Art. 977. Motion to expunge a record of arrest and conviction of a misdemeanor offense
A. A person may file a motion to expunge his record of arrest and conviction of a
misdemeanor offense if either of the following apply:
(1) The conviction was set aside and the prosecution was dismissed pursuant to
Article 894(B) of this Code.
(2) More than five years have elapsed since the person completed any sentence,
deferred adjudication, or period of probation or parole, and the person has not been convicted
of any felony offense during the five-year period, and has no felony charge pending against
him. The motion filed pursuant to this Subparagraph shall include a certification obtained
from the district attorney which verifies that to his knowledge the applicant has no felony
convictions during the five-year period and no pending felony charges under a bill of
information or indictment.
B. The motion to expunge a record of arrest and conviction of a misdemeanor
offense shall be served pursuant to the provisions of Article 979 of this Code.
C. No person shall be entitled to expungement of a record under any of the following
circumstances:
(1) The misdemeanor conviction arose from circumstances involving or is the result
of an arrest for a sex offense as defined in R.S. 15:541, except that an interim expungement
shall be available as authorized by the provisions of Article 985.1 of this Code.
(2) The misdemeanor conviction was for domestic abuse battery.
(3) The misdemeanor conviction was for stalking (R.S. 14:40.2).
D. Notwithstanding any provision of law to the contrary, a person may file a motion
to expunge his record of arrest and conviction of a misdemeanor conviction for a first offense
possession of marijuana, tetrahydrocannabinol, or chemical derivatives thereof after ninety
days from the date of conviction.
Acts 2014, No. 145, §1; Acts 2015, No. 151, §1, eff. June 23, 2015; Acts 2015, No.
200, §1; Acts 2020, No. 78, §2; Acts 2023, No. 342, §1.