Louisiana Misdemeanors

A misdemeanor is a criminal offense less serious than a felony but more serious than a civil infraction. Louisiana draws the line between felonies and misdemeanors. Because every state classifies and penalizes misdemeanors differently, this guide explains misdemeanors in Louisiana.

What Is a Misdemeanor in Louisiana?

Louisiana does not use lettered “Class A/B/C” misdemeanor tiers. Instead, an offense is a misdemeanor if it is not punishable by hard labor. By contrast, infractions or ordinance violations are prosecuted under city or parish ordinances. They are classified as misdemeanors under the Code of Criminal Procedure if they attract a penal sanction.A felony is any crime punishable by death or imprisonment at hard labor.

In Louisiana, common examples of misdemeanors include simple battery, disturbing the peace, lower-level theft, and many impaired-driving cases.

Misdemeanor Penalties in Louisiana

Louisiana law is specific for each offense, and the statute for the charged crime controls the exact range of penalties. These include:

• OWI/DWI
  • First offense: A fine between $300 and $1,000 and 10 days to six months of suspended jail time, upon conditions
  • Second offense: It carries a higher fine and mandatory jail time within the same six-month ceiling.
  • Third or more: it may be prosecuted as a felony.
• Tampering with electronic monitoring equipment is a misdemeanor punishable by a penalty of up to 6 months and a fine of up to $500.

Where a defendant is charged with multiple misdemeanors in one case, the aggregate punishment cannot exceed six months in jail or $1,000 in fines (or both), unless a statute says otherwise.

In addition to jail and fines, Louisiana courts may order probation, restitution, community service, treatment/counseling, driver-license consequences (for DWI), and other conditions authorized by statute.

Misdemeanor Court Process in Louisiana

Louisiana’s trial-level courts include District Courts and City or Parish Courts. District Courts handle state criminal prosecutions (including misdemeanors and felonies) while City or Parish Courts deal with ordinance and many misdemeanor matters within their boundaries.

The typical court process for misdemeanor cases in Louisiana follows this path:

• Arrest or summons. Upon probable cause, an officer arrests or issues a misdemeanor summons/ticket. The prosecutor files a formal complaint with the court against a defendant.
• First appearance/arraignment. The judge will read the charges and rights to the defendant. The judge may also set the release conditions. If incarceration is possible and the person is indigent, counsel may be appointed by the court under local procedures.
• Pre-trial. Here, discovery, motions, plea discussions, and any diversion/treatment occur in the assigned court.
• Trial. If no plea agreement is reached, the case proceeds to trial. Misdemeanors may be tried by a jury in a District Court. The defendant has a right to a speedy trial within 30 days if in custody, or within 60 days otherwise.
• Sentencing. On a plea or guilty conviction, the court imposes the specific fine or jail range and any additional probationary terms. Time is served in a parish or city facility.

Misdemeanor Records in Major Louisiana Cities

Louisiana does not maintain a single, free, statewide criminal case viewer. Instead, records are kept by the Clerk of Court in each parish or city. Individuals may find records for misdemeanors in major cities like:

• New Orleans (Orleans Parish). Felony and many state misdemeanor cases are filed in the Orleans Parish Criminal District Court. The court publishes its entry rules on its website.
• Baton Rouge (East Baton Rouge Parish). The 19th Judicial District Court handles misdemeanor cases. The Clerk of Court provides online access via ClerkConnect, covering criminal, traffic, civil, and more (subscription or on-site terminals).
• Shreveport (Caddo Parish). The Caddo Parish Clerk of Court maintains criminal records for the First Judicial District. The cost of obtaining court records is available on the clerk’s website.

How to Search for Misdemeanor Records in Louisiana

In Louisiana, misdemeanor case files are examples of public records. However, certain parts of the documents containing sensitive information may be redacted. Sealed records or records of ongoing investigations are restricted from the public.

Court records may include the case number, party identifiers, statute citations, hearing events, filings/minutes, disposition, sentence details (jail/probation/fines), and outstanding financial details.

Individuals must check whether the case is a state prosecution in the District Court or a case filed in a City or Municipal Court. To access misdemeanor records in Louisiana, individuals may contact:

• Local court portal. They may start with the parish or city clerk website or a multi-parish portal such as Docket Master or ClerkConnect for participating parishes.
• Clerk of Court. Individuals may request certified copies, older records, or restricted files from the clerk’s office. They may be required to pay copy fees.
• Criminal history checks. For official criminal history reports, including misdemeanors, individuals may contact the Louisiana State Police.
• Third-party Services. Record seekers may enlist the services of private third-party record aggregators. However, they should be careful, as this source of information needs to be verified (unofficial source).

How Long Does a Misdemeanor Stay on Your Record in Louisiana?

In Louisiana, there is no automatic expiration of misdemeanors. These records remain publicly accessible unless the defendant obtains expungement. A defendant may file a motion to expunge a misdemeanor if either:

• The conviction was set aside and dismissed
• Five years have passed since the defendant completed all terms of the sentence (including probation and fines), no felony conviction during that period, and the offense is not on the statute’s exclusion list.

A first misdemeanor possession conviction may be expunged after 90 days from the date of conviction.An expungement does not destroy the record; it removes it from public access and treats it as a non-public record. Law enforcement and certain agencies may retain access to expunged records.

If an individual was arrested for a felony but convicted of a misdemeanor, they may request an interim expungement of the felony arrest entry. This is a separate process from expunging the misdemeanor conviction.For many misdemeanors, judges may defer the conviction and later set it asideand dismiss the prosecution upon successful completion.