Louisiana DWI Expungement: Waiting Periods, Diversion Rules, and Filing Steps

DWI Expungement Has Different Rules

Louisiana treats DWI cases differently from other offenses at several points in the expungement process. The waiting periods, fee structures, and required documentation all carry DWI-specific requirements that catch filers off guard if they follow generic expungement instructions.

DWI Diversion: The Five-Year Waiting Period

If you completed a pretrial diversion program for a DWI offense under R.S. 14:98, a mandatory five-year waiting period applies before you can file for expungement — even though the disposition is technically a dismissal.

For most non-conviction arrests, Article 976 allows immediate filing once the charges are dismissed. DWI diversion is the explicit exception. The five-year clock starts from the date of the arrest, not from the date you completed the diversion program.

This also means that DWI diversion completions do not qualify for the DA Certificate of Fee Waiver. Even though the case ended in a dismissal, the diversion pathway disqualifies you from fee reduction under the standard DA waiver rules. You pay the full $550 filing fee or qualify through the In Forma Pauperis route.

DWI Conviction Expungement

If your DWI resulted in a misdemeanor conviction (first or second offense DWI is typically charged as a misdemeanor in Louisiana), standard Article 977 rules apply:

Standard track: Five years must pass after completing your sentence, probation, or parole. No felony convictions during that window, no pending felony charges, and DA certification required.

Article 894(B) deferred track: If you entered a guilty plea under deferred sentencing and completed probation, the court can set aside the conviction. This requires filing a separate Motion to Set Aside before filing the Motion for Expungement, but it eliminates the five-year wait.

Third and subsequent DWI offenses are felonies in Louisiana. Felony DWI expungement follows Article 978 rules — ten-year wait after sentence completion, no subsequent convictions, and no pending charges. The felony exclusions for crimes of violence do not typically apply to DWI, but the ten-year clean period is strict.

The OMV Repository Fee

DWI expungements require an additional $50-$100 Department of Public Safety/Office of Motor Vehicles fee that other offense types do not carry. This fee clears the administrative driving record held by the OMV, which is separate from the criminal record held by Louisiana State Police.

If you do not pay this fee and clear the OMV record, the DWI may disappear from your criminal background check but still appear when an employer or insurer checks your driving history. Both records need to be addressed.

You may also need an OMV repository letter confirming the status of your driving record as part of your expungement documentation.

Marijuana Possession: The 90-Day Fast Track

First-offense misdemeanor convictions for simple possession of marijuana, tetrahydrocannabinol, or chemical derivatives qualify for a dramatically reduced timeline and fee structure under Act 342 of 2023 (codified in Article 983(I)):

• Waiting period: 90 days from the date of conviction (versus five years for other misdemeanors)
• Total fee: $300 (versus $550), broken down as $150 to the Clerk, $50 to LSP, $50 to the DA, and $50 to the Sheriff

This is the fastest, cheapest pathway to conviction expungement in Louisiana. It applies specifically to first-offense possession — not distribution, not manufacturing, and not second or subsequent offenses.

Other Drug Charges

Non-marijuana drug charges follow standard eligibility rules. Misdemeanor drug convictions fall under Article 977 (five-year wait). Felony drug convictions fall under Article 978 (ten-year wait), with the important exception that drug trafficking offenses carrying a potential sentence exceeding five years are categorically ineligible for expungement.

For drug arrests that did not result in conviction — DA refused charges, case dismissed, or acquittal — standard Article 976 applies with no waiting period (except the five-year DWI diversion rule described above, which applies specifically to R.S. 14:98 offenses).

Filing a DWI Expungement

The filing process is the same seven-stage sequence used for all Louisiana expungements: Right to Review background check, set-aside motion (if applicable), packet preparation, filing with the $550 fee (or $300 for marijuana), 60-day objection window, judicial order, and post-order enforcement. The additional DWI steps are the OMV repository fee and the OMV driving record letter.

The Louisiana Expungement & Record Sealing Guide includes the DWI-specific filing requirements, OMV coordination, and the marijuana fast-track fee structure.

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