Overview

In Louisiana, individuals facing criminal prosecution may be offered a resolution under Article 893 (for certain felonies) or Article 894 (for misdemeanors) of the Louisiana Code of Criminal Procedure. These provisions are often presented as favorable alternatives to trial, allowing eligible defendants to avoid the uncertainty of harsher sentences by accepting probation and, upon successful completion, seeking to have their conviction set aside. However, there are important limitations and procedural requirements that must be understood.

Article 893 Dismissal (Felony Cases)

An Article 893 dismissal allows a court to suspend the imposition or execution of a sentence for certain noncapital felony offenses and place the defendant on probation. If the defendant successfully completes probation and fulfills all court-ordered conditions, the court may set aside the conviction and dismiss the prosecution. This dismissal is considered to have the "same effect as an acquittal" for expungement purposes, but it is not an actual acquittal.

Key considerations include:

• The conviction may still be considered for certain legal purposes, such as determining habitual offender status or for use in subsequent prosecutions.
• The opportunity for an Article 893 dismissal is limited and may only be granted once or twice, depending on the circumstances.
• The dismissal does not erase the fact that there was an adjudication of guilt, and it may still have consequences in specific contexts (e.g., sex offender registration, professional disciplinary proceedings).

Article 894 Dismissal (Misdemeanor Cases)

Article 894 provides a similar mechanism for misdemeanor offenses. Upon successful completion of probation and all court-imposed conditions, the court may set aside the conviction and dismiss the prosecution. This process is intended as a rehabilitative tool, enabling eligible defendants to avoid the long-term consequences of a criminal conviction.

Important points to note:

• The dismissal under Article 894 has the same effect as an acquittal, but the conviction may still be considered as a prior offense for purposes such as multiple offender status.
• The dismissal does not automatically result in the destruction of arrest or prosecution records.
• An Article 894 dismissal can serve as a basis for expungement, provided certain conditions are met (such as a specified period without further convictions). However, expungement is not automatic and requires a separate legal process.

Common Misconceptions and the Path to a Clean Record

A frequent misconception is that an Article 893 or 894 dismissal automatically removes an arrest or conviction from an individual’s record. In reality, to benefit from these provisions, the defendant must file a formal motion to set aside the conviction. Some courts or prosecutors may require additional documentation or a hearing to verify compliance with all conditions.

Even after a conviction is set aside, the record of arrest and prosecution remains unless an expungement is also obtained. Expungement is a distinct legal process that must be initiated separately. Without it, the arrest and conviction will continue to appear on the individual's criminal record.

Practical Considerations

• The process for obtaining a dismissal and subsequent expungement can vary by jurisdiction and may require legal advocacy, especially if there is resistance from the court or prosecution.
• While Louisiana law has evolved to make expungements more accessible, challenges remain, and it is important for individuals to understand their rights and the necessary steps to clear their record.



Conclusion

Article 893 and 894 dismissals offer significant opportunities for eligible defendants to mitigate the long-term impact of a criminal conviction. However, these benefits are not automatic. Individuals must proactively seek to have their conviction set aside and pursue expungement to fully clear their record. Legal guidance is often essential to navigate this process and ensure that the intended relief is achieved.