The Expungement Process


I. Applicable Law Regarding Expungements:

The Louisiana Revised Statute Title 44 Section 9 sets forth the guidelines and rules that regulate motions for the expungement of arrest and/or conviction records which are public information and maintained by law enforcement and criminal justice agencies.

Furthermore, it establishes which defendants may obtain the expungement or destruction of what arrest and/or conviction records, when and under what circumstances pursuant to the Public Records Law.

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II. Definition of Expungement:

Expungement means the confidential removal of an arrest and/or conviction record from public access. La. R.S. 44:G. Although arrest records are accessible to the public, they may be expunged pursuant to the order of the court upon the defendant's motion. However, this does not mean that such record will be destroyed.

The word "expungement" is distinct from the word "destruction." State v. Savoie, 637 So.2d 408 (La. 1994). The two words cannot be used interchangeably or to mean the same thing. Id. At 410.

The general rule sets forth that an expunged record is confidential as to the public. Thus, to have an arrest and/or conviction record expunged simply means to have it inaccessible for the public's review. Therefore, public records which may be expunged need not be destroyed. Id.

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III. Purpose of an Expungement:

The purpose of the expungement provisions in the public records law is to allow citizens to avoid embarrassment and harassment generated by a public criminal record that had not been timely prosecuted or that has been dismissed. State v. Sims, 357 So.2d 1095 (La. 1978).

Consequently, there is no mention of a limitation placed on the number of expungements that a defendant may seek. It can be reasoned that no such limitation is necessary due to the fact that contradictory hearings are usually held upon the motion of an expungement and because the court ultimately has the discretion in deciding whether to grant such a request.

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IV. Effect of an Expungement:

An expungement removes specific records from public access. However, only the public will be forbidden from obtaining information regarding arrests; all law enforcement agencies will maintain confidential, non-public access to these records.

Therefore, an expungement does not affect the collection and processing of criminal history record information by the Louisiana Department of Public Safety & Corrections or the Louisiana Bureau of Criminal Identification Information, nor does it affect the non-public dissemination of such information to any court, criminal justice agency or law enforcement agency involved in the detection, investigation, apprehension, prosecution, sentencing, confinement, release, or rehabilitation of criminal offenders. Savoie, at 411.

Thus, section F of La. R.S. 44:9 allows the Department of Public Safety & Corrections to maintain records for such investigative purposes only. The information contained in such records may be released upon specific request and on a confidential basis to:

1.) law enforcement agencies
2.) criminal justice agencies
3.) Louisiana State Board of Medical Examiners
4.) Louisiana State Board of Nursing
5.) Louisiana State Board of Dentistry, and
6.) Louisiana State Board of Examiners of Psychologists.

Although these enumerated parties are entitled to receive expunged records, they must maintain the confidentiality of such records.

Additionally, information regarding a criminal background check requested by a health care provider pursuant to La. R.S. 40:1300.51, et seq., will be released and include records which would inform a potential employer of any crimes enumerated in said statute committed by an applicant for employment. La. R.S. 44:9 E(4).

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V. Defendants Who are Entitled To Make Expungement Requests
of an Arrest Record or Conviction:

ARREST RECORD

Defendants that PLEAD "NOT GUILTY" may seek to have an expungement of the arrest record if:

1.) the charges were dismissed;
2.) there was an acquittal, he was found not guilty of the charges, or
3.) the charges were not prosecuted.

The preceding establishes the general rule that the law only permits arrest records to be expunged, not convictions.

CONVICTION RECORD

The exception to the general rule is that a conviction may be expunged whenever there is an 893 dismissal of a felony conviction or an C.Cr.P. Art. 894 dismissal of a misdemeanor conviction.

Defendants that PLEAD "GUILTY" to the charges and thus are found guilty and convicted are not entitled to petition the court for an expungement of the arrest and conviction record unless there is an:

1.) 893 dismissal of the felony conviction granted by the court, or
2.) 894 dismissal of the misdemeanor conviction granted by the court.

Therefore, a defendant that PLEADS "GUILTY" is not entitled to an expungement request in the absence of an 893 or 894 dismissal. However, if such a defendant wishes to seek an expungement of a conviction in which there was not dismissal, he would be advised to first obtain an attorney and seek an 893 or 894 dismissal of the conviction in order to be entitled to make an expungement request.

Thus, La. R.S. 44:9 should not be construed as prohibiting a convicted felon from seeking an expungement of his arrest and/or conviction records. The statute does not state that a citizen's status as a convicted felon deprives him of the expungement benefit if he satisfies the other applicable statutory requirements for expungement. Savoie, at 410.

However, a convicted felon while in the custody of the Secretary of the Department of Public Safety & Corrections shall have no right or standing to petition the court for expungement. La. R.S. 44:9 H.

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VI. When a Defendant May Petition the Court for an Expungement
of an Arrest Record or Conviction:

ARREST RECORD

Defendants that PLEAD "NOT GUILTY" may seek to have an expungement of the arrest record as soon as their case receives a final judgment.

State v. Savoie sets forth that as long as there is a dismissal or declination to prosecute, then the defendant may make a motion for expungement even if there is no prescription period for the offense, i.e., the case can be reopened and the defendant brought back up on the charges. The court in Savoie reasoned that an expungement does not prevent the district attorney from reinstating prosecution within the prescriptive period. It was further concluded that an expungement of an arrest will not have any effect on the district attorney's right to prosecute and, thus, will not cause any detriment or prejudice to the district attorney.

CONVICTION RECORD

However, there is a delay period for defendants that PLEAD "GUILTY" to the charges or were found guilty, convicted and received an 893 or 894 dismissal of the conviction. Such defendants may only petition the court for an expungement of the arrest and conviction record one year after the dismissal was granted.

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VII. Under What Circumstances May a Defendant Petition the Court for an Expungement of an Arrest Record or a Conviction:


ARREST RECORD

There are certain circumstances under which a defendant may petition the court for an expungement, which is dependent upon the charges that are billed by the district attorney. Therefore, the following discussion will set forth such circumstances as relating to misdemeanor and felony arrest charges.

MISDEMEANOR:

A person who has been arrested for violating a municipal or parish ordinance or a state statute classified as a misdemeanor may make a written motion to the district, parish or city court in which the violation was prosecuted or the district court located in the parish of arrest for expungement of the arrest record if:

1.) no prosecution has been instituted and the time limitation for the institution of prosecution on the offense has expired; or
2.) prosecution has been instituted and has been disposed of by: dismissal, sustaining of a motion to quash, or an acquittal.

FELONY WITH PROSECUTION INITIATED:

A person arrested for violating a felony offense or R.S. 14:34.2, R.S. 14:34.3, or R.S. 14:37 may make a written motion to the district court located in the parish of arrest for the expungement of the arrest record if:

1.) the district attorney declines to prosecute, or
2.) prosecution has been instituted and has been disposed of by: dismissal, sustaining of a motion to quash, or an acquittal; AND
3.) the arrest and prosecution for the offense is without substantial probative value as a prior act for subsequent prosecution.

In this situation, the judge shall order a contradictory hearing to be held with the district attorney and the arresting law enforcement agency in which the court shall decide whether the defendant is entitled to the granting of an order of expungement.

FELONY WITHOUT PROSECUTION INITIATED:

A person arrested for violating a state statute classified as a felony may make a written motion to the district court located in the parish of arrest for expungement of the arrest record if:

1.) no prosecution has been instituted AND the time limitation for the institution of prosecution on the offense has expired.

In this situation, the judge shall order a contradictory hearing to be held with the arresting law enforcement agency in which the court shall decide whether the defendant is entitled to the granting of an order of expungement.


CONVICTION RECORD

A person arrested for violating a misdemeanor or felony offense may make a written motion to the appropriate court if:

1.) C.Cr.P. Art. 893 dismissal of the felony conviction granted by the court, or
2.) C.Cr.P. Art. 894 dismissal of the misdemeanor conviction granted by the court.

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IS A CONTRADICTORY HEARING ALWAYS REQUIRED?

Judges have the discretionary authority in determining whether a contradictory hearing shall be held. State v. Westfall, 708 So.2d 1053 (La. 1998) sets forth the alternative to the in-court contradictory hearing requirement in the expungement process if the court chooses to use it. It states as follows:

"As an alternative to summoning all concerned parties to a contradictory hearing conducted in open court, the district court shall first provide the district attorney and arresting agency with the opportunity to respond in writing to the movant's motion, either conceding to entitlement of expungement and waiving the contradictory hearing or specifically deny the allegations. The court shall then provide the movant with the opportunity to file a written response to any opposition. If there are no factual disputes which the presence of the parties in an open-court contradictory hearing may help resolve, then the district court may conduct the hearing on the pleadings and any supporting affidavits."

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VIII. Arrest and/or Conviction Records that May Not Be Expunged:

According to La. R.S. 44:9 E(2), the only arrest and conviction records that are not entitled to consideration for expungement is a charge of a sex offense involving a child under 17 years of age.

Otherwise, all other charges may e considered upon an expungement request submitted by a motioning defendant.

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IX. Records that May Be Destroyed:

Whenever there is a misdemeanor or felony charge which is never pursued or abandoned with no record of conviction AND is no longer viable, then the record of the charges must be both expunged and destroyed as if it never existed. Savoie, 637 So.2d 408, 410. However, the court cannot order destruction of a record for a person convicted of a felony, even if dismissed by La. Cr.C.P. Article 893. Such a record may only be expunged after a contradictory hearing with the district attorney and arresting agency. The court in Savoie concluded that R.S. 44:9 should not be construed as a basis for destroying the arrest records of a convicted felon. Id. at 410.

In contrast, the court is permitted to order both the destruction and expungement of a misdemeanor conviction dismissed pursuant to La. Cr.C.P. Article 894.

However, not all misdemeanor convictions are entitled to be destroyed. According to La. R.S. 44:9 E(3), the court cannot destroy the record of a conviction of a 1st or 2nd violation of DWI. This misdemeanor offense is only entitled to an expungement. Moreover, such an offense may be of subject in the prosecution and sentencing of criminal offenders regarding 3rd and 4th felony violation of the DWI statute.

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X. Requirement To Petition the Court with an Expungement Request:

Prior to 1996, any criminal court of record in which there was a nolle prosequi, an acquittal or dismissal of any offense, misdemeanor or felony, would at the time of the discharge of the defendant, enter an order to annul, cancel, or rescind the record of arrest and disposition and then further order the destruction of such record. However, the courts no longer have the authority to order an automatic destruction of a record.

Moreover, the automatic first offender felony pardon does not erase the fact of conviction for purposes of LSA R.S. 44:9 or LSA C.Cr.P. Art. 893.

Thus, the 1996 amendment enacted a new law requiring all defendants to petition the court for the expungement of arrest and conviction records.

Therefore, defendants are required to file a separate motion of expungement for each arrest whenever there is more than one arrest to be expunged. There must be a separate motion of expungement submitted for each arrest or conviction record that the defendant wishes to have expunged - not a separate motion for every charge.

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XI. Instructions on Filing a Motion of Expungement:

Although an attorney is not required to assist a defendant in motioning for an expungement, it is suggested that the defendant obtain counsel to handle such a matter due to the perplexity surrounding the process.

Consequently, each court system is different in processing motions for expungement, the following discussion will set forth the basic procedure and instructions of each court system.


19th JUDICIAL DISTRICT COURT:

The office which processes expungement requests under this court system is the Criminal Records Department of Doug Welborn's Clerk of Court Office of the East Baton Rouge Parish 19th Judicial District Court located in the basement level (B1) of the District Court building. For more information, contact the Supervisor of the Criminal Records Department, P.O. Box 1991, Baton Rouge, Louisiana 70821-1991, (225) 389-3964.

1. Pre-printed expungement forms are not provided by this court system. The motion for expungement must be drawn-up in type-written numbered paragraph form on legal size paper which must include the defendant's:

name
date of birth
race
sex
date of arrest
specific charge to be expunged
brief statement of the outcome of the case
arresting agency (with request that service be made upon it IF felony charge)
current address
current phone number

We have provided you with an expungement form (below). Download, print and fully complete the form. Read the instructions on the first page carefully.

Download/View 19th Judicial Court Expungement Form and Instructions 

2. Recapping the downloadable forms (above) there are several fees associated with the expungement that you will be required to pay.  There is a $110.00 processing fee that must be paid in order for the Clerk of Court's Office to process the order of expungement granted by the judge, which is used for service of documents on various agencies. This fee should be made payable to: DOUG WELBORN, CLERK OF COURT.

There is also a fee due to the BUREAU OF CRIMINAL IDENTIFICATION in the amount of $125.00.

There is also a processing fee of $125.00 due to the EAST BATON ROUGE DISTRICT ATTORNEY'S OFFICE.

These fees will be accepted ONLY in the form of CERTIFIED CHECK OR MONEY ORDER (personal checks will not be accepted). You MUST HAVE THREE SEPARATE CERTIFIED CHECKS OR MONEY ORDER. The total amount due when you file one expungement is $360.00

If the expungement request is denied or dismissed, the defendant will NOT be refunded the $110.00 Clerk of Court fee or the $125.00 District Attorney's fee. If the expungement is NOT granted, the $125.00 Bureau of Criminal Identification fee will be refunded. Indigent or pauper applications may be filled to cover filing cost.

3. Once a defendant's request for expungement is granted, the entire process (actual expungement by all agencies) will take from 6 months to 1 year. The defendant will be notified by mail from the clerk of court's office that the various agencies have expunged their records once such information is received by the clerk's office. However, the notice should stipulate that an additional 8 weeks will be required for the FBI to expunge their records from the National Criminal Identification Center (NCIC).

4. The length of time for the arresting agency and other record agencies is much too long. Sometimes, employment opportunities exist or other reasons require a more timely expungement. In this case, you should personally contact the agency directly and seek expedited action. In the event this fails, a rule to show cause should be filed with the District Court seeking why its order has not and should not be immediately carried out.


BATON ROUGE CITY COURT:

The office that processes expungement requests under this court system is the East Baton Rouge Parish City Court Records Department located in the basement of the city court building. The contact person in this office is Debra Green, Supervisor of City Court Records Department, 223 Saint Louis Street, Baton Rouge, Louisiana 70802, (225) 389-8388.

1. Pre-printed forms are provided by this office in which a defendant shall petition the court with a request for expungement. Therefore, it is preferred that such forms be utilized in making a motion for expungement. The form is to be completed by including the defendant's:

name
date of birth
race
sex
driver's license number (if regarding a traffic citation)
social security number
file/ticket number
state police number (if applicable)
date of arrest
specific chare to be expunged
address

2. The cost to process the expungement request in City Court is $225.00.

3. Once the request is granted or denied, City Court Records Department will notify the movant of such information. If the motion is granted, then the entire process will take 6 weeks to 6 months, depending upon the type of expungement. The notice will stipulate that it will take an additional 8 weeks for the FBI to expunge their records from the NCIC.

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XII. How Each Court System Processes Motions for Expungement:


EAST BATON ROUGE PARISH 19th JUDICIAL DISTRICT COURT:

District Court handles all misdemeanor and felony convictions adjudicated by its court and all arrests made by: Louisiana State Police, EBR Sheriff's Department, LSU Police Department, and Southern University Police. Moreover, District Court handles all felony arrests made by Baton Rouge City Police Department, and other state law enforcement organizations under jurisdiction of the court.

  • STEP 1. The defendant should file the motion to expunge in correct form with the clerk of court office.
  • STEP 2. The clerk's office then forwards the motion to the arresting agency, if so requested. NOTE: If the charge to be expunged is a felony and the movant does request service on the arresting agency, the Clerk of Court will not automatically serve the agency. It will instead forward the motion along with the defendant's file to the District Attorney's office who will then answer based upon the law and inform the Judge that the agency was not served and generally request a dismissal. If this occurs, the court may dismiss or order the agency served and reset the motion for a hearing. If the motion is dismissed for failure to serve an arresting agency, simply refile the motion, serve the arresting agency and proceed.
  • STEP 3. The clerk's office waits for the return of service from the sheriff's office confirming that the arresting agency was served with a copy of the motion to expunge. This is required by the District Attorney's office who must receive a stamped copy of the sheriff's return.
  • STEP 4. Upon receipt of the sheriff's service return from the arresting agency, the clerk's office will pull the defendant's file (motion and/or criminal clerk file) and forward it to the District Attorney along with the motion for expungement and the certified copy of the return from the arresting agency.
  • STEP 5. The District Attorney's office conducts research to determine if the allegations stated in the motion are true and correct. If the allegations of the motion are correct and proper, then the District Attorney's office prepares an answer for the judge stating its approval or disapproval of the motion to expunge. This process takes approximately 1 to 2 weeks to complete, depending upon the number of requests received by the District Attorney's office during that period of time.
  • STEP 6. The District Attorney's office then submits its answer to the clerk's office. The clerk will log in the District Attorney's response to the motion for expungement and forward this response to the judge.
  • STEP 7. The judge has the final decision of whether to grant or deny the motion. If there is no opposition from the District Attorney's office or the arresting agency, then usually a hearing will not be held. (NOTE: It should be understood that each judge has their own procedure in processing expungement requests. To find out how a certain judge will handle a particular expungement request, seek such information from that judge or the judge's law clerk.) If a hearing is to be held, the court will subpoena the concerned parties, and schedule a contradictory hearing.
  • STEP 8. The judge's order with or without a hearing will be returned to the clerk of court office. Most sections of court prepare their own form orders. Some orders are provided by the District Attorney or the defendant. If the motion for expungement is denied, the clerk will copy the order and return it to the defendant or his attorney (if represented by counsel). If the motion is granted, the clerk will send a payment letter out to the defendant or his attorney (if represented by counsel) for the $100.00 processing fee. If the defendant is a pre-approved indigent or pauper, the clerk will process the request.
  • STEP 9. Once the fee is received in proper payment form, or the pauper order signed, the clerk will pull the defendant's file, mark paid, make copies of the order and forward the judge's order to the agencies as cited on the order via the East Baton Rouge Sheriff's Department along with the return affidavit.
  • STEP 10. Upon completion of the expungement of their records, the served agencies will return their affidavit of expungement to the clerk's office even if they did not have any records to expunge. The arresting agency is to serve the FBI once they have expunged their records.
  • STEP 11. The clerk will then make a copy of each return and prepare a form letter for the movant stating that the expungement process has been completed, stipulating that it will take an additional 8 weeks for the FBI to expunge their records.



BATON ROUGE CITY COURT:

This court handles only misdemeanor charges, i.e., misdemeanor AND TRAFFIC arrests or summons issued by the Baton Rouge City Police Department or Animal Control Center and misdemeanor convictions adjudicated by Baton Rouge City Court.

  • STEP 1. Defendant must submit the completed expungement form to the records department.
  • STEP 2. The completed request is forwarded to the judge for his decision.
  • STEP 3. Once the form is signed by the judge, the City Court Records Department will make a copy of the order and forward it via mail to the movant informing him of a granting or denial of the motion.
  • STEP 4. If the motion is granted, the records department will make copies of the order and forward it to the appropriate agencies.
    • If it is an expungement of a summons, then City Court Records will forward to: City Prosecutor's office and City Police Criminal Records Department.
    • If it is an expungement of a record regarding a first offense and the defendant completed pre-trial services, then City Court Records will forward to: Pre-trial services, City Prosecutor's office, and City Police Criminal Records Department.
    • If it is an expungement of an arrest, then City Court Records will forward to: City Prosecutor, Probation Department, Public Safety & Corrections and Traffic Records (if re: DWI), City Police Criminal Records Department, Sheriff's office, State Police, FBI (by arresting agency).
       
  • STEP 5. The served agencies will then expunge their records and send a return affidavit to the City Court Records Department.
  • STEP 6. Upon completion, City Court Records Department will then destroy the file, but shall maintain the return affidavits for record keeping purposes.

** NOTE: In City Court, there are NO LONGER automatic expungements of arrests and/or convictions whenever first time offenders complete the Pre-Trial Service. Now you must file a motion.

Download the applicable Baton Rouge City Court Expungement form depending upon your circumstances (i.e. expungement of an arrest, a DWI, or summons):

Download the Baton Rouge City Court Request for Expungement Form  

Download the Baton Rouge City Court Motion and Order to Expunge an Arrest Record 

Download the Baton Rouge City Court Motion and Order to Expunge a DWI Record  

Download the Baton Rouge City Court Motion and Order to Expunge a Summons Record  

 

 

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XIII. Standard Language of Order Granting an Expungement:

If the court finds that the mover is entitled to the relief sought, it shall order all agencies and law enforcement offices having any record of the arrest, whether on microfilm, computer card or tape, or on any other photographic, electronic, or mechanical method of storing data, to destroy any record of arrest, photograph, fingerprint, or any other information of any and all kinds or descriptions.

The court shall order such custodian of record to file a sworn affidavit to the effect that the records have been destroyed and that no notations or references have been retained in the agency's central repository which will or might lead to the inference that any record ever was on file with any agency or law enforcement office.

The original of this affidavit shall be kept by the ordering court and a copy shall be retained by the affiant agency which shall not be a public record nor open to the public inspection, but shall be kept under lock and key and maintained only for the internal record keeping purposes to preserve the agency's files and shall not be used for any investigative purpose.

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XIV. Arresting Agencies:

As standard procedure in processing expungement requests, each served agency must conduct research as ordered by the court. The following discussion will list each possible agency and give a brief statement of how expungement orders are processed in their office.

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EBR Parish City Police Department
Criminal Records Department

704 Mayflower Street
Baton Rouge, LA 70802
(225) 389-3839

Contact Person: Supervisor of Criminal Records

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Once this department receives the court's order, it will fir4st check to find out if they are in fact an applicable agency by conducting research on its old and new criminal history system, two criminal data base systems and its "LACH" system. If they don't find any information on the defendant, they will make the return to the proper court.
However, if they find that they have criminal records on the defendant, they will process the order by removing all references from public access, remove the arrest record from active files to their expungement (confidential) filing system [this department does not destroy records because it maintains a database for all expunged records]. The department then places an order to have the defendant's fingerprints removed from the archives by sending the request to the FBI for a return of the fingerprint hardcopy.
This process takes approximately 1 - 2 weeks to complete.


EBR Parish Sheriff's Department
Criminal Records Department

300 North Boulevard
Baton Rouge, LA 70802
(225) 389-5002

Contact Person: Supervisor of Criminal Records

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Once this department receives the court's order to expunge the defendant's records, it will first forward a copy of the order to its Criminal Identification Division which will remove the rap sheet and then forward another copy of the order to its Jail System Division which will remove the defendant's information from the computer and booking system. The criminal records department will then remove all incident and arrest reports and all documents relating to any arrests.
This department will destroy all records as directed by the order. However, if they should maintain such records for record keeping purposes, the records will not be accessible to the public.
This process takes approximately 1 - 2 weeks to complete.


La. State Police Department
Criminal Records Department

265 South Foster Drive
Baton Rouge, LA 70806
(225) 925-6095

Contact Person: Expungement Department

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This department handles expungement requests that arrive from every court in the state as well as out-of-state. Thus, their volume of expungement requests is high and there are only two processors within this department.
Therefore, whenever the department receives an expungement request, a temporary block is placed on its computer system which alerts the department of a possible expungement order. Once a record is blocked, only the defendant's name will appear; no additional information will be given until the order can be processed.
Once an order is processed, all hardcopy records will be destroyed and deleted from computer files IF the order pertains to an arrest. If the order is in regard to a conviction, the department will only seal the hardcopy records and place a permanent block on its computer system with a notice that such record(s) are expunged and confidential as to public access.
The process time will vary due to the department's high-volume workload.


Louisiana State University Police Department
Criminal Records Department

South Stadium Road
Baton Rouge, LA 70803-7107
(225) 388-3231

Contact Person: Supervisor of Criminal Records

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Once this department receives the court order of expungement, it will remove the records from its computer system, microfilm system, and its filing system. Pursuant to the order, the department will either destroy (or shred) the records or maintain a hardcopy of the information and store in a confidential filing system.
This process takes approximately 1 day to complete.


Southern University Police Department
Criminal Records Department

P.O. Box 10719
Baton Rouge, LA 70813
(225) 771-2770

Contact Person: Supervisor of Criminal Records

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Once this department receives the court's order to expunge, it will pull the pertinent arrest reports from the active files and clear the information from its computer system. However, the computer system will maintain the file number for record keeping purposes; the computer will not divulge any information since the record cannot be obtained without the defendant's name or social security number.
This process takes approximately 1 day to complete.


EBR Parish District Attorney
Criminal Records Department

222 St. Louis Street, Suite
Baton Rouge, LA 70802
(225) 389-3416

Contact Person: Supervisor of Criminal Record

Once the department receives an order to expunge, it will remove the pertinent records from the active filing system into a non-active file room.
This process takes approximately 1 week through two weeks to complete.

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XV. Time Period Allotted To Process an Expungement Request:

DISTRICT COURT

This court system advises defendants that all expungement requests take approximately 6 months to 1 year to complete. This long delay is not due to the Court system. The delay is caused by the agency ordered to expunge due to back log.

CITY COURT

The expungement of a summons is processed quickly at an approximate time period of 6 weeks. However, the expungement of an arrest and/or conviction record may take 6 months to a year.

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XVI. Research To Obtain Accurate Arrest and Conviction Records:

DISTRICT COURT

Should a defendant need to research his arrest record in District Court, the Clerk of Court Criminal Records office will conduct such research for a fee of $20.00 per name or allow the defendant's counsel to conduct the research free of charge.

CITY COURT

To find an account of an arrest record in City Court, defendants are to have a records check performed at the Baton Rouge City Police Criminal Records Department for a $20.00 fee.

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However, in addition to the above, to obtain a thorough account of arrest and conviction records, one should contact the East Baton Rouge Parish Prison Sheriff's Department for a copy of the complete criminal rap sheet. Such information will be provided for a $10.00 fee.

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