Louisiana Expungement for Human Trafficking Victims

A Separate Pathway With No Fees and No Waiting Period

Louisiana provides a distinct expungement pathway for survivors of human trafficking who were convicted of crimes that were a direct result of their victimization. This pathway removes two of the biggest barriers in the standard expungement process: the waiting period and the $550 filing fee.

Under amendments to La. C. Cr. P. Article 978, trafficking victims who can demonstrate that their conviction was directly connected to their trafficking experience are eligible for immediate expungement with a complete statutory exemption from all filing and processing fees. No five-year wait for misdemeanors. No ten-year wait for felonies. No $550 payment.

This provision recognizes what the standard expungement framework does not: that many trafficking survivors carry criminal records for offenses — prostitution, drug possession, theft, fraud — that they committed under the coercion and control of a trafficker. Holding those records against survivors who have already suffered exploitation compounds the harm.

What Qualifies as a Trafficking-Related Conviction

The pathway applies to convictions that resulted directly from the petitioner's status as a human trafficking victim. The most common qualifying offenses include:

• Prostitution and solicitation
• Drug possession (where the trafficker supplied or directed use)
• Theft and shoplifting (where the trafficker directed the activity)
• Fraud or identity-related offenses (committed under coercion)
• Trespassing and vagrancy
• Minor in possession offenses (for juvenile trafficking victims)

The critical legal element is the causal connection between the trafficking and the criminal conduct. The petitioner must demonstrate that the offense was committed as a direct result of being trafficked — not merely that trafficking occurred during the same time period.

How the Filing Process Differs

The trafficking victim pathway uses the same court filing mechanism as standard expungement — a motion filed with the Clerk of Court in the parish of arrest. But it differs in several important ways:

No filing fees. The complete $550 statutory fee is waived. This includes the $250 Louisiana State Police fee, the $200 Clerk of Court fee, the $50 District Attorney fee, and the $50 Sheriff fee. The petitioner owes nothing.

No waiting period. The standard five-year (misdemeanor) or ten-year (felony) waiting period does not apply. The petition can be filed immediately, regardless of when the conviction occurred or when the sentence was completed.

Supporting evidence. Because the petition relies on trafficking victim status, the court will expect documentation supporting the trafficking claim. This can include:

• Records from a trafficking victim service provider or shelter
• Police reports identifying the petitioner as a trafficking victim
• Federal T-visa or state trafficking victim certification
• Testimony from social workers, counselors, or advocates
• Court records from prosecution of the trafficker

Confidentiality protections. Trafficking victim expungement proceedings carry heightened confidentiality protections. Courts are generally receptive to sealed proceedings and in-camera review of trafficking evidence to protect the survivor's identity and safety.

The Evidentiary Challenge

The most difficult part of this process is not the paperwork — it is proving the trafficking connection to the court's satisfaction. Unlike a standard expungement where eligibility is mostly mechanical (was the waiting period met? is the offense category eligible?), the trafficking pathway requires the judge to evaluate the factual basis of the trafficking claim.

This evaluation is inherently subjective. Judges vary in their understanding of trafficking dynamics, and District Attorneys may object if they view the trafficking connection as too attenuated.

Survivors who have documentation from recognized trafficking service providers — organizations like Eden House in New Orleans, Covenant House, or the Louisiana Alliance of Children's Advocacy Centers — are in a stronger position. Formal records from these organizations carry significant weight with judges who may not be familiar with the dynamics of trafficking victimization.

Juvenile Trafficking Victims

Louisiana provides additional protections for juvenile trafficking victims. Juveniles who were convicted of crimes resulting from their trafficking experience may qualify for both the trafficking victim expungement pathway and the separate juvenile expungement provisions. When both apply, the juvenile receives the most favorable terms — no fees, no waiting period, and enhanced confidentiality protections specific to juvenile records.

Additionally, juveniles who completed a certified juvenile drug court program are exempt from all filing and processing fees regardless of trafficking status.

Organizations That Can Help

Because the trafficking victim pathway involves evidentiary complexity and potential DA objections, self-representation is harder than with a standard expungement. Several Louisiana organizations provide free or low-cost legal assistance specifically for trafficking survivors:

• Justice & Accountability Center of Louisiana (JAC) — provides expungement assistance and can help document the trafficking connection
• Louisiana Foundation Against Sexual Assault (LaFASA) — connects survivors with legal advocates
• Southeast Louisiana Legal Services (SLLS) — offers free civil legal services including record relief for trafficking survivors in the greater New Orleans area

These organizations can help prepare the evidentiary package, draft the motion, and provide courtroom advocacy if the DA objects.

Why This Matters Beyond the Record

For trafficking survivors, the criminal record is not just an employment or housing barrier — it is a tool of continued control. Traffickers frequently use a victim's criminal record as leverage: threatening to report them to authorities, reminding them that their record makes them unemployable outside the trafficking situation, or using it to discredit them as witnesses.

Expunging trafficking-related convictions removes that leverage. It also removes the public record that forces survivors to disclose their victimization history every time they apply for a job, an apartment, or a professional license.

The Louisiana Expungement & Record Sealing Guide covers the standard expungement pathway in detail. Trafficking survivors should also connect with one of the organizations above for case-specific guidance on the victim-specific pathway.

See more Louisiana guides →