Article 894 in Louisiana: Set-Aside, Expungement, and Federal Limits

Louisiana Code of Criminal Procedure Article 894 lets a court set aside a misdemeanor conviction and dismiss the prosecution once the defendant has finished probation and satisfied every condition of the sentence. It is not an expungement. It is the step that makes expungement possible: after the set-aside, you file a separate motion under Article 977 to remove the record from public access.1Justia Law. Louisiana Code of Criminal Procedure Article 894 – Suspension and Deferral of Sentence; Probation in Misdemeanor Cases

People who stop after the set-aside and never file for expungement often find years later that background checks still show the original charge. The court’s order under 894(B) ends the conviction as a final judgment, but the arrest and court records stay in the databases until an expungement motion is granted.

Who Qualifies for a Set-Aside Under Article 894

Article 894 is only for misdemeanors. Felonies follow a different track. Beyond that, the statute imposes several conditions that all have to be met:

  • No conviction for criminal neglect of family or stalking. Both offenses are carved out of Article 894 and courts have no discretion to override that exclusion.2Louisiana State Legislature. Louisiana Code of Criminal Procedure Article 894 – Suspension and Deferral of Sentence; Probation in Misdemeanor Cases
  • No felony conviction within the previous five years.
  • Every sentence condition satisfied, including probation, fines, court costs, and restitution to any victims.
  • The court must be satisfied with the defendant’s compliance. Finishing probation without a technical violation may not be enough if the judge has concerns about conduct or rehabilitation.

If your misdemeanor is criminal neglect of family or stalking, Article 894 is closed to you. Other legal avenues, such as a gubernatorial pardon, may exist depending on the circumstances, but the set-aside route under this statute is not available.

DWI Convictions

A DWI can be set aside under Article 894, but with an extra step. The court must impose additional requirements before granting the set-aside, and there is a separate $50 fee payable to the Office of Motor Vehicles on top of the standard expungement costs.2Louisiana State Legislature. Louisiana Code of Criminal Procedure Article 894 – Suspension and Deferral of Sentence; Probation in Misdemeanor Cases The $50 is a one-time charge, paid either at set-aside or later at expungement, never twice.

How the Set-Aside Motion Works

After probation and every other sentence condition is complete, you or your attorney file a motion in the court that handled the original conviction, asking the judge to set aside the conviction and dismiss the prosecution. Include documentation of full compliance: proof that probation ended cleanly, receipts or records showing paid fines and restitution, and anything else the court will want to see.

The judge reviews the motion at their discretion and looks at the whole picture, not just the checklist. Evidence of steady employment, community involvement, or other signs of rehabilitation strengthens the motion. If the court is satisfied, it enters an order setting aside the conviction and dismissing the prosecution under Article 894(B). Keep a certified copy of that order. You will need it for the next step.

From Set-Aside to Expungement

Once the conviction is set aside, you become eligible to file a motion to expunge the record under Article 977.3Justia Law. Louisiana Code of Criminal Procedure Article 977 – Motion to Expunge a Record of Arrest and Conviction of a Misdemeanor Offense The motion is filed in the district court where the conviction occurred and must be served on the district attorney’s office, the arresting agency, and the Louisiana Bureau of Criminal Identification and Information. Each has an opportunity to object.

Article 977 also offers a second route for people who never got a set-aside under 894. If more than five years have passed since you finished your sentence, probation, or parole, and you have no felony convictions during that five-year window and no pending felony charges, you can petition for expungement directly. This alternative path requires certification from the district attorney confirming the clean five-year record.4Louisiana State Legislature. Louisiana Code of Criminal Procedure Article 977 – Motion to Expunge a Record of Arrest and Conviction of a Misdemeanor Offense

If no one objects, the court can grant the expungement without a hearing. If the district attorney or an arresting agency objects, a contradictory hearing is scheduled. Objections often come when the agency believes the person has not been fully rehabilitated or the underlying offense was serious.5Orleans Parish District Attorney. Expungement

What It Costs

Louisiana caps the total statutory cost of a standard expungement at $550, set by state law rather than by individual parishes.6Louisiana State Legislature. Louisiana Code of Criminal Procedure Article 983 – Costs of Expungement of a Record; Fees; Collection; Exemptions; Disbursements That amount breaks down into $250 to the Louisiana Bureau of Criminal Identification and Information, up to $200 to the clerk of court, $50 to the sheriff, and $50 to the district attorney. For DWIs, add the $50 Office of Motor Vehicles fee. Payment must be by postal money order, bank money order, or a check from an attorney or law firm.

Attorney fees are separate. A private attorney handling the full process typically charges an additional $1,000 to $3,000. Legal aid organizations in Louisiana handle expungements at reduced or no cost for people who qualify, and some parishes hold periodic expungement clinics where volunteer attorneys help with the paperwork.

What Expungement Actually Gets You

Once expunged, the record is confidential. It is no longer a public record, and you are not required to disclose the arrest or conviction to most people who ask.7Louisiana State Legislature. Louisiana Code of Criminal Procedure Article 973 – Effect of Expunged Record of Arrest or Conviction On a standard job or housing application asking whether you have been arrested or convicted, you can legally answer no.

Several categories of access survive expungement, and one of them catches people off guard:

The licensing board exception is the one to plan around. If you are pursuing medicine, nursing, dentistry, law, pharmacy, or social work in Louisiana, the board reviewing your application will still see the expunged record. Expungement shields you from most private employers and landlords, not from the state agencies that license these professions.

Federal Limits You Should Know About

State expungement is powerful inside Louisiana, but it does not reach the federal system in the way many people assume.

Security Clearances

Federal security clearance applications require disclosure regardless of expungement. The SF-86 questionnaire requires reporting arrests and charges “regardless of whether the record in your case has been sealed, expunged, or otherwise stricken from the court record, or the charge was dismissed.”8Defense Counterintelligence and Security Agency. Common SF-86 Errors and Mistakes Omitting an expunged conviction on the SF-86 is worse for your clearance than the underlying misdemeanor.

FBI Records

A Louisiana expungement does not automatically update FBI databases. Your entry in the National Crime Information Center may keep showing the original arrest and charge until you send a certified copy of the expungement order directly to the FBI and ask for correction of your Identity History Summary.

Federal Firearms Law

For most misdemeanors, federal firearms restrictions apply only to crimes punishable by more than one year of imprisonment or to misdemeanor crimes of domestic violence. Under federal law, a conviction that has been expunged or set aside is generally not treated as a conviction for the federal firearms prohibition, unless the expungement order itself prohibits firearm possession.9ATF. Most Frequently Asked Firearms Questions and Answers Most Louisiana misdemeanors set aside under Article 894 will not raise a federal firearms issue, but anyone with concerns about a specific conviction should consult an attorney.