Louisiana Article 893 Set Aside: Felony Deferred Sentence to Expungement

The Set-Aside That Unlocks Immediate Expungement

If you pled guilty to a felony in Louisiana and were sentenced under the deferred provisions of La. C. Cr. P. Article 893(E), you have access to one of the most powerful tools in Louisiana record relief: the ability to have your conviction set aside, the prosecution dismissed, and then immediately file for expungement — bypassing the standard ten-year waiting period entirely.

This is not the same as the ten-year cleansing track under Article 978. It is a faster pathway that is available specifically to people who completed probation under a deferred felony sentence. But there is a catch that trips up nearly every self-represented filer: the set-aside and the expungement are two separate filings. You must complete one before you can start the other.

How Article 893(E) Deferred Sentencing Works

When a judge sentences a first-time felony offender under Article 893(E), the conviction is entered on the record but the sentencing is deferred. Instead of serving prison time, the defendant is placed on supervised probation with conditions. The judge retains the ability to impose the full sentence if the defendant violates probation.

The key provision: if the defendant successfully completes all conditions of probation without a violation, the court has the authority to set aside the conviction and dismiss the prosecution. This dismissal operates legally as an acquittal — meaning the case is treated as if the conviction never happened.

This is distinct from simply completing probation. Completing probation alone does not set aside the conviction. You must file a separate Motion to Set Aside Conviction and Dismiss Prosecution under Article 893(E), and the judge must sign the order. Until that motion is filed and granted, the felony conviction remains fully active on your record.

Step 1: File the Set-Aside Motion

The Motion to Set Aside is filed under the original criminal docket number in the parish where you were convicted. You are asking the judge who originally deferred your sentence to now follow through on the statutory promise: you completed probation, so the conviction should be set aside and the case dismissed.

You will need:

• A certified copy of your probation discharge or termination letter from the Division of Probation and Parole
• Certified court minutes showing the original sentence under Article 893(E)
• Verification that you completed all conditions of probation (restitution paid, community service completed, any treatment programs finished)

Most parishes charge a filing fee for the set-aside motion, typically $60 for the clerical processing. This is separate from and in addition to the expungement filing fee.

The set-aside is usually granted without a hearing if your probation records are clean. Once the judge signs the order, the conviction is legally dismissed and your case is reclassified as an acquittal.

Step 2: File for Expungement

With the set-aside order in hand, you can now file for expungement. But here is the critical advantage: because the conviction has been set aside and dismissed, your case is no longer a felony conviction under Article 978 (which requires a ten-year wait). It is now a non-conviction under Article 976, which has no waiting period.

This means you can file the Motion for Expungement immediately after the set-aside order is signed. You do not need to wait ten years. You do not need to wait at all.

The expungement filing follows the standard process: complete the uniform forms (EXP 5, EXP 7, EXP 8), attach your certified background check and court minutes (including the new set-aside order), pay the $550 filing fee, and file with the Clerk of Court.

The Sequence Error That Costs $550

The most expensive mistake people make with Article 893(E) is filing for expungement without first filing the set-aside. If you skip the set-aside and go straight to an expungement motion, you are filing as a felony conviction under Article 978 — which means you need to meet the ten-year waiting period. If you have not yet hit ten years, the petition will be denied.

And the $550 filing fee is non-refundable.

The correct sequence is always: set-aside first, then expungement. Two separate motions, two separate orders, two separate filings. Do not try to combine them into one motion — they are governed by different code articles with different procedural requirements.

Article 893 vs Article 894

Article 893(E) applies to felony convictions. Article 894(B) applies to misdemeanor convictions. The mechanism is the same — deferred sentencing followed by a set-aside and dismissal — but the underlying code articles and eligibility criteria differ.

If you completed misdemeanor probation under Article 894(B), the set-aside converts your misdemeanor conviction into a non-conviction, and you can file for expungement under Article 976 without the five-year misdemeanor waiting period.

The existing Article 894 post covers the misdemeanor pathway in detail. This post focuses on the felony pathway under Article 893.

Who Qualifies for Article 893(E)

Not every felony conviction is sentenced under Article 893(E). The deferred sentencing provision is typically used for:

• First-time felony offenders with no prior felony convictions
• Non-violent felony offenses (drug possession, theft, fraud, forgery)
• Cases where the judge determined that probation served the interests of justice better than incarceration

If you are not sure whether your original sentence was under Article 893(E), check your certified court minutes. The docket entry should reference Article 893 specifically. If it does not, your sentence was under standard sentencing provisions, and you will need to use the ten-year waiting period track under Article 978 instead.

The First Offender Pardon Connection

There is overlap between the Article 893(E) pathway and the First Offender Pardon pathway. If you completed your first felony sentence (whether under 893(E) or standard sentencing) without a subsequent felony, you receive an automatic First Offender Pardon under the Louisiana Constitution.

The First Offender Pardon restores civil rights and independently allows you to file for immediate expungement under Article 978(A)(3) — a separate fast-track that does not require a set-aside.

If your sentence was under Article 893(E), you have two independent paths to immediate expungement: the set-aside route (893 → 976) and the First Offender Pardon route (978(A)(3)). Either one works. The set-aside route is generally simpler because it converts the case to a non-conviction, making the expungement filing more straightforward.

The Louisiana Expungement & Record Sealing Guide walks through both pathways with checklists for each motion and the correct filing sequence.

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