EXPUNGEMENT INFORMATION SHEET FORMS PACKAGE.pdfEXPUNGEMENT INFORMATION SHEET FORMS: Motion to Set Aside Conviction and Dismiss Prosecution – must be filed to have Article 893 and

EXPUNGEMENT INFORMATION SHEET

FORMS: Motion to Set Aside Conviction and Dismiss Prosecution – must be filed to have Article 893 and Article 894 sentences set aside (no cost to file) Certification of Fee Waiver – must be completed and signed by District Attorney’s Office to have fee waived. Motion for Expungement – must be filed to have arrest and/or convictions expunged Order of Expungement of Arrest/Conviction Record – must be signed by Judge to have record expunged Motion for Interim Expungement – can be filed if original felony charge/conviction is reduced to misdemeanor Order of Expungement of Interim Arrest Record – must be signed by Judge to have interim record expunged Supplemental sheet – to be used if additional space needed for arrest/convictions

ALL ORIGINAL DOCUMENTS MUST BE FILED WITH CLERK OF COURT COST AT TIME OF FILING: $200.00 Money order payable to Clerk of Court $250.00 Money order payable to Louisiana Bureau of Criminal Identification/Information $ 50.00 Money order payable to Bossier Parish Sheriff $ 50.00 Money order payable to Bossier Parish District Attorney

THESE FEES ARE NONREFUNDABLE GENERAL INFORMATION:

• By law, the clerk of court does not provide any legal advice on how to prepare legal documents-you would either need to speak to a lawyer or do research in Louisiana law books to determine what information should be included in the motion.

• Once a motion is filed with the clerk of court, it will be sent to the Judge to sign and set motion for hearing date. You and/or your lawyer will need to be present in court on that day; the Clerk of Court will mail a notice of the court date so please ensure a valid mailing address is included on the original motion.

• If the Judge grants the expungement, you will need to present him/her with the Order for expungement of Arrest/Conviction Record to sign in open court.

• If the expungement is granted you will need to get certified copies of any filings needed-certified copies are $ .50 per page plus an additional $5.00 for certification of each copy; please be sure to get an adequate number of copies upfront, as you may not be able to get additional copies later once the files have been removed from public record.

• The State of Louisiana, District Attorney and Sheriff will be served with a copy of the judgment however; you will be responsible for serving any other agency with information about your charge on file.

• An expungement must be filed for EACH ARREST.

ENROLLED

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CODING: Words in struck through type are deletions from existing law; words underscoredare additions.

ACT No. 145Regular Session, 2014

HOUSE BILL NO. 55

BY REPRESENTATIVES LOPINTO, ADAMS, ARMES, BADON, BARRAS, WESLEYBISHOP, BROSSETT, BROWN, HENRY BURNS, BURRELL, CARMODY,CARTER, COX, DIXON, GAINES, GUILLORY, HARRISON, HAZEL, HODGES,HOFFMANN, HONORE, HOWARD, HUNTER, KATRINA JACKSON, JAMES,JEFFERSON, NANCY LANDRY, TERRY LANDRY, MORENO, JIM MORRIS,NORTON, PYLANT, SMITH, ST. GERMAIN, THIERRY, PATRICK WILLIAMS,AND WOODRUFF AND SENATORS GALLOT, GUILLORY, JOHNS,MARTINY, MILLS, MORRELL, GARY SMITH, AND TARVER

AN ACT1

To amend and reenact R.S. 44:4.1(38), to enact Title XXXIV of the Code of Criminal2

Procedure, to be comprised of Articles 971 through 995, and to repeal R.S. 44:9,3

relative to expungement; to provide for the effect of expunged records; to provide4

for definitions; to authorize the expungement of certain felony conviction records;5

to prohibit the dissemination of expunged records by third parties; to provide6

penalties for the unlawful dissemination of expunged records by third parties; to7

provide for legislative findings; to provide for applicability; to provide for8

procedures for obtaining an expungement; to provide for filing of motions to obtain9

an expungement; to provide for service of motions for expungement; to provide for10

service of judgments of expungement; to authorize the expungement of conviction11

records after a certain period of time has elapsed; to provide for eligibility to obtain12

an expungement; to delete provisions of law referring to destruction of arrest or13

conviction records; to provide for the assessment of certain fees for expungement;14

to provide that certain fees are nonrefundable; to provide for expungement by15

redaction of records; to provide for uniform forms for expungement; to provide for16

the exemption of certain fees in certain circumstances; to provide for a judgment17

granting an expungement; to provide for contradictory hearings; to prohibit18

incarcerated individuals from filing a motion to expunge an arrest or conviction19

record; to provide for the interim expungement of certain arrests from criminal20

ENROLLEDHB NO. 55

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history records; to provide for exceptions to the public records law; and to provide1

for related matters.2

Be it enacted by the Legislature of Louisiana:3

Section 1. Title XXXIV of the Code of Criminal Procedure, comprised of Articles4

971 through 995, is hereby enacted to read as follows:5

Art. 971. Legislative findings6

The legislature hereby finds and declares the following:7

(1) Louisiana law provides for the expungement of certain arrest and8

conviction records under limited circumstances. Obtaining an expungement of these9

records allows for the removal of a record from public access but does not result in10

the destruction of the record.11

(2) An expunged record is confidential, but remains available for use by law12

enforcement agencies, criminal justice agencies, and other statutorily defined13

agencies.14

(3) Following the passage of the Maritime Transportation Security Act of15

2002, all individuals who wish to work at ports or on vessels regulated by this Act16

are required to obtain a Transportation Worker Identification Credential (TWIC).17

Obtaining a TWIC card requires a criminal history check and clearance which cannot18

be obtained without either a clean record or an expunged record with respect to19

certain offenses.20

(4) The inability to obtain an expungement can prevent certain individuals21

from obtaining gainful employment.22

(5) The need for employment must be balanced appropriately against the23

desire for public safety. Nothing in this Title shall be construed to limit or impair in24

any way the subsequent use of any expunged record of arrest or conviction in any25

lawful manner by law enforcement, law enforcement agencies, prosecutors, or26

judges, including its use as a predicate offense or for the provisions of the Habitual27

Offender Law.28

(6) It is the intention of the legislature that this Title will provide29

opportunities to break the cycle of criminal recidivism, increase public safety, and30

ENROLLEDHB NO. 55

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assist the growing population of criminal offenders reentering the community to1

establish a self-sustaining life through opportunities in employment.2

(7) In balancing the legitimate needs of law enforcement agencies and the3

desire to afford employment opportunities to all Louisiana citizens, the Louisiana4

Legislature enacts the provisions of this Title within the Code of Criminal Procedure.5

Art. 972. Definitions6

As used in this Title:7

(1) "Expunge a record" means to remove a record of arrest or conviction,8

photographs, fingerprints, disposition, or any other information of any kind from9

public access pursuant to the provisions of this Title. "Expunge a record" does not10

mean destruction of the record.11

(2) "Expungement by redaction" provides for the expungement of records12

of a person who is arrested or convicted with other persons who are not entitled to13

expungement and involves the removal of the name or any other identifying14

information of the person entitled to the expungement and otherwise retains the15

records of the incident as they relate to the other persons.16

(3) "Interim expungement" means to expunge a felony arrest from the17

criminal history of a person who was convicted of a misdemeanor offense arising out18

of the original felony arrest. Only the original felony arrest may be expunged in an19

interim expungement.20

(4) "Records" includes any incident reports, photographs, fingerprints,21

disposition, or any other such information of any kind in relation to a single arrest22

event in the possession of the clerk of court, any criminal justice agency, and local23

and state law enforcement agencies but shall not include DNA records.24

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Art. 973. Effect of expunged record of arrest or conviction1

A. An expunged record of arrest or conviction shall be confidential and no2

longer considered to be a public record and shall not be made available to any person3

or other entity except for the following:4

(1) To a member of a law enforcement or criminal justice agency or5

prosecutor who shall request that information in writing, certifying that the request6

is for the purpose of investigating, prosecuting, or enforcing criminal law, for the7

purpose of any other statutorily defined law enforcement or administrative duties,8

or for the purposes of the requirements of sex offender registration and notification9

pursuant to the provisions of R.S. 15:540 et seq.10

(2) On order of a court of competent jurisdiction and after a contradictory11

hearing for good cause shown.12

(3) To the person whose record has been expunged or his counsel.13

(4) To a member of a law enforcement or criminal justice agency,14

prosecutor, or judge, who requests that information in writing, certifying that the15

request is for the purpose of defending a law enforcement, criminal justice agency,16

or prosecutor in a civil suit for damages resulting from wrongful arrest or other civil17

litigation and the expunged record is necessary to provide a proper defense.18

B. Upon written request therefor and on a confidential basis, the information19

contained in an expunged record may be released to the following entities that shall20

maintain the confidentiality of such record: the Office of Financial Institutions, the21

Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing,22

the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of23

Psychologists, the Louisiana Board of Pharmacy, the Louisiana State Board of Social24

Work Examiners, the Emergency Medical Services Certification Commission,25

Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, the26

Louisiana Supreme Court Committee on Bar Admissions, the Louisiana Department27

of Insurance, the Louisiana Licensed Professional Counselors Board of Examiners,28

or any person or entity requesting a record of all criminal arrests and convictions29

pursuant to R.S. 15:587.1, or as otherwise provided by law.30

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C. Except as to those persons and other entities set forth in Paragraph A of1

this Article, no person whose record of arrest or conviction has been expunged shall2

be required to disclose to any person that he was arrested or convicted of the subject3

offense, or that the record of the arrest or conviction has been expunged.4

D. Any person who fails to maintain the confidentiality of records as5

required by the provisions of this Article shall be subject to contempt proceedings.6

E. Nothing in this Article shall be construed to limit or impair in any way the7

subsequent use of any expunged record of any arrests or convictions by a law8

enforcement agency, criminal justice agency, or prosecutor including its use as a9

predicate offense, for the purposes of the Habitual Offender Law, or as otherwise10

authorized by law.11

F. Nothing in this Article shall be construed to limit or impair the authority12

of a law enforcement official to use an expunged record of any arrests or convictions13

in conducting an investigation to ascertain or confirm the qualifications of any14

person for any privilege or license as required or authorized by law.15

G. Nothing in this Article shall be construed to limit or impair in any way16

the subsequent use of any expunged record of any arrests or convictions by a "news-17

gathering organization". For the purposes of this Title, "news-gathering18

organization" means all of the following:19

(1) A newspaper, or news publication, printed or electronic, of current news20

and intelligence of varied, broad, and general public interest, having been published21

for a minimum of one year and that can provide documentation of membership in a22

statewide or national press association, as represented by an employee thereof who23

can provide documentation of his employment with the newspaper, wire service, or24

news publication.25

(2) A radio broadcast station, television broadcast station, cable television26

operator, or wire service as represented by an employee thereof who can provide27

documentation of his employment.28

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H. Nothing in this Article shall be construed to relieve a person who is1

required to register and provide notice as a child predator or sex offender of any2

obligations and responsibilities provided in R.S. 15:541 et seq.3

Art. 974. Dissemination of expunged records by third parties; court order4

A. A private third-party entity, excluding a news-gathering organization, that5

compiles and disseminates criminal history information for compensation shall not6

disseminate any information in its possession regarding an arrest, conviction, or7

other disposition after it has received notice of an issuance of a court order to8

expunge the record of any such arrest or conviction. The provisions of this9

Paragraph shall not apply to private third-party entities which are regulated by the10

Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or the Gramm-Leach-Bliley Act11

(15 U.S.C. 6801-6809).12

B. The person obtaining the expungement shall send notice of the order of13

expungement by certified or registered mail with return receipt requested and a14

certified copy of the order of expungement.15

C. A private third-party entity that publicly disseminates criminal history16

information in violation of this Article after having received notice as provided for17

in Paragraph B of this Article, may be liable for any actual damages, court costs, and18

attorney fees that are incurred by the person whose criminal history was19

disseminated.20

Art. 975. Individuals incarcerated; ineligible to file motion to expunge records21

Notwithstanding any other provision of law to the contrary, a person in the22

custody of the Department of Public Safety and Corrections, or incarcerated in any23

correctional facility shall not be permitted to file a motion to expunge a record of an24

arrest which did not result in a conviction or to expunge a record of an arrest and25

conviction of a misdemeanor or felony offense.26

Art. 976. Motion to expunge record of arrest that did not result in a conviction27

A person may file a motion to expunge a record of his arrest for a felony or28

misdemeanor offense that did not result in a conviction if any of the following apply:29

ENROLLEDHB NO. 55

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(1) The person was not prosecuted for the offense for which he was arrested,1

and the limitations on the institution of prosecution have barred the prosecution for2

that offense.3

(2) The district attorney for any reason declined to prosecute any offense4

arising out of that arrest.5

(3) Prosecution was instituted and such proceedings have been finally6

disposed of by dismissal, sustaining of a motion to quash, or acquittal.7

Art. 977. Motion to expunge a record of arrest and conviction of a misdemeanor8

offense9

A. A person may file a motion to expunge his record of arrest and conviction10

of a misdemeanor offense if either of the following apply:11

(1) The conviction was set aside and the prosecution was dismissed pursuant12

to Code of Criminal Procedure Article 894(B).13

(2) More than five years have elapsed since the person completed any14

sentence, deferred adjudication, or period of probation or parole, and the person has15

not been convicted of any felony offense during the five-year period, and has no16

felony charge pending against him. The motion filed pursuant to this Subparagraph17

shall include a certification obtained from the district attorney which verifies that to18

his knowledge the applicant has no felony convictions during the five-year period19

and no pending felony charges under a bill of information or indictment.20

B. The motion to expunge a record of arrest and conviction of a21

misdemeanor offense shall be served pursuant to the provisions of Code of Criminal22

Procedure Article 979.23

C. No person shall be entitled to expungement of a record under either of the24

following circumstances:25

(1) The misdemeanor conviction arose from circumstances involving a sex26

offense as defined in R.S. 15:541, except that an interim expungement shall be27

available as authorized by the provisions of Code of Criminal Procedure Article28

985.1.29

ENROLLEDHB NO. 55

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(2) The misdemeanor conviction was for domestic abuse battery which was1

not dismissed pursuant to Code of Criminal Procedure Article 894(B).2

D.(1) Expungement of a record of arrest and conviction of a misdemeanor3

offense shall occur only once with respect to any person during a five-year period,4

unless the person was sentenced pursuant to Code of Criminal Procedure Article5

894(B).6

(2) Expungement of a record of arrest and conviction of a misdemeanor7

offense of operating a vehicle while intoxicated shall occur only once with respect8

to any person during a ten-year period.9

Art. 978. Motion to expunge record of arrest and conviction of a felony offense10

A. Except as provided in Paragraph B of this Article, a person may file a11

motion to expunge his record of arrest and conviction of a felony offense if either of12

the following apply:13

(1) The conviction was set aside and the prosecution was dismissed pursuant14

to Code of Criminal Procedure Article 893(E).15

(2) More than ten years have elapsed since the person completed any16

sentence, deferred adjudication, or period of probation or parole based on the felony17

conviction, and the person has not been convicted of any other criminal offense18

during the ten-year period, and has no criminal charge pending against him. The19

motion filed pursuant to this Subparagraph shall include a certification obtained from20

the district attorney which verifies that, to his knowledge, the applicant has no21

convictions during the ten-year period and no pending charges under a bill of22

information or indictment.23

B. No expungement shall be granted nor shall a person be permitted to file24

a motion to expunge the record of arrest and conviction of a felony offense if the25

person was convicted of the commission or attempted commission of any of the26

following offenses:27

(1) Unless otherwise permissible under Code of Criminal Procedure Article28

893(E), a crime of violence as defined by or enumerated in R.S. 14:2(B).29

ENROLLEDHB NO. 55

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(2)(a) Notwithstanding any provision of Code of Criminal Procedure Article1

893, a sex offense or a criminal offense against a victim who is a minor as each term2

is defined by R.S. 15:541, or any offense which occurred prior to June 18, 1992, that3

would be defined as a sex offense or a criminal offense against a victim who is a4

minor had it occurred on or after June 18, 1992.5

(b) Any person who was convicted of carnal knowledge of a juvenile (R.S.6

14:80) prior to August 15, 2001, is eligible for an expungement pursuant to the7

provisions of this Title if the offense for which the offender was convicted would be8

defined as misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1) had the9

offender been convicted on or after August 15, 2001. The burden is on the mover10

to establish that the elements of the offense of conviction are equivalent to the11

current definition of misdemeanor carnal knowledge of a juvenile as defined by R.S.12

14:80.1. A copy of the order waiving the sex offender registration and notification13

requirements issued pursuant to the provisions of R.S. 15:542(F) shall be sufficient14

to meet this burden.15

(3) Unless otherwise permissible under Code of Criminal Procedure Article16

893(E), a violation of the Uniform Controlled Dangerous Substances Law, except17

that a conviction for possession of a controlled dangerous substance as provided for18

in R.S. 40:966(C), 967(C), 968(C), or 969(C), or a conviction for possession of a19

controlled dangerous substance with the intent to distribute may be expunged20

pursuant to the provisions of this Title.21

C. The motion to expunge a record of arrest and conviction of a felony22

offense shall be served pursuant to the provisions of Code of Criminal Procedure23

Article 979.24

D. Expungement of a record of arrest and conviction of a felony offense25

shall occur only once with respect to any person during a fifteen-year period.26

Art. 979. Service of motion to expunge a record27

The clerk of court shall serve notice of the motion of expungement by U.S.28

mail or electronically upon the following entities:29

(1) The district attorney of the parish of conviction.30

ENROLLEDHB NO. 55

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(2) The Louisiana Bureau of Criminal Identification and Information.1

(3) The arresting law enforcement agency.2

Art. 980. Contradictory hearing3

A. Any entity named in Code of Criminal Procedure Article 979 that4

receives notice of the motion may object to the granting of a motion to expunge a5

record.6

B.(1) Except as provided in Subparagraph (2) of this Paragraph, an objecting7

party shall file an affidavit of response with reasons for the objection in the record8

with service to the defendant within sixty days from the date of service of the motion9

and specifically state the grounds for the objection.10

(2) If the Louisiana Bureau of Criminal Identification and Information11

objects to the granting of the motion to expunge a record, it shall file an affidavit of12

response with reasons for the objection in the record with service to the defendant13

within one hundred and twenty days from the date of the service of the motion until14

August 1, 2015. On August 1, 2015, and thereafter, if the Louisiana Bureau of15

Criminal Identification and Information objects to the granting of the motion to16

expunge a record, it shall file an affidavit of response with reasons for the objection17

in the record with service to the defendant within sixty days from the date of the18

service of the motion.19

C. The court may grant an extension of time to file an objection not to20

exceed sixty days from the date of service of the motion to expunge a record.21

D. Any objection timely filed shall have a contradictory hearing. If an22

objection is timely filed, the district attorney shall file a motion and order setting the23

matter for a contradictory hearing. A notice of hearing shall be served on the24

defendant and those persons provided for in Code of Criminal Procedure Article 979.25

E. The objecting agency must show by a preponderance of the evidence why26

the motion of expungement should not be granted.27

F. If no objection is filed by an agency listed under Article 979, the28

defendant may waive the contradictory hearing, and the court shall grant the motion29

ENROLLEDHB NO. 55

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to expunge the record if the court determines that the mover is entitled to the1

expungement in accordance with law.2

G. Any agency listed under Article 979 may expressly waive its time period3

to object by filing a formal "No Opposition" into the record.4

Art. 981. Judgment granting motion to expunge a record of arrest or conviction;5

execution6

A judgment ordering expungement of a record of arrest or of conviction of7

a misdemeanor or felony offense shall be served as provided for in Code of Criminal8

Procedure Article 982. The judgment shall not affect any persons or other entities9

set forth in Code of Criminal Procedure Article 979 or 982 who have not been served10

with the motion and judgment ordering the expungement of a record.11

Art. 982. Service of order and judgment of expungement12

The clerk of court shall serve the order and judgment of expungement of a13

record by U.S. mail or electronically upon all of the following entities:14

(1) The district attorney of the parish of conviction.15

(2) The Louisiana Bureau of Criminal Identification and Information.16

(3) The sheriff of the parish of conviction.17

(4) The arresting agency.18

Art. 983. Costs of expungement of a record; fees; collection; exemptions;19

disbursements20

A. Except as provided for in Code of Criminal Procedure Articles 894 and21

984, the total cost to obtain a court order expunging a record shall not exceed five22

hundred fifty dollars.23

B. The nonrefundable processing fees for a court order expunging a record24

shall be as follows:25

(1) The Louisiana Bureau of Criminal Identification and Information may26

charge a processing fee of two hundred fifty dollars for the expungement of any27

record of arrest when ordered to do so by the court in compliance with the provisions28

of this Title.29

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(2) The sheriff may charge a processing fee of fifty dollars for the1

expungement of any record of arrest when ordered to do so by the court in2

compliance with the provisions of this Title.3

(3) The district attorney may charge a processing fee of fifty dollars for the4

expungement of any record of arrest when ordered to do so by the court in5

compliance with the provisions of this Title.6

(4) The clerk of court may charge a processing fee not to exceed two7

hundred dollars to cover the clerk's costs of the expungement.8

C. The clerk of court shall collect all processing fees at the time the motion9

for expungement is filed.10

D.(1) The clerk shall immediately direct the collected processing fee11

provided for in Subparagraph (B)(1) of this Article to the Louisiana Bureau of12

Criminal Identification and Information, and the processing fee amount shall be13

deposited immediately upon receipt into the Criminal Identification and Information14

Fund.15

(2) The clerk shall immediately direct the collected processing fees provided16

for in Subparagraphs (B)(2) and (3) of this Article to the sheriff and the district17

attorney, and the processing fee amount shall be remitted immediately upon receipt18

in equal proportions to the office of the district attorney and the sheriff's general19

fund.20

E. The processing fees provided for by this Article are nonrefundable and21

shall not be returned even if the court does not grant the motion for expungement.22

F. An applicant for the expungement of a record shall not be required to pay23

any fee to the clerk of court, the Louisiana Bureau of Criminal Identification and24

Information, sheriff, the district attorney, or any other agency to obtain or execute25

an order of a court of competent jurisdiction to expunge the arrest from the26

individual's arrest record if a certification obtained from the district attorney is27

presented to the clerk of court which verifies that the applicant has no felony28

convictions and no pending felony charges under a bill of information or indictment29

and at least one of the following applies:30

ENROLLEDHB NO. 55

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(1) The applicant was acquitted, after trial, of all charges derived from the1

arrest, including any lesser and included offense.2

(2) The district attorney consents, and the case against the applicant was3

dismissed or the district attorney declined to prosecute the case prior to the time4

limitations prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure,5

and the applicant did not participate in a pretrial diversion program.6

(3) The applicant was arrested and was not prosecuted within the time7

limitations prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure8

and did not participate in a pretrial diversion program.9

(4) The applicant was determined to be factually innocent and entitled to10

compensation for a wrongful conviction pursuant to the provisions of R.S. 15:572.8.11

G. Notwithstanding any other provision of law to the contrary, a juvenile12

who has successfully completed any juvenile drug court program operated by a court13

of this state shall be exempt from payment of the processing fees otherwise14

authorized by this Article.15

Art. 984. Additional requirements for the expungement of records involving the16

operation of a vehicle while intoxicated; additional fee17

A. A person convicted of operating a vehicle while intoxicated shall be18

required to supplement the motions required in this Title with proof in the form of19

a certified letter from the Department of Public Safety and Corrections, office of20

motor vehicles, that the person has complied with the requirements of this Article.21

The certified letter shall be attached to the motion to expunge the record of arrest and22

conviction for operating a vehicle while intoxicated.23

B. The court shall order the clerk of court to mail to the Department of24

Public Safety and Corrections, office of motor vehicles, all of the following as25

provided by the defendant:26

(1) A certified copy of the record of the plea of guilty or nolo contendere.27

(2) Fingerprints of the defendant.28

ENROLLEDHB NO. 55

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(3) Proof that the defendant meets the requirements as set forth in Code of1

Criminal Procedure Article 556 or 556.1 which shall include the defendant's date of2

birth, social security number, and driver's license number.3

C. An additional fifty dollar court cost shall be assessed at this time against4

the defendant and paid to the Department of Public Safety and Corrections, office of5

motor vehicles, for the costs of storage and retrieval of the records.6

Art. 985. Expungement by redaction of records with references to multiple7

individuals8

A. If a record includes the name of more than one individual and one or9

more of the individuals is entitled to an expungement of an arrest or conviction10

pursuant to the provisions of this Title, any individual entitled to an expungement11

may petition the court to have records related to the arrest or conviction of the12

individual expunged by redaction.13

B. If the court grants the expungement by redaction, the name of the14

individual and all other identifying information regarding the individual granted the15

expungement by redaction shall be redacted from all records regarding the arrest and16

conviction. The redacted records shall be available for public access.17

C. The clerk of court shall not be liable for any damages resulting to any18

person or entity as a consequence of expunging or redacting or for the failure to19

expunge or redact any record where the expungement order does not specifically20

identify all locations of the records to be expunged or specify the information to be21

redacted.22

Art. 985.1. Interim motion to expunge a felony arrest from criminal history in23

certain cases resulting in a misdemeanor conviction24

A. A person may file an interim motion to expunge a felony arrest from his25

criminal history when that original arrest results in a conviction for a misdemeanor.26

In such cases, only the original felony arrest may be expunged.27

B. The interim motion to expunge a felony arrest which results in a28

misdemeanor conviction from criminal history is separate and distinct from an29

ENROLLEDHB NO. 55

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expungement of a final conviction pursuant to Code of Criminal Procedure Articles1

976, 977, and 978.2

C. Except as provided in Paragraph D of this Article, an interim motion to3

expunge a felony arrest from criminal history shall follow the same procedures and4

fees established pursuant to the provisions of Code of Criminal Procedure Article5

979, et seq.6

D. An interim motion to expunge shall not be subject to the time limitations7

provided for in Articles 977(A)(2) or 978(A)(2), and there shall be no restriction on8

the number of interim expungements which may be granted.9

Art. 986. Forms for the expungement of records10

A. Only the forms provided for in Articles 987, 988, 989, 990, 991, 992, 993,11

994, and 995 shall be used for filing motions to expunge a record of an arrest which12

did not result in a conviction, for the expungement of a record of arrest and13

conviction of a misdemeanor or felony offense, or for an interim motion to expunge14

a felony offense which resulted in a misdemeanor conviction.15

B. Supplemental forms may be added to any petition as long as they adhere16

to the form provided for in Article 993.17

ENROLLEDHB NO. 55

Page 16 of 37


Art. 987. Motion to set aside conviction and dismiss prosecution; rule to show1

cause; order of dismissal forms to be used2

" STATE OF LOUISIANA3

JUDICIAL DISTRICT FOR THE PARISH OF 4

______________________________5

No.: _____________ Division: "_______"6

State of Louisiana7

vs.8

_______________________________________________________9

MOTION TO SET ASIDE CONVICTION AND 10

DISMISS PROSECUTION11

NOW INTO HONORABLE COURT, comes 12

G Defendant, OR13

G Defendant through undersigned Counsel, 14

who moves that the conviction pursuant to Louisiana Code of Criminal Procedure15

G 894(B) Misdemeanors, OR16

G 893(E) Felonies17

in the above numbered case be set aside and that the prosecution dismissed in18

accordance with the Code of Criminal Procedure in that the period of the deferred19

sentence has run and petitioner has successfully completed the terms of his20

probation.21

The mover is further identified below:22

DOCKET NUMBER: _______________________23

CHARGE: _______________________24

DATE OF ARREST: _______________________25

ARRESTING AGENCY: _______________________26

CITY/PARISH OF ARREST: _______________________27

ENROLLEDHB NO. 55

Page 17 of 37


The Mover prays that, after a contradictory hearing with the District1

Attorney's Office, the Court order the above numbered case be set aside and that the2

prosecution dismissed in accordance with the Code of Criminal Procedure.3

Respectfully submitted,4

____________________________________5Signature of Attorney for Mover/Defendant6

____________________________________7Attorney for Mover/Defendant Name8

____________________________________9Attorney's Bar Roll No.10

____________________________________11Address12

____________________________________13City, State, ZIP Code14

____________________________________15Telephone Number16

If not represented by counsel:17

____________________________________18Signature of Mover/Defendant19

____________________________________20Mover/Defendant Name21

____________________________________22Address23



ENROLLEDHB NO. 55

Page 18 of 37


STATE OF LOUISIANA1JUDICIAL DISTRICT FOR THE PARISH OF 2

______________________________3

No.: ______________ Division: "_______"4

State of Louisiana5

vs.6

_______________________________________________________7

RULE TO SHOW CAUSE8

IT IS HEREBY ORDERED, that the District Attorney show cause on the9

_______ day of ______________________, 20 _____, at ______o'clock __m why10

the foregoing motion should not be granted.11

THUS ORDERED AND SIGNED this ____ day of _________________,12

20 ____ at ______________, Louisiana, ___________________________.13

___________________________14JUDGE15

PLEASE SERVE:16

1. District Attorney: _____________________________________________17

2. Attorney for Defendant and/or Defendant ____________________________18

STATE OF LOUISIANA19JUDICIAL DISTRICT FOR THE PARISH OF 20

______________________________21

No.: _________ Division: "_______"22

State of Louisiana23

vs.24

_______________________________________________________25

ORDER OF DISMISSAL26

Considering the Motion to Set Aside Conviction and Dismiss Prosecution,27

the hearing conducted on the representation of the State of Louisiana of its consent28

hereto, and that there is no opposition for any good cause appearing herein;29

IT IS ORDERED, ADJUDGED AND DECREED that this conviction is set30

aside and the prosecution dismissed for purposes of expungement.31

ENROLLEDHB NO. 55

Page 19 of 37


THUS ORDERED AND SIGNED this _____ day of _______________, 201

____at ________________, Louisiana.2

___________________________________3JUDGE4

PLEASE SERVE:5

1. District Attorney:________________________________________________6

2. Attorney for Defendant and/or Defendant ___________________________"7

Art. 988. Motion for fee exemption form to be used8

" STATE OF LOUISIANA9JUDICIAL DISTRICT FOR THE PARISH OF 10

______________________________11

No.: ______________ Division: "_______"12


vs.14_______________________________________________________15

CERTIFICATION OF FEE WAIVER16

To be completed by defendant and submitted to the District Attorney's Office prior17to filing. Append completed form to Motion of Expungement at filing only if eligible.18

DEFENDANT NAME19

DATE OF BIRTH20

SSN#21

DATE OF ARREST22

DOCKET NUMBER23

CHARGE24

In accordance with Louisiana Code of Criminal Procedure Article 983, the Office of25the District Attorney has reviewed the available databases and determined that26(Check all that apply. To be completed by authorized personnel from the District27Attorney's Office and returned within 15 days to defendant.):28

G The arrestee listed above has NO FELONY CONVICTIONS.29

AND30

G The arrestee listed above has NO PENDING FELONY CHARGES UNDER31A BILL OF INDICTMENT OR INFORMATION.32

AND33

G The arrestee listed above WAS ACQUITTED after trial of all charges34derived from the arrest listed above, including any lesser and included35offense.36

ENROLLEDHB NO. 55

Page 20 of 37


OR1

G The arrestee listed above WAS NOT PROSECUTED WITHIN THE TIME2LIMITATIONS prescribed in Chapter 1 of Title XVII of the Code of3Criminal Procedure and the arrestee did not participate in a pretrial diversion4program for the arrest listed above.5

OR6

G The case involving the arrestee listed above was dismissed or the district7attorney declined to prosecute the case prior to the time limitations8prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure, and9the arrestee did not participate in a pretrial diversion program.10

OR11

G The arrestee listed above has been determined to be factually innocent and12entitled to compensation for a wrongful conviction pursuant to the provisions13of R.S. 15:572.8.14

_____________________________________15District Attorney or his designee - Print Name16

_____________________________________ __________________, 20____"17District Attorney or his designee - Signature Date 18

Art. 989. Motion for expungement forms to be used19


______________________________22

No.: _____________ Division: "_______"23


vs.25

_______________________________________________________26

MOTION FOR EXPUNGEMENT27

NOW INTO COURT comes mover, who provides the court with the28

following information in connection with this request:29

I. DEFENDANT INFORMATION30

NAME: ___________________________________________________________31(Last, First, MI)32

DOB: ________/______/_______ (MM/DD/YYYY)33

GENDER _____ Female _____Male34

SSN (last 4 digits): XXX-XX-________35

RACE: _________________ 36

ENROLLEDHB NO. 55

Page 21 of 37


DRIVER LIC.# _________________1

ARRESTING AGENCY: __________________________________________2

SID# (if available): _________________3

ARREST NUMBER: _________________4

Mover is entitled to expunge the record of his arrest/conviction pursuant to5

Louisiana Code of Criminal Procedure 971 et seq. and states the following in6

support:7

II. ARREST INFORMATION8

1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)9

2. _____ YES _____ NO A supplemental sheet with arrests and/or10convictions is attached after page 2 of this11Motion. 12

3. Mover was:13

_____ YES _____ NO Arrested, but it did not result in conviction14_____ YES _____ NO Convicted of and seeks to expunge a15

misdemeanor 16_____ YES _____ NO Convicted of and seeks to expunge a felony 17

4. Mover was booked and/or charged with the following offenses: (List each18offense booked and charged separately. Attach a supplemental sheet, if19necessary.)20

____ Yes ____ No ARRESTS THAT DID NOT RESULT IN CONVICTION21

ITEM NO. 1 La. Rev. Stat. Ann. § _______ : ________22Name of the offense __________________23( ) Time expired for prosecution __________________24

(MM/DD/YYYY) 25( ) Not prosecuted for any offense 26 arising out of this charge.27( ) Pre-trial Diversion Program.28( ) DWI Pre-Trial Diversion Program 29 and 5 years have elapsed since the 30 date of arrest.31( ) Charge dismissed 32( ) Found not guilty/judgment of acquittal33


(MM/DD/YYYY) 37( ) Not prosecuted for any 38 offense arising out of this charge.39( ) Pre-trial Diversion Program.40( ) Charge dismissed 41( ) Found not guilty/judgment of acquittal42

ENROLLEDHB NO. 55

Page 22 of 37



(MM/DD/YYYY) 4( ) Not prosecuted for any offense 5 arising out of this charge.6( ) Pre-trial Diversion Program.7( ) Charge dismissed 8( ) Found not guilty/judgment of acquittal9

____ Yes ____ No MISDEMEANOR CONVICTIONS10

ITEM NO. 1 La. Rev. Stat. Ann. § _______ : ________11Name of the offense _________________12( ) Conviction set aside/dismissed _____/____/_______13 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY) 14( ) More than 5 years have passed15 since completion of sentence.16

ITEM NO. 2 La. Rev. Stat. Ann. § _______ : ________17Name of the offense _________________18( ) Conviction set aside/dismissed _____/____/_______19 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY) 20( ) More than 5 years have passed21 since completion of sentence.22

____ Yes ____ No FELONY CONVICTIONS23

ITEM NO. 1 La. Rev. Stat. Ann. § _______ : ________24( ) Conviction set aside/dismissed _____/____/_______25 pursuant to C.Cr.P. Art. 893(E) (MM/DD/YYYY) 26( ) More than 10 years have passed27 since completion of sentence28

ITEM NO. 2 La. Rev. Stat. Ann. § _______ : ________29( ) Conviction set aside/dismissed _____/____/_______30 pursuant to C.Cr.P. Art. 893(E) (MM/DD/YYYY) 31( ) More than 10 years have passed32 since completion of sentence33

____ Yes ____ No OPERATING A MOTOR VEHICLE WHILE34INTOXICATED CONVICTIONS35

Mover has attached the following:36

( ) A copy of the proof from the Department of Public Safety and37Corrections, office of motor vehicles, that it has received from the38clerk of court a certified copy of the record of the plea, fingerprints39of the defendant, and proof of the requirements set forth in C.Cr.P.40Art. 556, which shall include the defendant's date of birth, last four41digits of social security number, and driver's license number42

5. Mover has attached to this Motion the following pertinent documents:43

G Criminal Background Check from the La. State Police/Parish Sheriff44dated within the past 30 days (required). 45

G Bill(s) of Information (if any). 46

ENROLLEDHB NO. 55

Page 23 of 37


G Minute entry showing final disposition of case (if any). 1

G Certification Letter from the District Attorney for fee waiver (if2eligible).3

G Certification Letter from the District Attorney verifying that the4applicant has no convictions or pending applicable criminal charges5in the requisite time periods.6

G Certification Letter from the District Attorney verifying that the7charges were refused.8

G Certification Letter from the District Attorney verifying that the9applicant did not participate in a pretrial diversion program.10

G A copy of the order waiving the sex offender registration and11notification requirements.12

The Mover prays that if there is no objection timely filed by the arresting law13

enforcement agency, the district attorney's office, or the Louisiana Bureau of14

Criminal Investigation and Information, that an order be issued herein ordering the15

expungement of the record of arrest and/or conviction set forth above, including all16

photographs, fingerprints, disposition, or any other such information, which record17

shall be confidential and no longer considered a public record, nor be made available18

to other persons, except a prosecutor, member of a law enforcement agency, or a19

judge who may request such information in writing, certifying that such request is20

for the purpose of prosecuting, investigating, or enforcing the criminal law, for the21

purpose of any other statutorily defined law enforcement or administrative duties,22

or for the purpose of the requirements of sex offender registration and notification23

pursuant to the provisions of R.S. 15:541, et seq. or as an order of this Court to any24

other person for good cause shown, or as otherwise authorized by law.25

If an "Affidavit of No Opposition" by each agency named herein is attached26

hereto and made a part hereof, Defendant requests that no contradictory hearing be27

required and the Motion be granted ex parte.28




ENROLLEDHB NO. 55

Page 24 of 37



____________________________________3Address4






____________________________________14Address15


____________________________________18Telephone Number "19

Art. 990. Affidavit of response form to be used20


______________________________23

No.: ______________ Division: "_______"24


vs.26

_______________________________________________________27

AFFIDAVIT OF RESPONSE28

Pursuant to Louisiana Code of Criminal Procedure Article 980, the District29

Attorney for the Parish of __________________ acknowledges the following:30

G No Opposition. Respondent respectfully consents to waiver of the31contradictory hearing.32

G Opposition to the Motion of Expungement with Reasons. Respondent33respectfully requests a contradictory hearing.34

OR35

ENROLLEDHB NO. 55

Page 25 of 37


Pursuant to Louisiana Code of Criminal Procedure Article 980, the Louisiana1

Bureau of Criminal Identification and Information acknowledges the following:2



OR7

Pursuant to Louisiana Code of Criminal Procedure Article 980, the arresting8

law enforcement agency__________________acknowledges the following:9




____________________________________15Signature of Attorney 16


____________________________________19Address20



PLEASE SERVE:25

1. District Attorney:______________________________________________26

2. Louisiana Bureau of Criminal Identification and Information___________27

3. The Arresting Law Enforcement Agency___________________________28

ENROLLEDHB NO. 55

Page 26 of 37


§991. Order form to be used1

" STATE OF LOUISIANA2JUDICIAL DISTRICT FOR THE PARISH OF3

______________________________4

No.: _____________ Division: "_______"5

State of Louisiana6

vs.7

_______________________________________________________8

ORDER9

IT IS HEREBY ORDERED,10

G If there is an objection to the Motion for Expungement, the district attorney11

and the arresting law enforcement agency shall file a motion to object within12

sixty days of the service of this Order.13

G If the Louisiana Bureau of Criminal Identification and Information objects14

to the Motion for Expungement, they shall file a motion within 120 days of15

the service of this order (prior to August 1, 2015) and within 60 days of16

service of this order (after August 1, 2015).17

G NO CONTRADICTORY HEARING SHALL BE REQUIRED as18

evidenced by the "Affidavit of No Opposition" executed by each agency19

named herein and attached to the Motion for Expungement.20

THUS ORDERED AND SIGNED this ____ day of _________________,21

20 ____ at ______________, Louisiana, ___________________________.22

___________________________23JUDGE24

PLEASE SERVE:25

1. District Attorney:________________________________________________26

2. Louisiana Bureau of Criminal Identification and Information_____________27

3. Arresting Agency: ____________________________________________"28

ENROLLEDHB NO. 55

Page 27 of 37


Art. 992. Order of expungement form to be used1


______________________________4

No.: ____________ Division: "_______"5

State of Louisiana6

vs.7_______________________________________________________8

ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD9

Considering the Motion for Expungement 10

G The hearing conducted and evidence adduced herein, OR11

G Affidavits of No Opposition filed,12

IT IS ORDERED, ADJUDGED AND DECREED13

G THE MOTION IS DENIED for Item(s) No. ______________ the following14reasons (check all that apply): 15

G More than five years have not elapsed since Mover completed the16misdemeanor conviction sentence.17

G More than ten years have not elapsed since Mover completed the18felony conviction sentence.19

G Mover was convicted of one of the following ineligible felony20offenses:21

G A violation of the Uniform Controlled Dangerous Substances22Law which is ineligible to be expunged.23

G An offense currently listed as a sex offense that requires24registration pursuant to La. Rev. Stat. Ann. 15:540 et seq., at25the time the Motion was filed, regardless of whether the duty26to register was ever imposed.27

G An offense defined or enumerated as a "crime of violence"28pursuant to La. Rev. Stat. Ann. 14:2(B) at the time the29Motion was filed.30

G The arrest and conviction being sought to have expunged is for31operating a motor vehicle while intoxicated and a copy of the proof32from the Department of Public Safety and Corrections, office of33motor vehicles, is not attached as required by C.Cr.P. Art. 984(A).34

G Mover has had another record of misdemeanor conviction expunged35during the previous five-year period.36

G The record of arrest and conviction which Mover seeks to have37expunged is for operating a motor vehicle while intoxicated and38Mover has had another record of arrest and misdemeanor conviction39expunged during the previous ten-year period. 40

ENROLLEDHB NO. 55

Page 28 of 37


G Mover has had another record of felony conviction expunged during1the previous fifteen-year period.2

G Mover was convicted of a misdemeanor which arose from3circumstances involving a sex offense as defined in R.S. 15:541.4

G Mover was convicted of misdemeanor offense of domestic abuse5battery which was not dismissed pursuant to Code of Criminal6Procedure Article 894(B).7

G Mover did not complete pretrial diversion.8

G The charges against the mover were not dismissed or refused.9

G Mover's felony conviction was not set aside and dismissed pursuant10to Code of Criminal Procedure Article 893(E).11

G Mover's felony conviction was not set aside and dismissed pursuant12to Code of Criminal Procedure Article 894(B).13

G Mover completed a DWI pretrial diversion program, but five years14have not elapsed since the mover's date of arrest.15

G Mover's conviction for felony carnal knowledge of a juvenile is not16defined as misdemeanor carnal knowledge of a juvenile had the17mover been convicted on or after August 15, 2001.18

G Denial for any other reason provided by law with attached reasons for19denial.20

G THE MOTION IS HEREBY GRANTED for Item(s) No.21

____________ and all agencies are ordered to expunge the record of22

arrest/conviction and any photographs, fingerprints, or any other such information23

of any kind maintained in connection with the Arrest(s)/Conviction(s) in the above-24

captioned matter, which record shall be confidential and no longer considered a25

public record, nor be available to other persons except a prosecutor, member of a law26

enforcement agency, or a judge who may request such information in writing27

certifying that such request is for the purpose of prosecuting, investigating, or28

enforcing the criminal law, for the purpose of any other statutorily defined law29

enforcement or administrative duties, or for the purpose of the requirements of sex30

offender registration and notification pursuant to the provisions of R.S. 15:541, et31

seq. or upon an order of this Court to any other person for good cause shown, or as32

otherwise authorized by law.33

ENROLLEDHB NO. 55

Page 29 of 37


NAME: _______________________________________________________1(Last, First, MI)2

DOB: ______/_____/______ (MM/DD/YY)3

GENDER: _____ Female _____Male4

SSN (last 4 digits): XXX-XX-_________5

RACE: _________________6

DRIVER LIC.# _________________7

ARRESTING AGENCY: ______________________________________8

SID# (if available): _________________9

ARREST NUMBER: _________________10

ARREST DATE: ______/_____/______ (MM/DD/YY)11

THUS ORDERED AND SIGNED this _____ day of _______________, 2012

____at ________________, Louisiana. 13

___________________________________14JUDGE15

PLEASE SERVE:16

1. District Attorney: ______________________________________________17

2. Arresting Agency: _____________________________________________18

3. Parish Sheriff:________________________________________________19


5. Attorney for Defendant (or defendant)____________________________"21

Art. 993. Supplemental forms to be used22

" SUPPLEMENTAL SHEET23

____ Yes ____ No ARRESTS THAT DID NOT RESULT IN CONVICTION24

ITEM NO. La. Rev. Stat. Ann. § _______ : ________25Name of the offense _________________26( ) Time expired for prosecution _____/____/_______27

(MM/DD/YYYY) 28( ) Charge refused by DA - not prosecuted.29( ) Pre-trial Diversion Program.30( ) Charge dismissed 31( ) Found not guilty/judgment of acquittal32

ENROLLEDHB NO. 55

Page 30 of 37












SUPPLEMENTAL SHEET41

____ Yes ____ No MISDEMEANOR CONVICTIONS42

ITEM NO. La. Rev. Stat. Ann. § _______ : ________43Name of the offense _________________44( ) Conviction set aside/dismissed _____/____/_______45

pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY) 46( ) More than 5 years have passed47 since completion of sentence.48

ENROLLEDHB NO. 55

Page 31 of 37


















ENROLLEDHB NO. 55

Page 32 of 37


SUPPLEMENTAL SHEET1

____ Yes ____ No FELONY CONVICTIONS2

ITEM NO. La. Rev. Stat. Ann. § _______ : ________3Name of the offense _________________4( ) Conviction set aside/dismissed _____/____/_______5 pursuant to C.Cr.P. Art. 893(E) (MM/DD/YYYY) 6( ) More than 10 years have passed7 since completion of sentence8








ENROLLEDHB NO. 55

Page 33 of 37


ITEM NO. La. Rev. Stat. Ann. § _______ : ________1Name of the offense _________________2( ) Conviction set aside/dismissed _____/____/_______3 pursuant to C.Cr.P. Art. 893(E) (MM/DD/YYYY) 4( ) More than 10 years have passed5 since completion of sentence "6

Art. 994. Motion for interim expungement form to be used7

"STATE OF LOUISIANA8JUDICIAL DISTRICT FOR THE PARISH OF 9

______________________________10

No.: _____________ Division: "_______"11


vs.13

_______________________________________________________14

MOTION FOR INTERIM EXPUNGEMENT15

NOW INTO COURT comes mover, who provides the court with the16

following information in connection with this request:17

I. DEFENDANT INFORMATION18

NAME: ___________________________________________________________19(Last, First, MI)20

DOB: ________/______/_______ (MM/DD/YYYY)21

GENDER _____ Female _____Male22

SSN (last 4 digits): XXX-XX-________23

RACE: _________________ 24

DRIVER LIC.# _________________25

ARRESTING AGENCY: __________________________________________26

SID# (if available): _________________27

ARREST NUMBER: _________________28

Mover is entitled to an interim expungement of the entry of the felony29

charge(s) of his arrest pursuant to Louisiana Code of Criminal Procedure Article30

985.1 and states the following in support:31

ENROLLEDHB NO. 55

Page 34 of 37


II. ARREST INFORMATION1

1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)2

2. _____ YES _____ NO A supplemental sheet with arrests and/or3convictions is attached after page 2 of this4Motion. 5

3. Mover was:6

_____ YES _____ NO Arrested for a felony offense.7_____ YES _____ NO Convicted of a misdemeanor arising out of8

that felony offense.9

4. Mover was booked and/or charged with the following offenses: (List each10offense booked and charged separately. Attach a supplemental sheet, if11necessary.)12

____ Yes ____ No F E L O N Y A R R E S T T H A T R E S U L T E D I N A13MISDEMEANOR CONVICTION14

ITEM NO. 1 La. Rev. Stat. Ann. § _______ : ________15Name of the offense __________________16

__________________17 (MM/DD/YYYY) 18

( ) Felony charge dismissed.19( ) Convicted of misdemeanor offense arising out of20

felony arrest.21

5. Mover has attached to his Motion a criminal background check from the22Louisiana State Police/Parish Sheriff dated within the past thirty days23(required).24

The mover prays that if there is no objection timely filed by the arresting law25enforcement agency, the District Attorney's Office, or the Louisiana Bureau of26Criminal Identification and Information, that an order be issued herein ordering the27Louisiana Bureau of Identification and Investigation to expunge the entry of the28felony charge(s) listed contained in the criminal history; and further that the Clerk29of Court, District Attorney, and arresting law enforcement agency expunge the entry30of those felony charge(s) from any public indices.31

If an "Affidavit of No Opposition" by each agency named herein is attached32hereto and made a part hereof, Defendant requests that no contradictory hearing be33required and the Motion be granted ex parte.34





____________________________________42Address43

ENROLLEDHB NO. 55

Page 35 of 37







____________________________________10Address11



PLEASE SERVE:16

1. District Attorney______________________________________________17


3. Arresting Agency ______________________________________________"19

Art. 995. Order of interim expungement form to be used20

"STATE OF LOUISIANA21JUDICIAL DISTRICT FOR THE PARISH OF 22

______________________________23

No.: ____________ Division: "_______"24


vs.26

_______________________________________________________27

ORDER OF EXPUNGEMENT OF INTERIM ARREST RECORD28

Considering the Motion for Expungement 29

G The hearing conducted and evidence adduced herein, OR30

G Affidavits of No Opposition filed,31

IT IS ORDERED, ADJUDGED AND DECREED32

G THE MOTION IS DENIED for the following reasons (check all that apply):33

G Mover was not arrested for a felony.34

ENROLLEDHB NO. 55

Page 36 of 37


G Mover was not convicted of a misdemeanor offense. 1

G THE MOTION IS HEREBY GRANTED and the Louisiana Bureau of2Criminal Identification and Information is hereby ordered to expunge the3entry of the felony charge(s) contained in the criminal history of the4above-named for the following felony charge(s):5

La. R.S. _______: ________ 6Name of Offense ________________________________7La. R.S. _______: ________ 8Name of Offense ________________________________9

IT IS FURTHER ORDERED that the Clerk of Court, District Attorney and10arresting agency expunge the entry of the felony charge(s) from any public indices11of the above-named on the above enumerated charge(s).12THUS ORDERED AND SIGNED this ____ day of _________________________,1320 ______ at _________________________, Louisiana.14

____________________________15JUDGE16

PLEASE SERVE:17

1. District Attorney ______________________________________________18

2. Louisiana Bureau of Criminal Identification and Information ___________19

3. Arresting Agency _____________________________________________"20

Section 2. R.S. 44:4.1(B)(38) is hereby amended and reenacted to read as follows:21

§4.1. Exceptions22* * *23

B. The legislature further recognizes that there exist exceptions, exemptions,24and limitations to the laws pertaining to public records throughout the revised25statutes and codes of this state. Therefore, the following exceptions, exemptions, and26limitations are hereby continued in effect by incorporation into this Chapter by27citation:28

* * *29

(38) C.Cr.P. Art. 103, 877, 894, Title XXXIV of the Code of Criminal30Procedure comprised of Articles 971 through 995.31

* * *32

Section 3. R.S. 44:9 is hereby repealed in its entirety.33

ENROLLEDHB NO. 55

Page 37 of 37


Section 4. The Louisiana State Law Institute is hereby directed to delete any1

references to R.S. 44:9 in Louisiana law and to make any necessary changes to Louisiana2

law to reflect the provisions of this Act.3

SPEAKER OF THE HOUSE OF REPRESENTATIVES

PRESIDENT OF THE SENATE

GOVERNOR OF THE STATE OF LOUISIANA

APPROVED:

STATE OF LOUISIANA NO. _________________________ DIV ____

___________ JUDICIAL DISTRICT COURTVERSUS

PARISH OF____________________________

___________________________________ STATE OF LOUISIANA

FORM 2014 EXP 4(L)

CERTIFICATION OF FEE WAIVER To be completed by defendant and submitted to the District Attorney's Office prior

to filing. Append completed form to Motion of Expungement at filing only if eligible.

DEFENDANT NAME

DATE OF BIRTH

SSN# (last 4 digits)

DATE OF ARREST

DOCKET NUMBER

CHARGE

In accordance with Louisiana Code of Criminal Procedure Article 983, the Office of the District Attorney has reviewed the available databases and determined that:

(Check all that apply. To be completed by authorized personnel from the District Attorney's Office and returned within 15 days to defendant.):

The arrestee listed above has NO FELONY CONVICTIONS.

AND

The arrestee listed above has NO PENDING FELONY CHARGES UNDER A BILL OF INDICTMENT OR INFORMATION.

AND

The arrestee listed above WAS ACQUITTED after trial of all charges derived from the arrest listed above, including any lesser and included offense.

OR

The arrestee listed above WAS NOT PROSECUTED WITHIN THE TIME LIMITATIONS prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure and the arrestee did not participate in a pretrial diversion program for the arrest listed above.

OR

The case involving the arrestee listed above was dismissed or the district attorney declined to prosecute the case prior to the time limitations prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure, and the arrestee did not participate in a pretrial diversion program.

OR

The arrestee listed above has been determined to be factually innocent and entitled to compensation for a wrongful conviction pursuant to the provisions of R.S. 15:572.8.

OR

The arrestee listed above is a juvenile who has successfully completed any juvenile drug court program and is exempt from fees pursuant to Code of Criminal Procedure Article 983 (G).

_____________________________________ District Attorney or his designee - Print Name

_____________________________________ District Attorney or his designee - Signature

__________________, 20________ Date

XXX-XX-

FORM 2015 EXP 5‐1 (L)


___________ JUDICIAL DISTRICT COURT VERSUS

PARISH OF____________________________


MOTION FOR EXPUNGEMENT

NOW INTO COURT comes mover, who provides the court with the following information in connection with this request:

I. DEFENDANT INFORMATION

NAME: ____________________________ ___________________________ ________________________ (Last Name) (First Name) (Middle Initial)

DOB: ________/________/__________ (MM/DD/YYYY)

GENDER: _______ Female _______Male

SSN (last 4 digits): XXX-XX-________________

RACE: __________________________________

DRIVER LIC.#: ____________________________

ARRESTING AGENCY: _______________________________________________________________________

SID# (if available): ____________________________________________________________________________

ARREST NUMBER (ATN):_____________________________________________________________________

AGENCY ITEM NUMBER: ____________________________________________________________________

Mover is entitled to expunge the record of his arrest/conviction pursuant to Louisiana Code of Criminal Procedure 971 et seq. and states the following in support:

II. ARREST INFORMATION

1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)

2. YES NO A supplemental sheet with arrests and/or convictions is attached after page 2 of this Motion.

3. Mover was:

YES NO Arrested, but it did not result in conviction YES NO Convicted of and seeks to expunge a misdemeanor YES NO Convicted of and seeks to expunge a felony

4. Mover was booked and/or charged with the following offenses: (List each offense booked and chargedseparately. Please number each item numerically beginning with Number 1. Attach a supplemental sheet,if necessary.)

Yes No ARRESTS THAT DID NOT RESULT IN CONVICTION

ITEM NO. ______ La. Rev. Stat. Ann. § ____________ : ______________ Name of the offense __________________________________________________

Time expired for prosecution _____/_____/______ (MM/DD/YYYY) Not prosecuted for any offense arising out of this charge Pre-trial Diversion Program DWI Pre-Trial Diversion Program and 5 years have elapsed since the date of arrest

Charge dismissed Found not guilty/judgment of acquittal




FORM 2015 EXP 5‐2 (L)




Yes No MISDEMEANOR CONVICTIONS


Conviction set aside/dismissed _____/______/______ Pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY) More than 5 years have passed since complete of sentence.


Conviction set aside/dismissed _____/______/______ Pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY) More than 5 years have passed since complete of sentence.

Yes No FELONY CONVICTIONS


Conviction set aside/dismissed _____/______/______ Pursuant to C.Cr.P. Art. 893(E) (MM/DD/YYYY) More than 10 years have passed since complete of sentence.

ITEM NO. ______ La. Rev. Stat. Ann. § ____________ : ______________ Name of the offense _________________________________________________

_____/______/______ Conviction set aside/dismissed Pursuant to C.Cr.P. Art. 893 (E) (MM/DD/YYYY) More than 10 years have passed since complete of sentence.

Yes No OPERATING A MOTOR VEHICLE WHILE INTOXICATED CONVICTIONS

Mover has attached the following:

A certified letter of compliance in accordance with C.Cr.P. Art. 984 from the Department of Public Safety and Corrections, office of motor vehicles that it has received from the clerk of court a certified copy of the record of the plea, fingerprints of the defendant, and proof of the requirements set forth in C.Cr.P.Art. 556, which shall include the defendant's date of birth, last four digits of social security number, and driver's license number

5. Mover has attached to this Motion the following pertinent documents:

Criminal Background Check from the La. State Police/Parish Sheriff dated within the past 30 days (required).

Bill(s) of Information (if any).

Minute entry showing final disposition of case (if any).

Certification Letter from the District Attorney for fee waiver (if eligible).

Certification Letter from the District Attorney verifying that the applicant has no convictions or pending applicable criminal charge in the requisite time periods.

Certification Letter from the District Attorney verifying that the charges were refused.

Certification Letter from the District Attorney verifying that the applicant did not participate in a pretrial diversion program.

A copy of the order waiving the sex offender registration and notification requirements.

FORM 2015 EXP 5‐3 (L)

Yes No Mover was arrested with another individual.

The Mover prays that if there is no objection timely filed by the arresting law enforcement agency, the district attorney's office, or the Louisiana Bureau of Criminal Investigation and Information, that an order be issued herein ordering the expungement of the record of arrest and/or conviction set forth above, including all photographs, fingerprints, disposition, or any other such information, which record shall be confidential and no longer considered a public record, nor be made available to other persons, except a prosecutor, member of a law enforcement agency, or a judge who may request such information in writing, certifying that such request is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose of any other statutorily defined law enforcement or administrative duties, or for the purpose of the requirements of sex offender registration and notification pursuant to the provisions of R.S. 15:541, et seq. or as an order of this Court to any other person for good cause shown, or as otherwise authorized by law.

If an "Affidavit of No Opposition" by each agency named herein is attached hereto and made a part hereof, Defendant requests that no contradictory hearing be required and the Motion be granted ex parte.

Respectfully submitted,

______________________________________________ Signature of Attorney for Mover/Defendant

______________________________________________ Print Name of Attorney

______________________________________________ Attorney's Bar Roll No.

______________________________________________ Address

______________________________________________ City, State, ZIP Code

______________________________________________ Telephone Number

If not represented by counsel:

_____________________________________________ Signature of Mover/Defendant

______________________________________________ Print Name

______________________________________________ Address

______________________________________________ City, State, ZIP Code

______________________________________________ Telephone Number



PARISH OF____________________________


FORM 2015 EXP 6(L)

AFFIDAVIT OF RESPONSE

Pursuant to Louisiana Code of Criminal Procedure Article 980, the District Attorney for the Parish of ________________________________________________________ acknowledges the following:

No Opposition. Respondent respectfully consents to waiver of the contradictory hearing.

OR

Pursuant to Louisiana Code of Criminal Procedure Article 980, the Louisiana Bureau of Criminal Identification and Information acknowledges the following:


OR

Pursuant to Louisiana Code of Criminal Procedure Article 980, the arresting law enforcement agency _________________________________________________________acknowledges the following:


Opposition to the Motion of Expungement/Interim Expungement with Reasons. Respondent respectfully requests a contradictory hearing.


______________________________________ Signature of District Attorney

_____________________________________ Print Name______________________________________ Signature of Louisiana Bureau of Criminal Identification and Information

______________________________________ Print Name

______________________________________ Signature of the Arresting Law Enforcement Agency

______________________________________ Print Name





PARISH OF____________________________


FORM 2015 EXP 7 (L)

ORDER

IT IS HEREBY ORDERED,

If there is an objection to the Motion for Expungement/Interim Expungement, the district attorney and the arresting law enforcement agency shall file a motion to object within 60 days of the service of this Order.

If the Louisiana Bureau of Criminal Identification and Information objects to the Motion for Expungement/Interim Expungement, they shall file a motion within 60 days of service of this Order.

NO CONTRADICTORY HEARING SHALL BE REQUIRED as evidenced by the "Affidavit of No Opposition" executed by each agency named herein and attached to the Motion for Expungement/Interim Expungement.

THUS ORDERED AND SIGNED this ______ day of ____________________, 20 ____ at ___________________, Louisiana.

_______________________________________________ JUDGE

_________________________________________ Print Name

PLEASE SERVE THE FOLLOWING:

1) District Attorney:_____________________________________________________________ (Name and Address)

2) LA Bureau of Criminal Identification and Information: Louisiana State Police,Superintendent of Records, 7919 Independence Blvd., Baton Rouge, LA 70806

3) Arresting Agency: ____________________________________________________________(Name and Address)

CERTIFICATE OF SERVICE

Pursuant to LA CCrP Article 979, I hereby certify that I have served the foregoing Motion for Expungement/Interim Expungement, Affidavit of Response and Order to the named entities as listed above on this __________day of _______________________, 20________, by:

Placing in U.S. Mail

Electronic Transmission

____________________________________ Deputy Clerk of Court

Parish of ____________________________



PARISH OF____________________________


FORM 2015 EXP 2(L)

RULE TO SHOW CAUSE

IT IS HEREBY ORDERED that the District Attorney show cause on the_______ day of

______________________, 20 _____, at ______o'clock __m why the foregoing motion should not be

granted.

THUS ORDERED AND SIGNED this ____ day of _________________,20 ____

at ______________, Louisiana.

_________________________________________ JUDGE

_________________________________________ Print Name

PLEASE SERVE:

1. District Attorney: _______________________________________________________________

2. Attorney for Defendant and/or Defendant ____________________________________________



PARISH OF____________________________


FORM 2015 EXP 8‐1 (L)

ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD

Considering the Motion for Expungement

The hearing conducted and evidence adduced herein, OR

Affidavits of No Opposition filed,

IT IS ORDERED, ADJUDGED AND DECREED

THE MOTION IS DENIED for Item(s) No. _________________________________________ the following reasons (check all that apply):

More than five years have not elapsed since Mover completed the misdemeanor conviction sentence.

More than ten years have not elapsed since Mover completed the felony conviction sentence.

Mover was convicted of one of the following ineligible felony offenses:

A violation of the Uniform Controlled Dangerous Substances Law which is ineligible to be expunged.

An offense currently listed as a sex offense that requires registration pursuant to La. Rev. Stat. Ann. 15:540 et seq., at the time the Motion was filed, regardless of whether the duty to register was ever imposed.

An offense defined or enumerated as a "crime of violence" pursuant to La. Rev. Stat. Ann. 14:2(B) at the time the

motion was filed.

The arrest and conviction being sought to have expunged is for operating a motor vehicle while intoxicated and a copy of the proof from the Department of Public Safety and Corrections, office of motor vehicles, is not attached as required by C.Cr.P. Art. 984(A).

Mover has had another record of misdemeanor conviction expunged during the previous five-year period.

The record of arrest and conviction which Mover seeks to have expunged is for operating a motor vehicle while intoxicated and Mover has had another record of arrest and misdemeanor conviction expunged during the previous ten-year period.

Mover has had another record of felony conviction expunged during the previous fifteen-year period.

Mover was convicted of a misdemeanor which arose from circumstances involving or is the result of an arrest for a sex offense as defined in R.S. 15:541.

Mover was convicted of a domestic abuse battery.

Mover was convicted of misdemeanor stalking as defined in R.S. 14:40.2

Mover did not complete pretrial diversion.

The charges against the mover were not dismissed or refused.

Mover's felony conviction was not set aside and dismissed pursuant to Code of Criminal Procedure Article 893(E).

FORM 2015 EXP 8‐2 (L)

Mover's misdemeanor conviction was not set aside and dismissed pursuant to Code of Criminal Procedure Article 894(B).

Mover completed a DWI pretrial diversion program, but five years have not elapsed since the mover's date of arrest.

Mover's conviction for felony carnal knowledge of a juvenile is not defined as misdemeanor carnal knowledge of a juvenile had the mover been convicted on or after August 15, 2001.

Denial for any other reason provided by law with attached reasons for denial.

THE MOTION IS HEREBY GRANTED for Item(s) No. _________________________________________________ and all agencies are ordered to expunge the record of arrest/conviction and any photographs, fingerprints, or any other such information of any kind maintained in connection with the Arrest(s)/Conviction(s) in the above captioned matter, which record shall be confidential and no longer considered a public record, nor be available to other persons except a prosecutor, member of a law enforcement agency, or a judge who may request such information in writing certifying that such request is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose of any other statutorily defined law enforcement or administrative duties, or for the purpose of the requirements of sex offender registration and notification pursuant to the provisions of R.S. 15:541, et seq. or upon an order of this Court to any other person for good cause shown, or as otherwise authorized by law.

THE MOTION IS HEREBY GRANTED FOR EXPUNGEMENT BY REDACTION If the record includes more than one individual and the mover is entitled to expungement by redaction pursuant to Code of Criminal Procedure Article 985, for Item(s) No. _________________________________________________ and all agencies are ordered to expunge the record of arrest/conviction and any photographs, fingerprints, or any other such information of any kind maintained in relation to the Arrest(s)/Conviction(s) in the above-captioned matter as they relate to the mover only. The record shall be confidential and no longer considered a public record, nor be available to other persons except a prosecutor, member of a law enforcement agency, or a judge who may request such information in writing certifying that such request is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose of any other statutorily defined law enforcement or administrative duties, or for the purpose of the requirements of sex offender registration and notification pursuant to the provisions of R.S.15:541 et seq. or upon an order of this Court to any other person for good cause shown, or as otherwise authorized by law.

NAME: ___________________________ ____________________________ ________ (Last Name) (First Name) (MI)

DOB: _________/________/__________ (MM/DD/YYYY)

GENDER: _____ Female _____Male

SSN (last 4 digits): XXX-XX-______________________

RACE: ________________________________________

DRIVER LIC.#: _________________________________

ARRESTING AGENCY: _______________________________________________________

SID# (if available): _______________________________

ARREST NUMBER (ATN): _______________________

AGENCY ITEM NUMBER: _______________________

ARREST DATE: _________/________/_________ (MM/DD/YYYY)

FORM 2015 EXP 8‐3 (L)

THUS ORDERED AND SIGNED this ________ day of _____________________, 20 ____

at _________________________, Louisiana.

___________________________________________ JUDGE

___________________________________________ Print Name


1. District Attorney: ____________________________________________________________________ (Name and Address)

2. Louisiana Bureau of Criminal Identification and Information: Louisiana State Police, Superintendentof Records, 7919 Independence Blvd., Baton Rouge, LA 70806

3. Arresting Agency:____________________________________________________________________ (Name and Address)

4. Sheriff: ____________________________________________________________________________ (Name and Address)

5. Attorney for Defendant (or defendant):___________________________________________________

__________________________________________________ (Name and Address)

6. Clerk of Court: ______________________________________________________________________ (Name and Address)


Pursuant to LA CCrP Article 979, I hereby certify that I have served the foregoing Order of Expungement to the named entities as listed above on this __________day of _______________________, 20________, by:


Electronic Transmission

____________________________________ Deputy Clerk of Court

Parish of ____________________________



PARISH OF____________________________


FORM 2015 EXP 9‐1 (L)

MOTION FOR INTERIM EXPUNGEMENT

NOW INTO COURT comes mover, who provides the court with the following information in connection with this request:

I. DEFENDANT INFORMATION

NAME: _____________________ _________________________ ___________________ (Last Name ) (Fi rst Name) (MI)

DOB: __________/_________/__________ (MM/DD/YYYY)

GENDER: _____ Female _____Male

SSN (last 4 digits): XXX-XX-______________________________________

RACE: ________________________________________________________

DRIVER LIC.#: _________________________________________________

ARRESTING AGENCY: _________________________________________

SID# (if available): _______________________________________________

ARREST NUMBER (ATN): _______________________________________

AGENCY ITEM NUMBER: _______________________________________

Mover is entitled to an interim expungement of the entry of the felony charge(s) of his arrest pursuant to Louisiana Code of Criminal Procedure Article 985.1 and states the following in support:

II. ARREST INFORMATION

1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)

2. YES NO A supplemental sheet with arrests and/or convictions is attached after page 2 of this Motion.

3. Mover was: YES NO Arrested for a felony offense. YES NO Convicted of a misdemeanor arising out of that felony

offense.

4. Mover was booked and/or charged with the following offenses: (List each offense bookedand charged separately. Please number each item numerically beginning withNumber 1. Attach a supplemental sheet, if necessary.)

Yes No FELONY ARREST THAT RESULTED IN A MISDEMEANOR CONVICTION

ITEM NO. _______ La. Rev. Stat. Ann. § _____________ : _____________Name of the offense _________________________________

_______/______/____ (MM/DD/YYYY) Felony charge dismissed. Convicted of misdemeanor offense arising out of felony arrest.

FORM 2015 EXP 9‐2 (L)

5. Mover has attached to his Motion a criminal background check from the Louisiana StatePolice/Parish Sheriff dated within the past thirty days (required).

The mover prays that if there is no objection timely filed by the arresting law enforcement agency, the District Attorney's Office, or the Louisiana Bureau of Criminal Identification and Information, that an order be issued herein ordering the Louisiana Bureau of Identification and Investigation to expunge the entry of the felony charge(s) listed contained in the criminal history; and further that the Clerk of Court, District Attorney, and arresting law enforcement agency expunge the entry of those felony charge(s) from any public indices.

If an "Affidavit of No Opposition" by each agency named herein is attached hereto and made a part hereof, Defendant requests that no contradictory hearing be required and the Motion be granted ex parte.


____________________________________ Signature of Attorney for Mover/Defendant

____________________________________ Print Name of Attorney

____________________________________ Attorney's Bar Roll No.

____________________________________ Address

____________________________________ City, State, ZIP Code

____________________________________ Telephone Number


____________________________________ Signature of Mover/Defendant

____________________________________ Print Name

____________________________________ Address

____________________________________ City, State, ZIP Code

____________________________________ Telephone Number



PARISH OF____________________________


FORM 2015 EXP 10 (L)

ORDER OF EXPUNGEMENT OF INTERIM ARREST RECORD

Considering the Motion for Expungement

The hearing conducted and evidence adduced herein, OR

Affidavits of No Opposition filed,

IT IS ORDERED, ADJUDGED AND DECREED

THE MOTION IS DENIED for the following reasons (check all that apply):

Mover was not arrested for a felony. Mover was not convicted of a misdemeanor offense.

THE MOTION IS HEREBY GRANTED and the Louisiana Bureau of Criminal Identification and Information is hereby ordered to expunge the entry of the felony charge(s) contained in the criminal history of the above-named for the following felony charge(s):

La. R.S. __________: ____________ Name of Offense ______________________________________________ La. R.S. __________: ____________ Name of Offense ______________________________________________

IT IS FURTHER ORDERED that the Clerk of Court, District Attorney and arresting agency expunge the entry of the felony charge(s) from any public indices of the above-named on the above enumerated charge(s).

THUS ORDERED AND SIGNED this _______ day of _________________________, 20 __________ at ___________________________________, Louisiana.

______________________________________ JUDGE

_____________________________________ Print Name


1. District Attorney: ____________________________________________________________________ (Name and Address)

2. Louisiana Bureau of Criminal Identification and Information: Louisiana State Police, Superintendent of Records,7919 Independence Blvd., Baton Rouge, LA 70806

3. Arresting Agency:____________________________________________________________________________ (Name and Address)

4. Sheriff: ____________________________________________________________________________________ (Name and Address)

5. Attorney for Defendant (or defendant):___________________________________________________________

___________________________________________________________ (Name and Address)

6. Clerk of Court: _____________________________________________________________________________ (Name and Address)


Pursuant to LA CCrP Article 979, I hereby certify that I have served the foregoing Order of Expungement of Interim Arrest Record to the named entities as listed above on this __________day of _______________________, 20________, by:


Electronic Transmission ____________________________________ Deputy Clerk of Court

Parish of ____________________________

FORM 2015 EXP SUP ‐ 1

SUPPLEMENTAL SHEET ____Yes ____ No ARRESTS THAT DID NOT RESULT IN CONVICTION ITEM NO. _______ La. Rev. Stat. Ann. § _____________ : _____________

Name of the offense ____________________________ Time expired for prosecution _______/______/___________

(MM/DD/YYYY) Charge refused by DA - not prosecuted. Pre-trial Diversion Program. Charge dismissed Found not guilty/judgment of acquittal

ITEM NO. _______ La. Rev. Stat. Ann. § _____________ : _____________









ITEM NO. _______ La. Rev. Stat. Ann. § _____________ : _____________ Name of the offense ____________________________ Time expired for prosecution _______/______/___________


FORM 2015 EXP SUP‐ 2

SUPPLEMENTAL SHEET

_____ Yes _____ No FELONY CONVICTIONS ITEM NO. ______ La. Rev. Stat. Ann. § ____________ : _____________

Name of the offense ___________________________ Conviction set aside/dismissed _______/______/_________ pursuant to C.Cr.P. Art. 893(E) (MM/DD/YYYY) More than 10 years have passed since completion of sentence

ITEM NO. ______ La. Rev. Stat. Ann. § ____________ : _____________ Name of the offense ___________________________ Conviction set aside/dismissed _______/______/_________ pursuant to C.Cr.P. Art. 893(E) (MM/DD/YYYY) More than 10 years have passed since completion of sentence







FORM 2015 EXP SUP ‐ 3

SUPPLEMENTAL SHEET ____ Yes ____ No MISDEMEANOR CONVICTIONS ITEM NO. ______ La. Rev. Stat. Ann. § _____________ : _____________

Name of the offense ____________________________ Conviction set aside/dismissed _______/______/_________ pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY) More than 5 years have passed since completion of sentence.

ITEM NO. ______ La. Rev. Stat. Ann. § _____________ : _____________












TRANSMITTAL OF RECORDS FOR EXPUNGEMENT OF DWI PURSUANT TO C.Cr.P. Art 984

______________________________________ Clerk of Court

______________________________________ Judicial District

______________________________________ Parish

____________________________

Date

OFFICE OF MOTOR VEHICLES P.O. BOX 64886 BATON ROUGE, LA 70896 NAME: __________________________________ DRIVER’S LICENSE #: _______________

DATE OF BIRTH: _________________________ OFFENSE DATE: ____________________

SS#: _____________________________________ DOCKET NO.:_______________________

TICKET NO: ______________________________

Attached is a certified copy of the court minutes, original/certified copy of fingerprints and proof of the requirements as set forth in the Code of Criminal Procedure Article 556.1. Additionally, a $50.00 money order or certified funds made payable to the office of motor vehicles, in reference to the above named defendant is attached; or Attached is a copy of the certified letter received from the office of motor vehicles indicating that all of the required documents were previously filed in conjunction with the requirements of Code of Criminal Procedure Article 894 and are on file. Additionally, a $50.00 money order or certified funds made payable to the office of motor vehicles is attached. NOTE: Do not use this form to submit records of a DWI plea pursuant to Code of Criminal Procedure Article 894(A)(5).

TRANSMITTAL OF RECORDS OF DWI PLEA PURSUANT TO ARTICLE 894

______________________________________ Clerk of Court

______________________________________ Judicial District

______________________________________ Parish

____________________________

Date

OFFICE OF MOTOR VEHICLES P.O. BOX 64886 BATON ROUGE, LA 70896

NAME: __________________________________ DRIVER’S LICENSE #: _______________

DATE OF BIRTH: _________________________ OFFENSE DATE: ____________________

SS#: _____________________________________ DOCKET NO.:_______________________

TICKET NO: ______________________________

Attached is a certified copy of the court minutes, original/certified copy of fingerprints and proof of the requirements as set forth in the Code of Criminal Procedure Article 556.1, as well as a $50.00 money order or certified funds made payable to the office of motor vehicles, in reference to the above named defendant is attached. NOTE: Do not use this form to submit records of a DWI expungement pursuant to Code of Criminal Procedure Article 894.



PARISH OF____________________________


FORM 2015 EXP 1 (L)

MOTION TO SET ASIDE CONVICTION AND DISMISS PROSECUTION

NOW INTO HONORABLE COURT, comes

Defendant, OR

Defendant through undersigned Counsel,

who moves that the conviction pursuant to Louisiana Code of Criminal Procedure

894(B) Misdemeanors, OR

893(E) Felonies

in the above numbered case be set aside and that the prosecution dismissed in accordance with the Code of Criminal Procedure in

that the period of the deferred sentence has run and petitioner has successfully completed the terms of his probation.

The mover is further identified below:

DOCKET NUMBER: __________________________________________________________________

CHARGE: ___________________________________________________________________________

DATE OF ARREST: ___________________________________________________________________

ARRESTING AGENCY: _______________________________________________________________

CITY/PARISH OF ARREST: ___________________________________________________________

The Mover prays that, after a contradictory hearing with the District Attorney's Office, the Court order the above numbered case

be set aside and that the prosecution dismissed in accordance with the Code of Criminal Procedure.


___________________________________________ Signature of Attorney for Mover/Defendant

__________________________________________Print Name of Attorney

___________________________________________ Attorney's Bar Roll No.

___________________________________________ Address

___________________________________________ City, State, ZIP Code

___________________________________________ Telephone Number


___________________________________________ Signature of Mover/Defendant

__________________________________________ Print Name

___________________________________________ Address

___________________________________________ City, State, ZIP Code

___________________________________________ Telephone Number

STATE OF LOUISIANA NO. _________________________ DIV ____ ___________ JUDICIAL DISTRICT COURT VERSUS PARISH OF____________________________ ___________________________________ STATE OF LOUISIANA

FORM 2015 EXP 3(L)

ORDER OF DISMISSAL

Considering the Motion to Set Aside Conviction and Dismiss Prosecution, the hearing

conducted on the representation of the State of Louisiana of its consent hereto, and that there is

no opposition for any good cause appearing herein;

IT IS ORDERED, ADJUDGED AND DECREED that this conviction is set

aside and the prosecution dismissed for purposes of expungement.

THUS ORDERED AND SIGNED this _____ day of _______________, 20____ at ________________, Louisiana.

___________________________________ JUDGE

___________________________________ Print Name

PLEASE SERVE:

1. District Attorney:_________________________________________________________

2. Attorney for Defendant and/or Defendant: ______________________________________

Documents

EXPUNGEMENT INFORMATION SHEET FORMS PACKAGE.pdfEXPUNGEMENT INFORMATION SHEET FORMS: Motion to Set Aside Conviction and Dismiss Prosecution – must be filed to have Article 893 and