Waiving Expungement Fees in Louisiana: Eligibility for Article 983 Fee Exemptions
You may be completely exempt from the $550 Louisiana expungement fee under La. C.Cr.P. Art. 983(F) if you have no felony convictions or pending felony charges and your case resulted in an acquittal or eligible prosecutor dismissal. Participation in a pre-trial diversion program disqualifies you from a fee waiver.
The standard $550 filing fee for an expungement in Louisiana is a massive financial barrier for many people seeking to clear their names. Fortunately, the state legislature recognizes that individuals who were never convicted of a crime should not have to pay exorbitant fees to seal an arrest record. If your case ended favorably, you might qualify for a fee exemption, allowing you to expunge your record essentially for free (excluding minor administrative costs like postage and fingerprints).
Understanding whether you qualify for a fee waiver requires a close look at your original case disposition. Because court clerks can sometimes be strict about granting these exemptions, it is highly recommended to hire a legal professional. You can easily find a knowledgeable criminal defense lawyer in our US Lawyers Directory to help you secure your fee waiver and process your paperwork.
How Fee Exemptions Work Under La. C.Cr.P. Art. 983
Under La. C.Cr.P. Art. 983(F), the mandatory fees payable to the Louisiana State Police, the District Attorney, the arresting agency, and the Clerk of Court are completely waived if the applicant meets strict statutory criteria. An essential prerequisite for any fee waiver is that you must have no prior felony convictions and no pending felony charges. Having even a single felony on your record-even one that was previously expunged-permanently disqualifies you from a fee waiver. To claim this exemption, you must check the specific 'Fee Exemption' box on the Form EXP 5, Louisiana, District Court, Motion for Expungement and attach documentation proving your eligibility.
Acquittals and 'Not Guilty' Verdicts
If you took your case to trial and a judge or jury found you 'Not Guilty,' or if you were fully acquitted of all charges related to that specific arrest, you are exempt from the expungement fees. Louisiana law dictates that an innocent person should not be financially penalized to remove an arrest record that never resulted in a conviction.
District Attorney Dismissals (Nolle Prosequi)
Many arrests never make it to trial. If the prosecutor reviews the evidence and decides not to press charges (a 'refusal'), or if they formally dismiss the charges later (a 'Nolle Prosequi') without you participating in a diversion program, you are generally eligible for a fee waiver under La. C.Cr.P. Art. 983(F)(2). You must obtain a certified letter of refusal or a dismissal judgment from the specific prosecutor's office, such as the Orleans Parish District Attorney's Office, New Orleans or the East Baton Rouge Parish District Attorney's Office, Baton Rouge, to attach to your motion.
Completing a Pre-Trial Diversion Program
A widespread misconception is that successfully finishing a pre-trial diversion program (PTD) qualifies you for a free expungement. In reality, the law mandates the exact opposite. Under La. C.Cr.P. Art. 983(F)(2) and La. C.Cr.P. Art. 983(F)(3), participation in a pretrial diversion program explicitly bars you from receiving a fee exemption. Even though your charges were dismissed after completing classes, community service, or probation, you are legally required to pay the full $550 state and court fees to expunge that arrest.
Juvenile Records Transitioning to Adult
There are also specific exemptions for juvenile records. In many instances, if a juvenile was arrested but not adjudicated as a delinquent, or if the case was dismissed, the fee to expunge that specific juvenile record can be waived, provided it meets the strict criteria under La. Ch.C. art. 924. An attorney can help determine if your past juvenile interactions qualify for a free sealing.
Case Outcome Exemption vs. In Forma Pauperis (Indigence)
It is vital to understand the difference between an Article 983 outcome-based exemption and an indigence waiver. An Article 983 exemption is based entirely on how your case ended (e.g., dismissal); it does not matter if you are a millionaire or unemployed. Conversely, if you were convicted but are living in deep poverty, you might try to file a Form Appendix 8.0, Louisiana, District Court, In Forma Pauperis Affidavit. However, in Louisiana, an IFP generally only waives the local Clerk of Court's administrative fees. The IFP does not waive the mandatory $250 Louisiana State Police fee or the District Attorney's fee for expungements.
How to Apply for the Exemption
When you prepare your expungement packet, you must formally request the waiver. Under La. C.Cr.P. Art. 988, you will submit a Form EXP 4, Louisiana, District Court, Certification of Fee Waiver signed by the District Attorney. This certifies that you have no disqualifying felony records, that the case was dismissed or refused, and that you did not participate in diversion. Before you file with the clerk, your attorney will present this paperwork to the DA's office to obtain their signature. If you skip this step, the clerk will reject your paperwork for lack of payment.
Frequently Asked Questions (FAQ)
What if I was convicted of a misdemeanor? Can I still get the fee waived?
Generally, no. If your case resulted in a conviction (even if you were placed on probation under La. C.Cr.P. Art. 894 and later had it set aside), you are required to pay the full $550 filing fee. Under La. C.Cr.P. Art. 983(F), the fee waiver is strictly reserved for individuals with no felony record whose charges ended in an acquittal or non-diversion dismissal.
Will the fee be waived if one charge was dismissed but I pled guilty to another?
No. If multiple charges stem from a single arrest, and you pled guilty to even one of those charges while the others were dismissed, the entire arrest event is considered a conviction for fee purposes. You must pay the full fee.
Do I still have to pay for the background check if my fee is waived?
Yes. The Article 983 fee exemption only applies to the final expungement filing fees. You must still pay out of pocket for your initial fingerprinting and the preliminary background check required to build your application.
How long does it take the DA to sign the fee waiver certification?
It varies widely by parish. In some jurisdictions, the DA will review and sign the fee exemption certificate on the same day. In busier parishes, it may take 2 to 4 weeks for the DA's office to process and return the signed form.
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