Louisiana Expungement Process: Step-by-Step Filing Guide

Why the Process Takes Seven Stages

Louisiana's expungement process is decentralized across multiple agencies. There is no single office that handles everything. You file with the parish court, but you also engage Louisiana State Police, the District Attorney, and the arresting law enforcement agency — each with its own fees, its own response timeline, and its own ability to object to your petition.

The Clean Slate Act of 2023 was supposed to automate this. The legislature never funded it, so as of August 2026, every eligible person must still navigate the manual petition process.

Stage 1: Get Your Right to Review Background Check

Before anything else, obtain a fingerprint-based certified criminal history from Louisiana State Police through the Louisiana Applicant Processing System (LAPS).

In person at LSP Headquarters (Baton Rouge): $26 processing fee + $10 fingerprinting fee. Walk-in or by appointment.

By mail: Submit fingerprint cards to the Bureau of Criminal Identification and Information (BCII). Slower turnaround but works if you cannot travel to Baton Rouge.

This document is the foundation of your entire filing. Every detail on your Motion for Expungement — especially the booking date — must match the Right to Review exactly. A single-day discrepancy triggers automatic rejection.

The background check must be dated within 60 days of your expungement filing date. If you file on day 61, the Clerk will reject your packet.

Stage 2: Obtain Certified Court Records

Visit the Clerk of Court in the parish where you were arrested and request:

• Certified court minutes showing the final disposition (dismissal, acquittal, conviction, sentence completion)
• The bill of information or indictment (the formal charging document)
• Proof of successful sentence completion (if applicable)

Costs vary by parish — expect $20 to $60 for certified copies.

Stage 3: File the Set-Aside (If You Had a Deferred Sentence)

If you were sentenced under Article 893 (felony) or 894 (misdemeanor) deferred provisions, you must file a Motion to Set Aside Conviction and Dismiss Prosecution under the original docket number. The judge must sign the dismissal order before you can file for expungement.

Skip this stage if your case ended in dismissal, acquittal, refusal, or if you served a standard sentence and have waited the full five-year (misdemeanor) or ten-year (felony) period.

Stage 4: Prepare the Uniform Expungement Packet

Complete the standardized Louisiana Supreme Court forms:

• EXP 5 — Motion for Expungement
• EXP 7 — Affidavit of Response (leave blank; agencies fill this out)
• EXP 8 — Order of Expungement (draft the order for the judge)
• Supplemental sheets if your arrest involved more than three charges

Attach your certified Right to Review background check, certified court minutes, bill of information, and any DA certifications.

Two errors that consistently cause rejections: listing the amended charge instead of the original booking charge (LSP verifies against the booking charge), and using pre-August 2024 form versions (Act 580 made all older forms obsolete).

Stage 5: File and Pay

Submit the completed packet to the Clerk of Court in the parish of arrest. Pay the $550 filing fee via four separate money orders:

• $250 to Louisiana State Police
• $200 to the Parish Clerk of Court
• $50 to the District Attorney
• $50 to the arresting agency

Alternatively, present a signed DA Certificate of Fee Waiver or a court-approved In Forma Pauperis affidavit.

Once filed, the Clerk of Court executes formal service under Article 979 to three entities: the District Attorney, the head of the arresting law enforcement agency, and the LSP BCII.

Stage 6: Wait Through the 60-Day Objection Window

After service, the three agencies have 60 days to investigate your background and file a formal objection.

If no objection is filed: The court can grant the expungement ex parte — no hearing required. The judge reviews your packet and signs the Order of Expungement.

If an objection is filed: The court schedules a contradictory hearing under Article 980. You (or your attorney) must appear and argue the legal merits of your petition against the state's objection. This hearing is adversarial and significantly more complex than the standard process. Most self-represented petitioners struggle at this stage.

Stage 7: Post-Order Enforcement

After the judge signs the Order of Expungement:

The Clerk of Court serves certified copies of the order to the DA, arresting agency, Parish Sheriff, and LSP BCII. Each agency seals its local records.

LSP modifies the central state repository. This typically takes 30 to 60 days. When complete, LSP mails you a Certificate of Compliance confirming the records are sealed.

But a court order only binds state agencies. Private background check companies may continue showing the record for months or years. Under Article 974, you must mail a certified copy of the court order via certified mail (return receipt requested) to each commercial screening company. Once notified, they are legally prohibited from disclosing the expunged record.

Total Timeline

Expect three to six months for an uncontested expungement. If an agency objects and you go to a hearing, it can stretch to a year. Plan accordingly if you have a job offer or housing application on a deadline.

The Louisiana Expungement & Record Sealing Guide provides the complete filing sequence with form preparation, fee routing, and a post-order enforcement checklist for private database cleanup.

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