Clearing a DUI From Your Record in Louisiana
Whether a DUI or DWI conviction can be expunged or sealed in Louisiana, and what to do instead if it can't.
Short answer: DWI is not on the list of misdemeanors that cannot be expunged, so a misdemeanor DWI conviction falls under the general misdemeanor rules. La. C.Cr.P. arts. 976(B), 977(C), 973(E)
| DUI / DWI convictions | DWI is not on the list of misdemeanors that cannot be expunged, so a misdemeanor DWI conviction falls under the general misdemeanor rules. If a DWI arrest was handled through pretrial diversion, the record cannot be expunged until 5 years after the arrest. Even after expungement, police, prosecutors and courts can still use the record, for example as a prior offense for a later charge. |
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| How to apply | File a motion to expunge with the clerk of the district court in the parish of the arrest or conviction, using the mandatory forms written into the Code of Criminal Procedure (Articles 986–995). The clerk serves the motion on the district attorney, the Louisiana Bureau of Criminal Identification and Information and the arresting agency. Each has 60 days to object, extendable by up to 30 days. If anyone objects, the court holds a contradictory hearing, and the objecting agency must show by a preponderance of the evidence why expungement should be denied. If no one objects, the person may waive the hearing and the court grants the motion if the person is entitled to it. |
Where to get help in Louisiana
More Louisiana expungement & criminal records
- Getting a Copy of Your Louisiana Criminal Record
- Expunging or Sealing a Felony in Louisiana
- How to File for Expungement in Louisiana
- Sealing or Expunging Juvenile Records in Louisiana
- All Louisiana expungement & criminal records rules
FAQ
Can a DUI be expunged in Louisiana?
DWI is not on the list of misdemeanors that cannot be expunged, so a misdemeanor DWI conviction falls under the general misdemeanor rules. If a DWI arrest was handled through pretrial diversion, the record cannot be expunged until 5 years after the arrest. Even after expungement, police, prosecutors and courts can still use the record, for example as a prior offense for a later charge.
How do you file for expungement in Louisiana?
File a motion to expunge with the clerk of the district court in the parish of the arrest or conviction, using the mandatory forms written into the Code of Criminal Procedure (Articles 986–995). The clerk serves the motion on the district attorney, the Louisiana Bureau of Criminal Identification and Information and the arresting agency. Each has 60 days to object, extendable by up to 30 days. If anyone objects, the court holds a contradictory hearing, and the objecting agency must show by a preponderance of the evidence why expungement should be denied. If no one objects, the person may waive the hearing and the court grants the motion if the person is entitled to it.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.