If a prosecution was instituted and finally disposed of by dismissal, acquittal or motion to quash, an expungement may be immediately applied for. If no prosecution was instituted, expungement may be sought only after the time limit for prosecution has expired. Currently, the time limit for prosecution of most misdemeanors is two years. Expungement for most misdemeanors is accomplished by filing a motion with the court in which the violation was prosecuted or to the district court located in the parish of the arrest if no prosecution was instituted. Some courts, for example, the New Orleans Municipal Court, have form motions for expungement where you simply fill in the information that the court requires.
Practices vary from court to court.
Some courts allow the motions to be filed without payment of court costs. Others require the payment of a filing fee. This means that a motion and order for a hearing must be served on these officials. You should consider hiring an attorney for expungement of a prosecuted felony arrest since some district attorneys will always oppose these expungements. After the court hearing with the district attorney and law enforcement agency, the judge must order an expungement if the arrestee has proven his entitlement to an expungement.