6.3.2 Other Types of Fee Waivers

In addition to the district attorney fee waiver, there are other less common routes to a fee waiver. Under La. C.Cr.P. art. 983(I), a person determined factually innocent and entitled to compensation under La. R.S. 15:572.8 does not have to pay an expungement fee, but must file an expungement to seal the record of conviction. Under La. C.Cr.P. art. 983(J), a person who receives an executive or “gold seal” pardon may also expunge their record without paying a fee, but this does not apply to First Offender Pardons. Executive pardons can include a pardon from a city or parish entity with pardon authority. Under La. C.Cr.P art. 983(G) and La. Ch.C. art. 924, juvenile records can be expunged without cost or fee.

Under La. C.Cr.P. art. 983(H), an individual who can prove that the crimes were committed as the result of human trafficking can receive a specific waiver from the district attorney’s office using a form available in La. C.Cr.P. art. 997. The individual bears the burden and must prove by a preponderance of the evidence to the district attorney that the offense was committed in substantial part as the result of being a victim of human trafficking. This certification will also waive any time delays in Articles 977 and 978 and the required fees in Article 983. A single certification from a district attorney’s office can also be used to expunge records in other parishes in Louisiana if the offenses were committed during the time period the DA recognizes that the individual was being trafficked.