Expungement of arrest-only records is controlled by Article 976 of the Code of Criminal Procedure.
An arrest can be expunged if any of the following apply:
- The offense was not prosecuted.
- The charges were dismissed.
- Prescription has run.
- The conviction was overturned on a finding of factual innocence.
Prescription rules vary by offense.1 While noncapital offenses generally have a prescriptive period of six years or less,2 the period has been extended for certain offenses such as certain sex offenses or when individuals were indicted for an offense punishable by death or life imprisonment. If there is no evidence that the charges were disposed of by the court, expungement may be unavailable if a lengthier prescriptive period has not run.
If an arrest-only incident is eligible for expungement, there is no required waiting period; the expungement can be filed at any time, even if the person has later convictions. However, if the arrest was for a DWI offense (under La. R.S. 14:98 or a similar parish or municipal ordinance) and the individual completed pretrial diversion, additional time limitations may apply.3 Check the current version of the statutes carefully.