Louisiana Misdemeanor Expungement: Eligibility, Waiting Periods, and Dismissed Charges

Misdemeanor Arrests vs. Misdemeanor Convictions

The rules are fundamentally different depending on whether your case ended in a conviction or not. Louisiana separates these into two distinct statutory pathways, and many people apply the wrong one.

Dismissed, Refused, or Acquitted (Article 976)

If your misdemeanor case ended without a conviction — the DA refused to prosecute, the charges were dismissed, a motion to quash was sustained, or you were acquitted at trial — you file under Article 976.

There is no waiting period for non-conviction arrests. You can file immediately, even if you have subsequent convictions on your record. The arrest record does not automatically disappear after dismissal. It stays on your public criminal history until you file for expungement and the court signs an order.

This is where the biggest misconception lives. People assume that when charges are dismissed, the record goes away. It does not. A dismissed charge remains fully visible on commercial background checks. Employers, landlords, and screening companies see the arrest, the original charge, and the dismissal notation — and many make hiring or rental decisions on the arrest alone.

One exception for timing: if the DA simply declined to prosecute without entering a formal dismissal or refusal, you must wait until the prescriptive period expires — two years for misdemeanors, six months for traffic infractions.

DWI arrests resolved via pretrial diversion carry a mandatory five-year wait from the date of arrest, even though the disposition is technically a dismissal.

Misdemeanor Convictions (Article 977)

If you were convicted of a misdemeanor, two paths to expungement exist:

The standard track: More than five years must pass after successfully completing your sentence, probation, or parole. During that five-year window, you must not have been convicted of any felony, and you must have no pending felony charges. The DA must certify these facts.

The Article 894(B) deferred track: If the judge deferred your sentence under Article 894(B) and you successfully completed probation, the court can set aside the conviction and dismiss the prosecution. That dismissal is treated as an acquittal, eliminating the five-year wait. You can file for expungement immediately after the set-aside order is signed.

Important: the set-aside requires its own separate filing. Completing probation does not automatically set aside the conviction. You must file a Motion to Set Aside Conviction and Dismiss Prosecution under the original docket number, get the judge to sign it, and then file the Motion for Expungement as a separate step.

Offenses That Cannot Be Expunged

Three categories of misdemeanor convictions are categorically excluded from expungement under Article 977, regardless of how much time has passed:

• Domestic abuse battery — no exceptions
• Stalking under R.S. 14:40.2 — no exceptions
• Misdemeanor sex offenses as defined in R.S. 15:541 — no exceptions

If your conviction falls into one of these categories, the statutory bar is absolute. No fee waiver, no judicial discretion, and no waiting period will change the outcome.

The Marijuana Exception

First-offense misdemeanor convictions for simple possession of marijuana, tetrahydrocannabinol, or chemical derivatives qualify for dramatically reduced requirements under Act 342 of 2023: a 90-day waiting period from the date of conviction (instead of five years) and a reduced total filing fee of $300 (instead of $550).

Diversion Completions

If you completed a pretrial diversion program for a non-DWI misdemeanor, the case technically ended in a dismissal, making you eligible under Article 976 with no waiting period.

But diversion completions carry a specific financial penalty: they 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. You pay the full $550 or qualify through In Forma Pauperis.

What the Five-Year Wait Actually Means

The five-year clock for conviction expungement starts on the date you completed your sentence — the last day of probation, parole, or incarceration. Not the date of arrest, not the date of conviction, not the date of sentencing.

If you were sentenced to two years of probation and completed it on March 15, 2021, you are eligible to file for expungement on March 16, 2026.

During that five-year window, a single felony conviction resets your eligibility. Even a felony conviction in another state counts. Pending felony charges also disqualify you.

The Louisiana Expungement & Record Sealing Guide covers the complete misdemeanor expungement process — from eligibility determination through the set-aside motion and the Article 977 filing sequence.

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