The Justice & Accountability Center (JAC) has created several guides and checklists to help individuals understand the general rules and procedures of the expungement system without an attorney. These resources are informational and are not legal advice. Always consult with an attorney about your particular situation. You have a right to represent yourself in court, but it comes with the responsibility to follow certain court rules and procedures.
The guides will help you with Expungements by:
Answering questions on court procedure in the section below;
Preparing forms for you on Expungements in the section; please note these forms are also available on the Louisiana Clerks of Court Association website under ‘Expungement Forms Index’
Explaining the steps for Expungement in the form;
Giving you more information about related legal issues in the section; and
Helping you find a lawyer in the section.
*In order to file with the Clerk of Court, forms must be printed out and filled in completely. If you are unable to do this, or do not have access to a printer, you can visit your local library for assistance. For more assistance locating a library, click here.
The Southeast Regional Edition How-To Booklet includes information for St. Tammany/Washington, Jefferson and Orleans Parishes. The supplemental guide for Plaquemines Parish is provided under the “Forms Available” section of this page.
All expungements must include the following forms:
Motion for Expungement with required additional forms
Some expungements may require that the conviction be set aside, and the prosecution dismissed, which will require a Motion to Set Aside Conviction and Dismiss Prosecution.
If you were arrested for a felony and convicted of a misdemeanor and you are currently on probation for your misdemeanor, you can request an expungement of your felony arrest only with an Interim Expungement Motion. Please note that after you complete your probation, you will need to request a second expungement for your conviction.
If your offenses do not fit in the spaces provided in the Motion for Expungement with required additional forms, you will need to include a supplemental sheet behind page 2 of your expungement motion. See the available Supplemental Sheets in the “Forms Available” section
If you are eligible for a certificate waiving the $550, you should complete the Certificate for Fee Waiver for District Attorney form and submit it to the District Attorney. The District Attorney must consent to the fee waiver and you must include this completed consent form with your expungement paperwork.
Justice and Accountability Center Expungement Guide (Southeast Louisiana)
Certification of Fee Waiver
FREQUENTLY ASKED QUESTIONS ABOUT EXPUNGEMENT IN LOUISIANA
1. What is a motion?
A motion is a way for you to ask the judge to act or give a ruling about an issue in a case .
2. Who can file a motion?
Either side in a case can file a motion. So, if you are the plaintiff or defendant, (or petitioner or respondent) in a case, you can file a motion.
3. What is a lawyer?
A lawyer (also known as an attorney) is a person who has a license to practice law. This means they can represent other people’s interests in court. Lawyers are only allowed to practice law in the states where they are licensed.
4. What is a clerk of court?
The clerk of court keeps the official records and files of the court. In order to file documents with the court, you go to the clerk of court’s office. Each court has a separate clerk of court’s office, usually in the same building, that handles all of that court’s documents. Clerks of court charge various filing fees for different types of documents.
5. What is a party?
A party is one side in a lawsuit. A case may have few or many parties. Often, a party is just a person. Sometimes a party is a corporation or a governmental agency. If you sue your neighbor and his insurance company for damage to your car, then you, your neighbor, and his insurance company are all parties to that lawsuit.
6. Who is the plaintiff?
The plaintiff is the party that brings a civil suit in a court of law. Sometimes plaintiffs are called petitioners or complainants.
7. Who is the defendant?
The defendant is the party that is being sued. Defendants are sometimes called respondents.
8. What is a Witness?
A witness is someone who can testify or swear to certain facts that he or she personally has knowledge of. Some court papers require a witness to sign them who swears that certain things in the papers are true. Witnesses can help you tell your side of the story in court. Both sides can have witnesses. You get to ask questions to the other side’s witnesses, and they get to ask your witnesses questions as well.
9. What is an order?
An order is the court’s ruling on a specific issue. An order may also tell people what to do, like to show up in court at a specific day and time.
10. What is a continuance?
A continuance is a delay in the case. One side can ask for a delay, but the judge can say no. There are rules for how you must ask for a continuance, or delay, and you should have a really good reason before you ask for one.