a crime of violence or certain sex offenses).

In practice, many individuals may not know if they qualify for a First Offender Pardon. These are automatically created and generated by the Department of Probation and Parole upon completion of a person’s sentence. There are some limits on eligibility under La. R.S. 15:572(B). To check eligibility, request a copy of this letter from the person’s file. To do so, contact the District Office that supervised the person on felony probation or parole. If the person was never under supervision, contact the District Office for the jurisdiction of the sentencing court.

All exceptions to felony expungement eligibility are listed in paragraph (B) of Article 978 and have remained fairly consistent, but should be confirmed during the screening process. Ineligible felony offenses currently include:

• Any crime of violence defined in La. R.S. 14:2(B) unless the conviction falls within the paragraph (E) exceptions (as listed at the time of the application for expungement, not as listed at the time of conviction)
• Any sex offense or a criminal offense “against a victim who is a minor” as both are defined in R.S. 15:541
• A conviction for distribution of a controlled dangerous substance under R.S. 40:966(A), 967(A), 968(A), 969(A), or 970(A) unless a First Offender Pardon has been granted
• Felony domestic abuse battery

Paragraph (E) of Article 978 provides a limited exception to the list of ineligible offenses under Paragraph (B) (i.e., it is an exception to the exception). The following crimes can be expunged if 10 years have elapsed since the completion of the sentence, probation, or parole: aggravated battery, second degree battery, aggravated criminal damage to property, simple robbery, purse snatching, or illegal use of weapons or dangerous instrumentalities.

• 1La. C.Cr.P. art. 893(E)(4). A person may have only two felony set asides in one lifetime. La. C.Cr.P. art. 893(E)(2), (3)(c).