How long will an expungement take?
Anywhere from 6 - 9 months from beginning to end.
The first step will depend on the grounds under which you are eligible for an expungement. If you are able to expunge your arrest because you were sentenced under Article 893 or 894, you will first need to file and have granted a motion to set aside your conviction. Once that is completed, you can move on to the first step for everyone else:
(1) Obtain a background check from the Louisiana State Police. This usually takes anywhere from 30-60 days to obtain once you have sent the fees and fingerprints off to the Bureau of Criminal Identification and Information.
(2) Obtain all minutes and fill out your forms and then file for the expungement.
(3) Wait. The State has 60 days to file an objection to the Motion for Expungement.
(4) Depending on what jurisdiction the expungement is filed in, the procedure at this point will differ slightly. Some parishes will grant the expungement automatically if no objection is filed; some will require a hearing even if no objection is filed. A hearing will be required if the state objects.
(5) Note that your rap sheet may still show the arrest until you have received certification letters from the arresting agency and Louisiana State Police confirming that their records have been removed from public view.
Because so much of the process is dependent on the actions of third parties (LSP, the State of Louisiana, the court), I always recommend clients begin the expungement process as early as possible in the event they will need their record cleared for a specific purpose.
If you have a conviction you’d like to know if you can remove from your record, give us a call at (318) 459-9111.