Louisiana Article 894 Expungement: Set-Aside, Dismissal, and What Comes Next

What Article 894 Actually Does

Article 894(B) of the Louisiana Code of Criminal Procedure allows a judge to defer sentencing for misdemeanor convictions. Instead of imposing a sentence, the court places the defendant on probation. If you complete probation successfully, the judge can set aside the conviction and dismiss the prosecution.

Article 893(E) does the same thing for felony convictions. Both provisions let the court convert a guilty plea into a non-conviction — legally treated as an acquittal — upon successful probation completion.

The critical thing most people misunderstand: the set-aside is not the same as an expungement. After probation completion and set-aside, you have a dismissed case — but the arrest record, booking record, and original charge still exist in public databases. To actually remove those records from public view, you need to file a separate Motion for Expungement.

The Two-Step Process

If you were sentenced under Article 894(B) (misdemeanor) or Article 893(E) (felony), record clearing requires two distinct filings:

Step 1: Motion to Set Aside Conviction and Dismiss Prosecution

This motion is filed under the original docket number in the court that handled your case. You are asking the judge to formally set aside your conviction and dismiss the prosecution based on your successful probation completion.

The judge reviews your probation record. If you satisfied all conditions — reporting requirements, restitution, community service, fees — the judge signs an Order of Dismissal. This legally converts your conviction into an acquittal.

The Clerk of Court charges approximately $60 for processing the set-aside motion.

Step 2: Motion for Expungement

Only after the judge has signed the set-aside order can you file the Motion for Expungement using the standardized uniform forms (EXP 5 and EXP 8). The $550 filing fee applies (or an IFP waiver if you qualify).

Because the set-aside converted your conviction to a non-conviction, you bypass the standard waiting periods: no five-year wait for misdemeanors, no ten-year wait for felonies. You can file for expungement immediately after the set-aside order is signed.

The Mistake That Delays Everything

The most common error is filing the Motion for Expungement without first completing the set-aside. If the conviction has not been formally set aside, you are technically filing as a person with an active conviction. That subjects you to the standard waiting periods (five years for misdemeanors, ten years for felonies) and the DA certification requirements.

People assume that completing probation automatically sets aside their conviction. It does not. The set-aside requires a separate court motion, a separate filing, and a judge's signature. Without that order on file, the expungement clock has not started running favorably.

What Happens Between the Two Filings

After the set-aside but before the expungement, your record exists in an unusual state. The conviction is dismissed — meaning you can legally answer "no" when asked if you have been convicted. But the arrest record is still publicly visible. Background checks will show the arrest, the original charge, and the dismissal. Only the expungement seals it from public view.

Some people stop after the set-aside, thinking the dismissal is sufficient. For employment purposes it might be — some background check companies report the dismissal notation. But the arrest itself remains visible, and many employers see an old arrest and decline to investigate whether it was resolved. The expungement removes the record entirely from commercial screening databases.

Timing Considerations

If you are planning to file both motions, the most efficient approach is to prepare both packets simultaneously. As soon as the judge signs the set-aside order, you can walk the expungement motion to the same Clerk of Court window and file immediately.

Your Right to Review background check must be dated within 60 days of your expungement filing date — so time your LSP background check accordingly. Getting the background check too early means it may expire before you complete the set-aside and are ready to file for expungement.

The Fee Structure

The total cost for both filings:

• Set-aside motion processing: ~$60
• Expungement filing fee: $550 (split among LSP, Clerk, DA, and arresting agency)
• Background check: $26-$50
• Additional court minutes, money orders, and notary fees: $20-$60

Total: approximately $660 to $720 for the complete two-step process.

The Louisiana Expungement & Record Sealing Guide covers both the set-aside motion and the expungement filing, including the exact sequence and timing to complete both steps efficiently.

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