Statute
Louisiana does not offer specific criminal record relief to survivors who were arrested and prosecuted as adults, however, Louisiana has recently passed new laws that provide for the expungement of criminal records, generally (Article 971). Expungement removes anything related to a criminal record from public access. Law enforcement agencies would still be able to see any criminal record during criminal investigations.
A trafficking survivor is eligible for expungement immediately if they receive certification from the prosecutor that the offense was in substantial part related to trafficking. To receive certification, a survivor must demonstrate by a preponderance of the evidence that the offense was committed in substantial part as a result of trafficking.
Eligible offenses include: any misdemeanors, except: sex offenses, battery, or stalking; non-violent felonies (the survivor must also include a certification from the appropriate district attorney that the survivor has not been convicted of any other crimes and that there are no pending charges), except some felonies involving illegal substances. The State and any relevant agencies that receive notice of the petition to expunge may object and request a contradictory hearing. If no one objects within 60 days of notice, a survivor may file to waive the contradictory hearing.
There are fees associated with filing for expungement. Louisiana has limited filing fees and relevant court costs to $550.00. This fee is waived for trafficking survivors.
There is limited specific relief available for survivors seeking to seal juvenile delinquency adjudications where a survivor was adjudicated delinquent as a child for a prostitution offense resulting from trafficking. However, this provision does not apply to all delinquency adjudications and does not apply to any adult arrest records or convictions. For information on general criminal record clearance, please visit the Clean Slate Clearinghouse.
Updated Oct 2022
