6.4.4 Avoiding Court Debt

When working with clients pursuing IFP, keep in mind that no one should be required to file their expungement until the IFP is granted because denial of the IFP could generate an eventual court debt that the person cannot afford. According to La. C.Cr.P. art. 983(C), the clerk must collect the filing fee at the time the expungement is filed, therefore it is critical to get the IFP granted prior to filing the expungement motion, unless the person has an alternative fee waiver or plans to pay the filing fees.

It is also critical for practitioners and their clients to ensure that an expungement does not generate a later court debt. Under La. C.C.P. art. 5186, “[i]f judgment is rendered in favor of the indigent party, the party against whom the judgment is rendered shall be condemned to pay all costs due . . . .” Because an expungement is different from civil litigation, practitioners and their clients should ensure that the record states that the Order for Expungement is a judgment in favor of the indigent client for the purposes of waiving all fees associated with the expungement. Costs do not need to be cast on any opposing party, but it should be clear that no agency or office can attempt to collect on any of the $550 after the order is granted.

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.