You've served your sentence, paid your fines, moved on with your life, but that background check still turns up a case you thought was behind you. Your focus then becomes seeking an expungement so you and your family can move on with your life. Many expungements take a few weeks to a few months to obtain the court order itself, and then additional time afterward for the record to actually update across state agencies.
Dewey & Braud Law helps Baton Rouge clients navigate the expungement process from start to finish. Call us today at (225) 953-8330 to discuss your specific situation.
What Does Expunged Mean in Louisiana?
In Louisiana, an expungement removes a criminal record from public access, meaning it will no longer show up on most background checks conducted by employers, landlords, and licensing agencies. It is important to understand that expungement does not erase or destroy the record entirely.
Certain government agencies, including law enforcement and the courts, may still be able to access an expunged record under specific circumstances, even though the general public and most private entities cannot.
Is an Expungement the Same as a Clean Slate?
Not exactly. A "clean slate" implies the record no longer exists at all, while expungement in Louisiana specifically restricts public access to that record. The distinction matters practically, since it explains why an expunged record can still surface in certain limited legal or law enforcement contexts, even after the expungement is granted.
How the Expungement Process Works in Louisiana
Much like with anything in the legal or government world, there is a select process of expungement seekers must go through.
Step 1: Determine Whether You Are Eligible
Eligibility depends on the type of record and the outcome of the case. Arrest records may be eligible when charges were dismissed, never filed, refused by the district attorney, or ended in an acquittal. Some misdemeanor convictions may qualify after five years, while certain felony convictions may qualify after 10 years if additional requirements are met, including no disqualifying convictions or pending charges.
Louisiana generally does not allow expungement of many sex offenses, crimes against minors, and crimes of violence. Certain drug offenses and other charges may also be excluded. Because the rules and exceptions are highly case-specific, an attorney can review your record and explain your options.
Step 2: Gather Records and Required Documents
This step generally involves obtaining certified copies of your arrest record, court disposition, and any other documentation the parish requires to process the motion. Louisiana State Police recommends completing a fingerprint-based Right to Review request, which helps confirm that your expungement paperwork accurately matches your official state criminal history record before filing.
Step 3: File the Motion in the Correct Parish
In Louisiana, an expungement motion is generally filed with the Louisiana Clerks of Court Association in the parish where the arrest or conviction occurred, along with any required filing fees and supporting documents.
For example, this may include Orleans Parish, Jefferson Parish, St. Tammany Parish, St. Bernard Parish, Plaquemines Parish, or another parish where the case was handled.
Step 4: Allow Time for Notice and Objections
Once filed, relevant agencies, including the district attorney's office, are generally given a statutory window to review the motion and raise any objections. This period exists to make sure all parties have an opportunity to weigh in before the court acts, and it is one of the main reasons an expungement cannot be processed instantly.
Step 5: Court Review or Hearing
Depending on whether an objection is raised, the court may sign the expungement order without a hearing, or schedule a hearing to address any disputed issues before making a decision.
Step 6: Agency Updates After the Order Is Signed
Once the judge signs the expungement order, that order is generally distributed to relevant state and local agencies responsible for maintaining criminal history records. These agencies then need time to actually update their systems, which is a separate process from the court proceeding itself and can add additional weeks to the overall timeline.
How Long Does the Expungement Process Take in Louisiana?
The overall timeline depends heavily on the type of offense, whether any objections are filed, and how busy the specific parish court happens to be at the time. In general, expect the process to take anywhere from several weeks to several months from filing to a final signed order, with additional time afterward for agency record updates.
How Long Does It Take to Get a Misdemeanor Expunged?
Misdemeanor expungements often move somewhat faster than felony cases, in part because they may involve simpler eligibility questions and fewer objections. Even so, the process still generally takes weeks to a few months given the required notice period and court scheduling.
How Long Does It Take to Get a Felony Expunged?
Felony expungements can take longer, since eligibility rules tend to be more restrictive and case-specific, and objections from the district attorney's office may be more likely depending on the nature of the original charge.
Cases involving certain exclusions, prior convictions, or unresolved statutory limitations may also require additional legal analysis before a motion can even be filed.
What Can Delay an Expungement in Louisiana?
Several factors can push the timeline out further than expected, including:
- Missing or incomplete documentation
- An objection filed by the district attorney's office
- A busy parish court docket
- Complications determining eligibility due to prior convictions or case specifics
- Delays in agencies updating their records after the court order is signed
Addressing these issues proactively, before filing, is one of the best ways to avoid unnecessary delay.
Do You Need a Lawyer for an Expungement?
Louisiana does not require an attorney to file for expungement, but the process involves specific eligibility rules, required documentation, and procedural steps that can be difficult to navigate correctly without legal guidance.
A mistake in eligibility determination or documentation can result in a denied motion, requiring the entire process to start over and adding significant additional time.
How Can a Baton Rouge Expungement Lawyer Help?
An experienced attorney can evaluate your eligibility accurately from the outset, help gather and organize the required documentation, file the motion correctly in the appropriate parish, and respond effectively if the district attorney's office raises an objection.
This kind of guidance can meaningfully reduce the risk of delays or a denied motion, helping you move through the process as efficiently as possible given your specific circumstances.
Speak With a Baton Rouge Expungement Lawyer
Dewey & Braud Law's expungement attorneys understand how frustrating it can be to have a past case still affecting your present, whether that means a job application, a housing search, or simply wanting to move forward without that record following you. We also handle broader criminal defense matters throughout Baton Rouge, so if your expungement eligibility involves a more complex case history, we can help you understand the full picture.
If you are ready to find out whether your record qualifies for expungement in Louisiana, contact Dewey & Braud Law at (225) 953-8330 for a consultation.
