"Expungement" is a legal way to remove an arrest or conviction record from public view.  When a criminal record is expunged, employers, or the public should not be able to find out about it.  However, state law enforcement officials may still access records through the FBI database.  Federal law enforcement and state agencies, such as licensing boards, may also have access to expunged records.

A criminal record may keep you from getting schooling, housing, a job, a license, or a permit you need for a job.  An expungement can help you remove that record and help you get the shelter, education or job you need to support yourself and your family.

Usually, but not always.  Arrests which do not lead to a conviction usually can be expunged.  You can find the general rules for adult arrests at Louisiana Revised Statutes, Title 44, Section 9.  Most libraries have these laws.  An expungement does not remove a state arrest from federal records.  The laws of other states may be different.  For the rules on arrests in other states, you have to look at the other state's law.

If you are arrested by a federal agency, such as the FBI or the ATF, the rules are different. These arrests usually cannot be expunged.

A "misdemeanor" is any crime other than a felony.  A "felony" is a crime that may have a sentence of hard labor or death.  Battery of a police officer or school teacher is governed by the rules for expunging felonies.  A misdemeanor arrest record must be expunged if there was no conviction and:

1.  The time limit for beginning  prosecution of the offense has run out, or

2.   A prosecution was begun, but the case has been finally disposed of by dismissal, acquittal or motion to quash.

Sometimes, misdemeanor convictions can be expunged. More information about this appears below.

In Louisiana, felony arrest records may be expunged if there was no conviction and:

1.   A prosecution was begun and the case has been finally disposed of by acquittal, dismissal or a motion to quash and the record of arrest and prosecution for the offense has no substantial value as a prior act for any future prosecution, or

2.   The time limit for prosecution of the offense has run out and no prosecution was begun.

Sometimes felony convictions can be expunged. More information about this appears below.

Federal law doesn't allow it except for simple drug possession by persons under 21 years old.  This means that you usually will not be able to expunge a federal arrest record even if you were innocent and acquitted.  If you were arrested for violation of an unconstitutional statute or without any probable cause whatsoever, a federal court may expunge an arrest. 

Yes, but the rules are different from those for expungement of adult arrest records.  The rules for juvenile records are found at Articles 917 to 922 of the Louisiana Children's Code.  These are important points from the rules:

1.     You must be 17 years or older before you can apply for an  expungement of a juvenile record. 

2.      The law allows for expungement of arrests which did not result in an "adjudication" (i.e., conviction by guilty plea or trial).  

3.       Misdemeanor adjudication records may be expunged if it has been more than 2 years since you satisfied the most recent judgment against you. 

4.       Adjudication for certain felonies (those other than murder, manslaughter, kidnapping, armed robbery and sex crimes) might be expungeable if more than 5 years have passed since satisfaction of your last judgment.

In Louisiana, adult arrest and conviction records for an arrest that resulted in a conviction usually can not be expunged.  A "conviction" exists if you pleaded guilty or were found guilty.  A "conviction" exists even if you pled "no contest."

There are a few exceptions.  You may be able to get a conviction expunged if:  

1.    You were specifically placed on probation under Article 893 or 894 of the Louisiana Code of Criminal Procedure, successfully satisfied your probation and had the sentence vacated. 

2.     You had a federal conviction for simple drug possession and you were under 21 years old at the time. 

Immediately if a prosecuted case was finally disposed of by dismissal, acquittal or motion to quash.

After the time limit for prosecution has run out, if no prosecution took place.  The time limits for prosecution depend on the punishment for the particular crime:

No limit:     Crimes punishable by death or life imprisonment

10 years:    Certain sex offenses against children (computed from date of victim's 17th birthday)

6 years:      Felonies necessarily punishable by imprisonment at hard labor

4 years:      Felonies not necessarily punishable by imprisonment at hard labor

2 years:      Misdemeanors punishable by fine or imprisonment

6 months:   Misdemeanors punishable by fine

Some courts have form motions for expungement and you fill in the blanks.  Courts do expungements different ways.  Some courts require fees and some do not.  

For most misdemeanors, file a motion with the court in which the violation was prosecuted or to the district court located in the parish of the arrest if there was no prosecution. 

Expungements of felonies (and battery on a police officer or school teacher or aggravated assault) are done by motion to the district court for the parish in which you were arrested.  The motion must ask for a hearing with the district attorney and the arresting law enforcement agency. You must serve a motion and order for a hearing on the district attorney and the arresting agency.  Consider getting a lawyer since some district attorneys will oppose these expungements. 

This is a hard question.  There is no clear answer under current law.  Here are some things you should think about.

If you are being asked by someone other than a federal agency, you may want to speak with a lawyer.  The United States Equal Employment Opportunity Commission (EEOC) and several federal courts have held that an employer cannot lawfully ask for information on arrests that did not result in conviction.  The EEOC has also held that it is a discriminatory employment practice to fire an employee who failed to supply information on an arrest that did not lead to a conviction.  However, unlike some other states, Louisiana does not have a law that makes it illegal for employers to ask about prior arrests.

Remember that expunged state arrest records may still be in federal records.  It is a felony to lie on a federal application for a job or license.  You may want to speak with a lawyer if you are faced with a federal application that asks questions about arrest records, whether expunged or not.

Maybe.  It may or may not be legal to use it your as a reason not to hire you or give you a license or permit.  Talk with a lawyer if this happens to you.  Act quickly because there may be deadlines to go to court.