La. C.Cr.P. art. 983(L) provides for the use of the in forma pauperis (IFP) provisions to allow an individual not otherwise eligible for a fee waiver to file an expungement without paying the statutory filing fees up front. This paragraph inserts Articles 5181 to 5188 of the Code of Civil Procedure into the Code of Criminal Procedure, so all procedures, standards, and outcomes from the civil in forma pauperis laws apply in the expungement context. This is the most likely route to avoiding filing fees for pro bono clients.
This provision has been law since 2018, but with very little use to date, practitioners may need to assist clients and provide judicial education in obtaining IFPs before filing expungements. Advocates are strongly encouraged to work with their indigent expungement clients to expand access to courts and expungements through this provision. Knowing the immediate and positive impact increased availability of expungements will have on Louisiana’s economy and families, the legislature intended to provide access to more individuals who are eligible for expungements, and costs should never be a barrier to court access.
Because this manual addresses the procedure for IFP filing in greater detail elsewhere,1 this chapter will focus on special considerations when using IFP to obtain an expungement.
- 1For more detailed discussion of IFP procedures, see the chapter on In Forma Pauperis Filings.