Crimes That Cannot Be Expunged in Louisiana: Excluded Offenses

Louisiana Expungement Has Hard Limits

Louisiana's expungement statutes are among the more expansive in the country — but they are not universal. Certain categories of convictions are categorically excluded, meaning no amount of time served, rehabilitation completed, or probation satisfied will make them eligible for record sealing.

Understanding where these lines fall matters because filing an ineligible petition wastes the $550 non-refundable filing fee and months of processing time. The Clerk of Court will accept the filing (they are not responsible for screening eligibility), the agencies will review it during the 60-day objection window, and then the District Attorney or Louisiana State Police will object — sending you to a hearing you cannot win.

Sex Offenses Requiring Registration

Any conviction for a sex offense that requires registration under La. R.S. 15:541 is permanently ineligible for expungement at both the misdemeanor and felony level. This includes but is not limited to:

• Aggravated rape, forcible rape, simple rape
• Sexual battery and second-degree sexual battery
• Indecent behavior with juveniles
• Molestation of a juvenile
• Pornography involving juveniles
• Computer-aided solicitation of a minor
• Human trafficking for sexual purposes

The exclusion is absolute. There is no set-aside path, no waiting period, and no judicial discretion that can override it. If the offense appears on the registry list under R.S. 15:541, expungement is not available.

The only potential relief for sex offense convictions is executive clemency through the Louisiana Board of Pardons and the Governor — but a pardon does not seal the record. It restores certain civil rights while the conviction remains fully visible on background checks.

Crimes of Violence Under R.S. 14:2(B)

Louisiana defines "crimes of violence" in R.S. 14:2(B) with a specific enumerated list. Felony convictions for crimes on this list are generally ineligible for expungement under Article 978. The list includes:

• Murder (first degree, second degree)
• Manslaughter
• Aggravated battery, second-degree battery
• Aggravated assault with a firearm
• Kidnapping, simple kidnapping
• Robbery (armed, first degree, simple)
• Carjacking
• Terrorizing
• Assault by drive-by shooting
• Stalking (felony)
• Cruelty to juveniles

The narrow exception under Article 978(E): A small subset of these crimes of violence — specifically second-degree battery (R.S. 14:34.1) and simple robbery (R.S. 14:65) — may be eligible for expungement, but only through a mandatory contradictory hearing. The petitioner must appear in court and present evidence of rehabilitation while the DA, arresting agency, and LSP argue against sealing. The judge has full discretion, and approvals are uncommon.

This hearing requirement makes self-representation extremely difficult for violence-eligible cases. If your conviction falls under Article 978(E), you almost certainly need a criminal defense attorney.

Domestic Abuse Battery

Domestic abuse battery convictions are excluded at both the misdemeanor and felony level:

• Misdemeanor domestic abuse battery is explicitly excluded from Article 977's misdemeanor expungement pathway. It does not matter how long ago the conviction occurred or how minor the underlying conduct was — if the charge was domestic abuse battery, it cannot be expunged.
• Felony domestic abuse battery is excluded under Article 978's felony pathway as a crime of violence.

This exclusion also has a critical federal consequence. Under the Lautenberg Amendment (18 U.S.C. § 922(g)(9)), any misdemeanor conviction involving the use or attempted use of physical force against a domestic partner carries a permanent federal firearm prohibition that no state-level relief can remove.

Stalking convictions under R.S. 14:40.2 are similarly excluded from misdemeanor expungement.

Drug Trafficking Above Five Years

Not all drug convictions are excluded — in fact, Louisiana recently expanded access to drug offense expungement. Simple possession, first-offense marijuana possession (eligible after 90 days under Act 342), and many distribution charges are eligible for expungement under the standard waiting periods.

However, drug trafficking offenses that carry a potential sentence exceeding five years of imprisonment are excluded from felony expungement under Article 978. The distinction is between possession or low-level distribution (eligible) and large-scale trafficking (excluded).

Arrest Records Are Different

A critical distinction that trips people up: the exclusions above apply to convictions. Arrest records that did not result in a conviction — including arrests for crimes of violence, sex offenses, and domestic abuse that were ultimately dismissed, refused by the DA, or resulted in acquittal — remain eligible for expungement under Article 976.

If you were arrested for aggravated battery but the charges were dropped, you can expunge the arrest. If you were arrested for a sex offense but acquitted at trial, you can expunge the arrest. The arrest-only pathway has no categorical exclusions because there was no conviction.

What to Do if Your Conviction is Excluded

If your conviction falls into one of the excluded categories, your options are limited but not zero:

Governor's pardon through the Board of Pardons. A pardon does not seal your record, but it restores civil rights (voting, jury service, holding public office) and may restore firearm rights for non-domestic-violence convictions.

Habitual offender relief. If the excluded conviction was used to enhance a later sentence under Louisiana's habitual offender law, expunging the later (non-excluded) conviction may still be possible.

Legislative change. Louisiana has expanded expungement eligibility several times in recent years (Act 580 in 2024, the marijuana 90-day rule in 2023, HB 435 in 2026). Future legislative sessions may further expand access.

For convictions that are eligible for expungement, the Louisiana Expungement & Record Sealing Guide walks through the full process from eligibility determination through post-order enforcement.

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