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Code of Criminal Procedure

Title XXXIII. Emergency or Disaster Provisions

Art. 941. Legislative findings

The legislature hereby finds and declares the following:

(1)  The state of Louisiana could suffer future catastrophic damage through the occurrence of emergencies and disasters of unprecedented size and destructiveness resulting from terrorist events, enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake, or other natural or manmade causes resulting in the displacement of residents or the destruction of or severe damage to courthouses and other facilities supporting the criminal justice system.

(2)  The magnitude of such catastrophic events may cause a disruption of the criminal justice system in any parish directly impacted by the emergency or disaster.

(3)  The response to such an emergency or disaster should ensure the continued effective operation and integrity of the state's criminal justice system while minimizing adverse effects on the interests of the defendant and the state.

(4)  Considering these factors, the Legislature of Louisiana, exercising its authority vested in Article III and Article VI, Section 3 of the Constitution of Louisiana, and recognizing the necessity of creating a classification of parishes based upon the need to conduct emergency sessions of court, does hereby enact the provisions of this Title to provide for the effective operation and integrity of the criminal justice system during times of emergency or disaster.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.

Art. 942. Definitions

As used in this Title:

(1)  "Affected court" means any appellate, district, parish, city, municipal, traffic, juvenile, justice of the peace, or family court having jurisdiction over criminal prosecutions and proceedings for which the Louisiana Supreme Court has made a determination that the court shall conduct emergency sessions outside its parish or territorial jurisdiction as provided for by the provisions of this Title.

(2)  "Emergency sessions" means any criminal court proceeding conducted by an affected court as authorized by the provisions of this Title and by order of the Louisiana Supreme Court.

(3)  "Host jurisdiction" means the location or locations in which the Louisiana Supreme Court has ordered the affected court to conduct emergency sessions.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.

Art. 943. Preemption of conflicting provisions

The provisions of this Title shall preempt and supersede but not repeal any conflicting provisions of this Code or any other provision of law.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.

Art. 944. Emergency sessions of court;  criteria

A.  When the supreme court makes the determination that an appellate, district, parish, city, municipal, juvenile, traffic, justice of the peace, or family court having jurisdiction over criminal prosecutions and proceedings shall conduct proceedings outside its parish or territorial jurisdiction, the supreme court may order emergency sessions of court at a location or locations which are both feasible and practicable outside the parish or territorial jurisdiction of that court.  This determination shall be based upon emergency or disaster circumstances, including but not limited to the lack of a readily available alternative location to conduct court within the parish, terrorist events, enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake, or other natural or manmade causes resulting in the displacement of thousands of residents and the destruction of or severe damage to courthouses and other facilities supporting the criminal justice system.  In making this determination, the supreme court shall make a reasonable effort to consult with the chief judge, the district attorney, the district public defender, and the clerk of the affected court.

B.  The supreme court order requiring emergency sessions of court shall name the affected court, the location or locations in which the emergency sessions of that court shall be conducted, and the date on which emergency sessions shall commence.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005; Acts 2007, No. 307, §10.

Art. 945. Venue;  affected court;  emergency sessions;  habeas corpus

A.  Venue for criminal prosecutions in an affected court shall be changed by operation of law to the parish where the affected court is ordered to conduct criminal sessions for the duration of the emergency sessions.  Criminal proceedings may take place in a parish other than the parish where the crime was committed if the supreme court has ordered emergency sessions of that court in another parish pursuant to Article 944 or as otherwise provided by law.

B.  Venue for a writ of habeas corpus for an individual whose physical custody has been transferred as a result of the circumstances which are the basis for the emergency session shall be in the parish of East Baton Rouge.  If the court in East Baton Rouge Parish is also an affected court, venue shall be in the host jurisdiction which has been established by supreme court order for the affected court in East Baton Rouge Parish.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.

Art. 946. Jurisdiction of affected court conducting emergency sessions

A.  The affected court conducting emergency sessions outside of its parish or territorial jurisdiction pursuant to Article 944 shall retain jurisdiction over all criminal proceedings and prosecutions that would otherwise be conducted by the affected court.

B.  All court proceedings, grand jury proceedings, hearings, preliminary matters, pretrial hearings, and trials may be conducted in the emergency sessions of the affected court.

C.  The affected court conducting emergency sessions may retain jurisdiction to complete all matters in progress in the host jurisdiction even though the order rendered pursuant to Article 944 has been withdrawn, canceled, or rescinded.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.

Art. 947. Affected court conducting emergency sessions;  authority and powers

An affected court ordered to conduct emergency sessions outside of its parish or territorial jurisdiction pursuant to Article 944 shall retain all authority and powers previously exercised by that court in its parish or territorial jurisdiction.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.

 

Art. 948. Emergency sessions;  length;  recision;  continuation;  extensions

A.  Emergency sessions of court shall continue until the supreme court withdraws, cancels, or rescinds the order authorizing the emergency sessions.  The supreme court shall give notice at least ten days prior to the conclusion of the emergency session to the chief judge, the district attorney, the district public defender, and the clerk of the affected court.

B.  The supreme court may withdraw, cancel, or rescind an order authorizing emergency sessions of court at any time that it determines that the conditions which warranted the issuance of the order no longer exist.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005; Acts 2007, No. 307, §10.

Art. 949. Court costs and fees

All court costs, fees, and fines assessed or taxed and collected previously by the affected court prior to the supreme court order authorizing the conducting of emergency sessions shall be assessed, taxed, collected, distributed, and retained in the same amounts by and to the same entities and in the same manner by the affected court conducting the emergency session in the host jurisdiction.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.

Art. 950. Authority of district attorney in emergency sessions of court

A.  The district attorney or prosecuting attorney, where applicable, of the affected court conducting emergency sessions of court outside of its parish or territorial jurisdiction pursuant to Article 944 shall have entire charge and control of every criminal prosecution and authority in the host jurisdiction that he would otherwise have exercised in the affected court.

B.  The provisions of this Article are included in the other duties of the district attorney provided by law as authorized by Article V, Section 26(B) of the Constitution of Louisiana.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.

Art. 951. Sheriff;  law enforcement officer

A.  The sheriff and any other law enforcement agency or officer or court official having jurisdiction in the affected court shall have all necessary authority and powers to operate within the host jurisdiction in which the affected court is conducting emergency sessions pursuant to Article 944, including the collection of fines, fees, costs, and bonds.  This authority shall be limited to those matters being conducted in the emergency session of court.

B.  The provisions of this Article shall constitute an exception to territorial jurisdiction of the sheriff in the same manner as Articles 204 and 213.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.

Art. 952. Clerk of affected court

A.  During the period in which the supreme court has ordered emergency sessions of court pursuant to Article 944, the clerk of court of the affected court is authorized to establish an ancillary office in the host jurisdiction in which the emergency sessions of the court are held.

B.  The clerk of court of the affected court shall continue to exercise all necessary powers, duties, and authority of his office in order to maintain the effective operation and integrity of the criminal justice system of the affected court in the host jurisdiction, including but not limited to the assessment of fees to which the clerk is entitled.  This authority shall be limited to all matters and proceedings within the jurisdiction of the affected court.

C.  If the affected court is located in Orleans Parish, the provisions of this Article shall apply to the recorder of mortgages and register of conveyances for the parish of Orleans.

D.  The provisions of this Article are included in the other duties of the clerk provided by law as authorized by Article V, Section 28(A) of the Constitution of Louisiana.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.

Art. 953. Authority of indigent defender board in emergency sessions of court

The district public defender, or regional director, where applicable, of the affected court conducting emergency sessions of court outside of its parish or territorial jurisdiction pursuant to Article 944 shall retain the authority for the appointment of attorneys residing in either the parish or territorial jurisdiction of the affected court or in the host jurisdiction to represent indigent defendants in the host jurisdiction that would otherwise have been exercised in the affected court.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005; Acts 2007, No. 307, §10.

 

Art. 954. Jury pool;  emergency sessions

A.  Upon motion by the district attorney and after a contradictory hearing, the court may summon jurors from the host jurisdiction.  The district attorney must show that the interests of justice are served by the approval of such motion.

B.  The summoning of jurors shall be conducted by the clerk of the host jurisdiction.  The cost of summoning jurors and all costs regarding jurors shall be paid by the affected court.

Acts 2005, 1st. Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.

Art. 955. Suspension of time limitations in affected courts;  ninety days;  recision;  extensions;  exceptions

A.  The time periods, limitations, and delays established by the provisions of the Code of Criminal Procedure, Children's Code, Title 15, and Chapter 26 of Title 40 of the Louisiana Revised Statutes of 1950 shall be suspended in the jurisdiction of the affected court for a period of ninety days following the issuance of an order authorizing emergency sessions of court as provided for in Article 944.

B.  The ninety-day suspension provided for by this Article shall commence to run from the date the supreme court issued its order authorizing the emergency sessions of court or from the date specified therein, whichever is earlier.

C.  The ninety-day suspension may be extended upon a determination by the supreme court that the continuation of the suspension is necessary.

D.  The supreme court may rescind the suspension at any time and for any jurisdiction within the state upon a determination by the supreme court that the suspension is no longer necessary.

E.  The provisions of this Article shall not apply to Code of Criminal Procedure Articles 230.1, 230.2, 351, 354, and 362.

F.  When the supreme court makes the determination and orders an emergency session of court at a location which are both feasible and practical outside the parish or territorial jurisdiction of the affected court, pursuant to Article 944, in addition to the provisions of Paragraph A of this Article, the supreme court may order an extension of time not to exceed four hundred fifty days for the surrender of the defendant as provided for in Code of Criminal Procedure Article 349.8.  This extension of time is in addition to the one hundred eighty days provided for in Article 349.8 and the ninety days provided for in Paragraph A of this Article, and also applies to the deadlines for filing motions to set aside judgments of bond forfeiture.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005; Acts 2006, No. 466, §2, eff. June 15, 2006; Acts 2010, No. 914, §1.

Art. 956. Appeals;  application for supervisory writs

An application for a supervisory writ or an appeal from a judgment or ruling of an affected court ordered to conduct emergency sessions shall be taken to the appropriate appellate court which exercised proper appellate or supervisory jurisdiction over the affected court prior to the issuance of the supreme court order.  If the appropriate appellate court is also an affected court, an application for a supervisory writ or an appeal from a judgment or ruling of an affected court shall be taken to the host jurisdiction which has been established by supreme court order for the affected appellate court.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.

Art. 957. Bail during emergency sessions of court;  selected offenses

A.  Notwithstanding any other provision of law to the contrary, an affected court conducting emergency sessions of court outside of its parish or territorial jurisdiction pursuant to Article 944 may release a defendant on bail through an unsecured personal surety as authorized by Article 317, without proof of a security interest pursuant to the provisions of this Article.

B.  The provisions of this Article shall not apply to any defendant who has been arrested for any of the following offenses:

(1)  A crime of violence as defined in R.S. 14:2(B).

(2)  A sex offense as defined in R.S. 15:541.

(3)  A felony offense, an element of which includes the discharge, use, or possession of a firearm.

(4)  A violation of R.S. 14:98, operating a vehicle while intoxicated, or a parish or municipal ordinance that prohibits operating a vehicle while intoxicated, while impaired, or while under the influence of alcohol or any controlled dangerous substance.

C.  The affected court may release a defendant on bail through a personal surety without proof of a security interest as required by Article 319 if all of the following conditions are met:

(1)  The defendant was arrested for an offense which is not excluded by Paragraph B of this Article.

(2)  The personal surety meets the requirements of Articles 315 and 318 for a secured personal surety.

(3)  Proof of a security interest cannot be obtained due to emergency or disaster circumstances as provided for in Article 944.

(4)  The court requires that the unsecured surety be converted to a commercial surety or secured personal surety as soon as proof of a security interest can be obtained, or within thirty days of issuance of the unsecured bail, whichever occurs earlier.  If proof of a security interest cannot be obtained due to emergency or disaster circumstances, the court may extend the period to obtain proof of the security interest for additional thirty-day increments as determined to be necessary by the court.

D.  The provisions of this Article shall not be construed to limit the constitutional right to bail or the inherent authority of the court to set bail.

Acts 2010, No. 141, §1.

Title XXXIV. Expungement of Records

Art. 971. Legislative findings

The legislature hereby finds and declares the following:

(1)  Louisiana law provides for the expungement of certain arrest and conviction records under limited circumstances.  Obtaining an expungement of these records allows for the removal of a record from public access but does not result in the destruction of the record.

(2)  An expunged record is confidential, but remains available for use by law enforcement agencies, criminal justice agencies, and other statutorily defined agencies.

(3)  Following the passage of the Maritime Transportation Security Act of 2002, all individuals who wish to work at ports or on vessels regulated by this Act are required to obtain a Transportation Worker Identification Credential (TWIC).  Obtaining a TWIC card requires a criminal history check and clearance which cannot be obtained without either a clean record or an expunged record with respect to certain offenses.

(4)  The inability to obtain an expungement can prevent certain individuals from obtaining gainful employment.

(5)  The need for employment must be balanced appropriately against the desire for public safety.  Nothing in this Title shall be construed to limit or impair in any way the subsequent use of any expunged record of arrest or conviction in any lawful manner by law enforcement, law enforcement agencies, prosecutors, or judges, including its use as a predicate offense or for the provisions of the Habitual Offender Law.

(6)  It is the intention of the legislature that this Title will provide opportunities to break the cycle of criminal recidivism, increase public safety, and assist the growing population of criminal offenders reentering the community to establish a self-sustaining life through opportunities in employment.

(7)  In balancing the legitimate needs of law enforcement agencies and the desire to afford employment opportunities to all Louisiana citizens, the Louisiana Legislature enacts the provisions of this Title within the Code of Criminal Procedure.

Acts 2014, No. 145, §1.

Art. 972. Definitions

            As used in this Title:

            (1) "Expunge a record" means to remove a record of arrest or conviction, photographs, fingerprints, disposition, or any other information of any kind from public access pursuant to the provisions of this Title. "Expunge a record" does not mean destruction of the record.

            (2) "Expungement by redaction" provides for the expungement of records of a person who is arrested or convicted with other persons who are not entitled to expungement and involves the removal of the name or any other identifying information of the person entitled to the expungement and otherwise retains the records of the incident as they relate to the other persons.

            (3) "Interim expungement" means to expunge a felony arrest from the criminal history of a person who was convicted of a misdemeanor offense arising out of the original felony arrest. Only the original felony arrest may be expunged in an interim expungement.

            (4) "Records" includes any incident reports, photographs, fingerprints, disposition, or any other such information of any kind in relation to a single arrest event in the possession of the clerk of court, any criminal justice agency, and local and state law enforcement agencies but shall not include DNA records. Records shall also include records of an arrest based on a warrant or attachment for failure to appear in court for the same offense or offenses for which the person is seeking an expungement.

            Acts 2014, No. 145, §1; Acts 2019, No. 1, §1.

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

            A. An expunged record of arrest or conviction shall be confidential and no longer considered to be a public record and shall not be made available to any person or other entity except for the following:

            (1) To a member of a law enforcement or criminal justice agency or prosecutor who shall request that information in writing, certifying that the request is for the purpose of investigating, prosecuting, or enforcing criminal law, for the purpose of any other statutorily defined law enforcement or administrative duties, or for the purposes of the requirements of sex offender registration and notification pursuant to the provisions of R.S. 15:540 et seq.

            (2) On order of a court of competent jurisdiction and after a contradictory hearing for good cause shown.

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

            (4) To a member of a law enforcement or criminal justice agency, prosecutor, or judge, who requests that information in writing, certifying that the request is for the purpose of defending a law enforcement, criminal justice agency, or prosecutor in a civil suit for damages resulting from wrongful arrest or other civil litigation and the expunged record is necessary to provide a proper defense.

            B. Upon written request therefor and on a confidential basis, the information contained in an expunged record may be released to the following entities that shall maintain the confidentiality of such record: the Office of Financial Institutions, the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of Psychologists, the Louisiana Board of Pharmacy, the Louisiana State Board of Social Work Examiners, the Emergency Medical Services Certification Commission, Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, the Louisiana Supreme Court Committee on Bar Admissions, the Louisiana Department of Insurance, the Louisiana Licensed Professional Counselors Board of Examiners, the Louisiana State Board of Chiropractic Examiners, or any person or entity requesting a record of all criminal arrests and convictions pursuant to R.S. 15:587.1, or as otherwise provided by law.

            C. Except as to those persons and other entities set forth in Paragraph A of this Article, no person whose record of arrest or conviction has been expunged shall be required to disclose to any person that he was arrested or convicted of the subject offense, or that the record of the arrest or conviction has been expunged.

            D. Any person who fails to maintain the confidentiality of records as required by the provisions of this Article shall be subject to contempt proceedings.

            E. Nothing in this Article shall be construed to limit or impair in any way the subsequent use of any expunged record of any arrests or convictions by a law enforcement agency, criminal justice agency, or prosecutor including its use as a predicate offense, for the purposes of the Habitual Offender Law, or as otherwise authorized by law.

            F. Nothing in this Article shall be construed to limit or impair the authority of a law enforcement official to use an expunged record of any arrests or convictions in conducting an investigation to ascertain or confirm the qualifications of any person for any privilege or license as required or authorized by law.

            G. Nothing in this Article shall be construed to limit or impair in any way the subsequent use of any expunged record of any arrests or convictions by a "news-gathering organization". For the purposes of this Title, "news-gathering organization" means all of the following:

            (1) A newspaper, or news publication, printed or electronic, of current news and intelligence of varied, broad, and general public interest, having been published for a minimum of one year and that can provide documentation of membership in a statewide or national press association, as represented by an employee thereof who can provide documentation of his employment with the newspaper, wire service, or news publication.

            (2) A radio broadcast station, television broadcast station, cable television operator, or wire service as represented by an employee thereof who can provide documentation of his employment.

            H. Nothing in this Article shall be construed to relieve a person who is required to register and provide notice as a child predator or sex offender of any obligations and responsibilities provided in R.S. 15:541 et seq.

            Acts 2014, No. 145, §1; Acts 2018, No. 141, §1.

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

            A. A private third-party entity, excluding a news-gathering organization, that compiles and disseminates criminal history information for compensation shall not disseminate any information in its possession regarding an arrest, conviction, or other disposition after it has received notice of an issuance of a court order to expunge the record of any such arrest or conviction. The provisions of this Paragraph shall not apply to private third-party entities which are regulated by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) or the Gramm-Leach-Bliley Act (15 U.S.C. §6801-6809).

            B. The person obtaining the expungement shall send notice of the order of expungement by certified or registered mail with return receipt requested and a certified copy of the order of expungement.

            C. A private third-party entity that publicly disseminates criminal history information in violation of this Article after having received notice as provided for in Paragraph B of this Article, may be liable for any actual damages, court costs, and attorney fees that are incurred by the person whose criminal history was disseminated.

            Acts 2014, No. 145, §1.

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

Notwithstanding any other provision of law to the contrary, a person in the custody of the Department of Public Safety and Corrections, or incarcerated in any correctional facility shall not be permitted to file a motion to expunge a record of an arrest which did not result in a conviction or to expunge a record of an arrest and conviction of a misdemeanor or felony offense.

Acts 2014, No. 145, §1.

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

            A. A person may file a motion to expunge a record of his arrest for a felony or misdemeanor offense that did not result in a conviction if any of the following apply:

            (1) The person was not prosecuted for the offense for which he was arrested, and the limitations on the institution of prosecution have barred the prosecution for that offense.

            (2) The district attorney for any reason declined to prosecute any offense arising out of that arrest.

            (3) Prosecution was instituted and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.

            (4) The person was judicially determined to be factually innocent and entitled to compensation for a wrongful conviction pursuant to the provisions of R.S. 15:572.8. The person may seek to have the arrest and conviction which formed the basis for the wrongful conviction expunged without the limitations or time delays imposed by the provisions of this Article or any other provision of law to the contrary.

            B. Pursuant to R.S. 15:578.1, no person arrested for a violation of R.S. 14:98 (operating a vehicle while intoxicated) or a parish or municipal ordinance that prohibits operating a vehicle while intoxicated, impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance, and placed by the prosecuting authority into a pretrial diversion program, shall be entitled to an expungement of the record until five years have elapsed since the date of arrest for that offense.

            C. The motion to expunge a record of arrest that did not result in a conviction of a misdemeanor or felony offense shall be served pursuant to the provisions of Article 979.

            Acts 2014, No. 145, §1; Acts 2015, No. 200, §1; Acts 2016, No. 125, §1, eff. May 19, 2016.

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

            A. A person may file a motion to expunge his record of arrest and conviction of a misdemeanor offense if either of the following apply:

            (1) The conviction was set aside and the prosecution was dismissed pursuant to Article 894(B) of this Code.

            (2) More than five years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole, and the person has not been convicted of any felony offense during the five-year period, and has no felony charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that to his knowledge the applicant has no felony convictions during the five-year period and no pending felony charges under a bill of information or indictment.

            B. The motion to expunge a record of arrest and conviction of a misdemeanor offense shall be served pursuant to the provisions of Article 979 of this Code.

            C. No person shall be entitled to expungement of a record under any of the following circumstances:

            (1) The misdemeanor conviction arose from circumstances involving or is the result of an arrest for a sex offense as defined in R.S. 15:541, except that an interim expungement shall be available as authorized by the provisions of Article 985.1 of this Code.

            (2) The misdemeanor conviction was for domestic abuse battery.

            (3) The misdemeanor conviction was for stalking (R.S. 14:40.2).

            D.(1) Expungement of a record of arrest and conviction of a misdemeanor offense shall occur only once with respect to any person during a five-year period, unless the person was sentenced pursuant to Article 894(B) of this Code.

            (2) Expungement of a record of arrest and conviction of a misdemeanor offense of operating a vehicle while intoxicated shall occur only once with respect to any person during a ten-year period.

            Acts 2014, No. 145, §1; Acts 2015, No. 151, §1, eff. June 23, 2015; Acts 2015, No. 200, §1.

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

            A. Except as provided in Paragraph B of this Article, a person may file a motion to expunge his record of arrest and conviction of a felony offense if any of the following apply:

            (1) The conviction was set aside and the prosecution was dismissed pursuant to Article 893(E).

            (2) More than ten years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the felony conviction, and the person has not been convicted of any other criminal offense during the ten-year period, and has no criminal charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that, to his knowledge, the applicant has no convictions during the ten-year period and no pending charges under a bill of information or indictment.

            (3) The person is entitled to a first offender pardon for the offense pursuant to Article IV, Section 5(E)(1) of the Constitution of Louisiana, provided that the offense is not defined as a crime of violence pursuant to R.S. 14:2(B) or a sex offense pursuant to R.S. 15:541.

            B. No expungement shall be granted nor shall a person be permitted to file a motion to expunge the record of arrest and conviction of a felony offense if the person was convicted of the commission or attempted commission of any of the following offenses:

            (1) A crime of violence as defined by or enumerated in R.S. 14:2(B), unless otherwise authorized in Paragraph E of this Article.

            (2)(a) Notwithstanding any provision of Article 893, a sex offense or a criminal offense against a victim who is a minor as each term is defined by R.S. 15:541, or any offense which occurred prior to June 18, 1992, that would be defined as a sex offense or a criminal offense against a victim who is a minor had it occurred on or after June 18, 1992.

            (b) Any person who was convicted of carnal knowledge of a juvenile (R.S. 14:80) prior to August 15, 2001, is eligible for an expungement pursuant to the provisions of this Title if the offense for which the offender was convicted would be defined as misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1) had the offender been convicted on or after August 15, 2001. The burden is on the mover to establish that the elements of the offense of conviction are equivalent to the current definition of misdemeanor carnal knowledge of a juvenile as defined by R.S. 14:80.1. A copy of the order waiving the sex offender registration and notification requirements issued pursuant to the provisions of R.S. 15:542(F) shall be sufficient to meet this burden.

            (3) A violation of the Uniform Controlled Dangerous Substances Law, except for any of the following which may be expunged pursuant to the provisions of this Title:

            (a) A conviction for possession of a controlled dangerous substance as provided for in R.S. 40:966(C), 967(C), 968(C), or 969(C), or 970(C).

            (b) A conviction for possession of a controlled dangerous substance with the intent to distribute.

            (c) A conviction for a violation of the Uniform Controlled Dangerous Substances Law which is punishable by a term of imprisonment of not more than five years.

            (d) A conviction for a violation of the Uniform Controlled Dangerous Substances Law which may be expunged pursuant to Article 893(E).

            (e) A conviction for a violation of the Uniform Controlled Dangerous Substances Law for which the person is entitled to a first offender pardon pursuant to Article IV, Section 5(E)(1) of the Constitution of Louisiana.

            (4) The conviction was for domestic abuse battery.

            C. The motion to expunge a record of arrest and conviction of a felony offense shall be served pursuant to the provisions of Article 979.

            D. Expungement of a record of arrest and conviction of a felony offense shall occur only once with respect to any person during a fifteen-year period. The limitation provided in this Paragraph shall not apply to a person who is seeking the expungement of his record of arrest and conviction for a conviction that was set aside and the prosecution dismissed pursuant to Article 893(E).

            E.(1) Notwithstanding any other provision of law to the contrary, after a contradictory hearing, the court may order the expungement of the arrest and conviction records of a person pertaining to a conviction of aggravated battery, second degree battery, aggravated criminal damage to property, simple robbery, purse snatching, or illegal use of weapons or dangerous instrumentalities if all of the following conditions are proven by the petitioner:

            (a) More than ten years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the felony conviction.

            (b) The person has not been convicted of any other criminal offense during the ten-year period.

            (c) The person has no criminal charge pending against him.

            (d) The person has been employed for a period of ten consecutive years.

            (2) The motion filed pursuant to this Paragraph shall include a certification from the district attorney which verifies that, to his knowledge, the applicant has no convictions during the ten-year period and no pending charges under a bill of information or indictment. The motion shall be heard by contradictory hearing as provided by Article 980.

            Acts 2014, No. 145, §1; Acts 2015, No. 151, §1, eff. June 23, 2015; Acts 2015, No. 200, §1; Acts 2016, No. 125, §1, eff. May 19, 2016; Acts 2018, No. 678, §1; Acts 2019, No. 268, §1.

Art. 979. Service of motion to expunge a record

            A. The clerk of court shall serve notice of the motion of expungement by United States mail or electronically upon the following entities:

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

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

            (3) The arresting law enforcement agency.

            B. When service is made by United States mail, a certificate of service shall be filed into the record indicating the date the motion was placed in the United States mail for service.

            Acts 2014, No. 145, §1; Acts 2015, No. 200, §1.

Art. 980. Contradictory hearing

            A. Any entity named in Article 979 of this Code that receives notice of the motion may object to the granting of a motion to expunge a record.

            B.(1) Except as provided in Subparagraph (2) of this Paragraph, an objecting party shall file an affidavit of response with reasons for the objection in the record with service to the defendant within sixty days from the date of service of the motion and specifically state the grounds for the objection.

            (2) If the Louisiana Bureau of Criminal Identification and Information objects to the granting of the motion to expunge a record, it shall file an affidavit of response with reasons for the objection in the record with service to the defendant within one hundred and twenty days from the date of the service of the motion until August 1, 2015. On August 1, 2015, and thereafter, if the Louisiana Bureau of Criminal Identification and Information objects to the granting of the motion to expunge a record, it shall file an affidavit of response with reasons for the objection in the record with service to the defendant within sixty days from the date of the service of the motion.

            C. The court may grant an extension of time to file an objection not to exceed thirty days from the expiration of the original sixty days for a party to object.

            D. Any objection timely filed shall have a contradictory hearing. If an objection is timely filed, the district attorney or an objecting party shall request that the matter be set for a contradictory hearing. A notice of hearing shall be served on the defendant and those persons provided for in Article 979 of this Code.

            E. The objecting agency must show by a preponderance of the evidence why the motion of expungement should not be granted.

            F. If no objection is filed by an agency listed under Article 979 of this Code, the defendant may waive the contradictory hearing, and the court shall grant the motion to expunge the record if the court determines that the mover is entitled to the expungement in accordance with law.

            G. Any agency listed under Article 979 of this Code may expressly waive its time period to object by filing a formal "No Opposition" into the record.

            Acts 2014, No. 145, §1; Acts 2015, No. 200, §1.

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

            A judgment ordering expungement of a record of arrest or of conviction of a misdemeanor or felony offense shall be served as provided for in Article 982 of this Code. The judgment shall not affect any persons or other entities set forth in Article 979 or 982 of this Code who have not been served with the motion and judgment ordering the expungement of a record.

            Acts 2014, No. 145, §1.

Art. 982. Service of order and judgment of expungement

The clerk of court shall serve the order and judgment of expungement of a record by United States mail or electronically upon all of the following entities:

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

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

(3)  The sheriff of the parish of conviction.

(4)  The arresting agency.

Acts 2014, No. 145, §1.

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

            A. Except as provided for in Articles 894 and 984, the total cost to obtain a court order expunging a record shall not exceed five hundred fifty dollars.

            B. The nonrefundable processing fees for a court order expunging a record shall be as follows:

            (1) The Louisiana Bureau of Criminal Identification and Information may charge a processing fee of two hundred fifty dollars for the expungement of any record of arrest when ordered to do so by the court in compliance with the provisions of this Title.

            (2) The sheriff may charge a processing fee of fifty dollars for the expungement of any record of arrest when ordered to do so by the court in compliance with the provisions of this Title.

            (3) The district attorney may charge a processing fee of fifty dollars for the expungement of any record of arrest when ordered to do so by the court in compliance with the provisions of this Title.

            (4) The clerk of court may charge a processing fee not to exceed two hundred dollars to cover the clerk's costs of the expungement.

            C. The clerk of court shall collect all processing fees at the time the motion for expungement is filed.

            D.(1) The clerk shall immediately direct the collected processing fee provided for in Subparagraph (B)(1) of this Article to the Louisiana Bureau of Criminal Identification and Information, and the processing fee amount shall be deposited immediately upon receipt into the Criminal Identification and Information Fund.

            (2) The clerk shall immediately direct the collected processing fees provided for in Subparagraphs (B)(2) and (3) of this Article to the sheriff and the district attorney, and the processing fee amount shall be remitted immediately upon receipt in equal proportions to the office of the district attorney and the sheriff's general fund.

            E. The processing fees provided for by this Article are nonrefundable and shall not be returned even if the court does not grant the motion for expungement.

            F. An applicant for the expungement of a record shall not be required to pay any fee to the clerk of court, the Louisiana Bureau of Criminal Identification and Information, sheriff, the district attorney, or any other agency to obtain or execute an order of a court of competent jurisdiction to expunge the arrest from the individual's arrest record if a certification obtained from the district attorney is presented to the clerk of court which verifies that the applicant has no felony convictions and no pending felony charges under a bill of information or indictment and at least one of the following applies:

            (1) The applicant was acquitted, after trial, of all charges derived from the arrest, including any lesser and included offense.

            (2) The district attorney consents, and the case against the applicant was dismissed or the district attorney declined to prosecute the case prior to the time limitations prescribed in Chapter 1 of Title XVII of this Code, and the applicant did not participate in a pretrial diversion program.

            (3) The applicant was arrested and was not prosecuted within the time limitations prescribed in Chapter 1 of Title XVII of this Code and did not participate in a pretrial diversion program.

            (4) The applicant was determined to be factually innocent and entitled to compensation for a wrongful conviction pursuant to the provisions of R.S. 15:572.8.

            (5) Concerning the arrest record which the applicant seeks to expunge, the applicant was determined by the district attorney to be a victim of a violation of R.S. 14:67.3 (unauthorized use of "access card"), a violation of R.S. 14:67.16 (identity theft), a violation of R.S. 14:70.4 (access device fraud), or a violation of any other crime which involves the unlawful use of the identity or personal information of the applicant.

            G. Notwithstanding any other provision of law to the contrary, a juvenile who has successfully completed any juvenile drug court program operated by a court of this state shall be exempt from payment of the processing fees otherwise authorized by this Article.

            H. If an application for an expungement of a record includes two or more offenses arising out of the same arrest, including misdemeanors, felonies, or both, the applicant shall be required to pay only one fee as provided for by this Article.

            I. Notwithstanding any provision of law to the contrary, an applicant for the expungement of a record, other than as provided in Paragraphs F and G of this Article, may proceed in forma pauperis in accordance with the provisions of Code of Civil Procedure Article 5181 et seq.

            Acts 2014, No. 145, §1; Acts 2016, No. 8, §1; Acts 2018, No. 404, §1; Acts 2019, No. 1, §1.

Art. 984. Additional requirements for the expungement of records involving the operation of a vehicle while intoxicated;  additional fee

            A. A person convicted of operating a vehicle while intoxicated shall be required to supplement the motions required in this Title with proof in the form of a certified letter from the Department of Public Safety and Corrections, office of motor vehicles, that the person has complied with the requirements of this Article. The certified letter shall be attached to the motion to expunge the record of arrest and conviction for operating a vehicle while intoxicated.

            B. The court shall order the clerk of court to mail to the Department of Public Safety and Corrections, office of motor vehicles, all of the following as provided by the defendant:

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

            (2) Fingerprints of the defendant.

            (3) Proof that the defendant meets the requirements as set forth in Article 556 or 556.1 of this Code which shall include the defendant's date of birth, social security number, and driver's license number.

            C. An additional fifty-dollar court cost shall be assessed at this time against the defendant and paid to the Department of Public Safety and Corrections, office of motor vehicles, for the costs of storage and retrieval of the records. The court cost provided by this Paragraph shall be submitted to the department regardless of whether the clerk of court is submitting this matter to the department pursuant to Paragraph B or D of this Article.

            D. In lieu of forwarding the items listed in Paragraph B of this Article, the clerk of court may send a copy of the letter issued by the department pursuant to Subparagraph (B)(1) of Article 894 if the clerk had previously submitted records of the plea to the department pursuant to that Article.

            Acts 2014, No. 145, §1; Acts 2015, No. 200, §1.

Art. 985. Expungement by redaction of records with references to multiple individuals

A.  If a record includes the name of more than one individual and one or more of the individuals is entitled to an expungement of an arrest or conviction pursuant to the provisions of this Title, any individual entitled to an expungement may petition the court to have records related to the arrest or conviction of the individual expunged by redaction.

B.  If the court grants the expungement by redaction, the name of the individual and all other identifying information regarding the individual granted the expungement by redaction shall be redacted from all records regarding the arrest and conviction.  The redacted records shall be available for public access.

C.  The clerk of court shall not be liable for any damages resulting to any person or entity as a consequence of expunging or redacting or for the failure to expunge or redact any record where the expungement order does not specifically identify all locations of the records to be expunged or specify the information to be redacted.

Acts 2014, No. 145, §1.

Art. 985.1. Interim motion to expunge a felony arrest from criminal history in certain cases resulting in a misdemeanor conviction

A.  A person may file an interim motion to expunge a felony arrest from his criminal history when that original arrest results in a conviction for a misdemeanor.  In such cases, only the original felony arrest may be expunged.

B.  The interim motion to expunge a felony arrest which results in a misdemeanor conviction from criminal history is separate and distinct from an  expungement of a final conviction pursuant to Articles 976, 977, and 978 of this Code.

C.  Except as provided in Paragraph D of this Article, an interim motion to expunge a felony arrest from criminal history shall follow the same procedures and fees established pursuant to the provisions of Article 979 et seq of this Code.

D.  An interim motion to expunge shall not be subject to the time limitations provided for in Articles 977(A)(2) or 978(A)(2) of this Code, and there shall be no restriction on the number of interim expungements which may be granted.

Acts 2014, No. 145, §1.

Art. 986. Forms for the expungement of records

            A. Only the forms provided for in Articles 987, 988, 989, 990, 991, 992, 993, 994, and 995 of this Code shall be used for filing motions to expunge a record of an arrest which did not result in a conviction, for the expungement of a record of arrest and conviction of a misdemeanor or felony offense, or for an interim motion to expunge a felony offense which resulted in a misdemeanor conviction.

            B. Supplemental forms may be added to any petition as long as they adhere to the form provided for in Article 993 of this Code.

            C. The clerk of court for any court in the state of Louisiana having criminal jurisdiction may amend any of the forms provided for in Articles 987, 988, 989, 990, 991, 992, 993, 994, and 995 to provide the appropriate name of the court ordering an expungement of records.

            Acts 2014, No. 145, §1; Acts 2015, No. 200, §1.

Art. 987. Motion to set aside conviction and dismiss prosecution;  rule to show cause;  order of dismissal forms to be used

"

STATE OF LOUISIANA

JUDICIAL DISTRICT FOR THE PARISH OF

______________________________

No.: _____________

Division: "_______"

State of Louisiana

vs.

_______________________________________________________

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

*

Article 894(B) Misdemeanors, OR

*

Article 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.

Respectfully submitted,

____________________________________

Signature of Attorney for Mover/Defendant

____________________________________

Attorney for Mover/Defendant Name

____________________________________

Attorney's Bar Roll No.

____________________________________

Address

____________________________________

City, State, ZIP Code

____________________________________

Telephone Number

If not represented by counsel:

____________________________________

Signature of Mover/Defendant

____________________________________

Mover/Defendant Name

____________________________________

Address

____________________________________

City, State, ZIP Code

____________________________________

Telephone Number

STATE OF LOUISIANA

JUDICIAL DISTRICT FOR THE PARISH OF

______________________________

No.: ______________

Division: "_______"

State of Louisiana

vs.

_______________________________________________________

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

PLEASE SERVE:

1.

District Attorney: _____________________________________________

2.

Attorney for Defendant and/or Defendant ____________________________

STATE OF LOUISIANA

JUDICIAL DISTRICT FOR THE PARISH OF

______________________________

No.: _________

Division: "_______"

State of Louisiana

vs.

_______________________________________________________

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

PLEASE SERVE:

1.

District Attorney:________________________________________________

2.

Attorney for Defendant and/or Defendant ___________________________"

Acts 2014, No. 145, §1.

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

      "                                    STATE OF LOUISIANA

JUDICIAL DISTRICT FOR THE PARISH OF

______________________________

 

No.: ______________Division: "_______"

 

State of Louisiana

vs.

_______________________________________________________

 

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)#

XXX-XX-

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

 

 

_______________________________________________________, 20____"

District Attorney or his designee - SignatureDate

 

            Acts 2014, No. 145, §1; Acts 2015, No. 200, §1.

Art. 989. Motion for expungement forms to be used

STATE OF LOUISIANA

JUDICIAL DISTRICT FOR THE PARISH OF

______________________________

No.: _____________Division: "_______"

State of Louisiana

vs.

_______________________________________________________

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,              First,               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 NO. _________________

Mover is entitled to expunge the record of his arrest/conviction pursuant to Louisiana Code of Criminal Procedure Article 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

 

                        _____ YES _____ NO           Convicted but determined to be factually innocent and entitled to compensation for a wrongful conviction pursuant to the provisions of R.S. 15:572.8.

            4.         Mover was booked and/or charged with the following offenses: (List each offense booked and charged separately. Attach a supplemental sheet, if necessary.)

            ____ Yes ____ No    ARRESTS THAT DID NOT RESULT IN CONVICTION

            NO. 1              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

            NO. 2              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.

( ) Charge dismissed

                                                ( ) Found not guilty/judgment of acquittal

            NO. 3              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.

( ) Charge dismissed

                                                ( ) Found not guilty/judgment of acquittal

            ____ Yes ____ No    MISDEMEANOR CONVICTIONS

            NO. 1              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.

            NO. 2              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.

            ____ Yes ____ No    FELONY CONVICTIONS

            NO. 1              La. Rev. Stat. Ann.                                         § _______ : ________

                                                ( ) 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

            NO. 2              La. Rev. Stat. Ann.                                         § _______ : ________

                                                ( ) 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

            ____ Yes ____ No     OPERATING A MOTOR VEHICLE WHILE INTOXICATED CONVICTIONS

Mover has attached the following:

                        ( )       A copy of the proof 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 60 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 charges 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.

                        □          Documentation verifying that the mover has been employed for ten consecutive years.

                        □          A copy of the court order determination of factual innocence and order of compensation for a wrongful conviction pursuant to the provisions of R.S. 15:572.8 if applicable.

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 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

 

____________________________________

                                                                                    Attorney for Mover/Defendant Name

 

____________________________________

                                                                                    Attorney's Bar Roll No.

 

____________________________________

                                                                                    Address

 

____________________________________

                                                                                    City, State, ZIP Code

 

____________________________________

                                                                                    Telephone Number

 

                                                                        If not represented by counsel:

 

____________________________________

                                                                                    Signature of Mover/Defendant

 

____________________________________

                                                                                    Mover/Defendant Name

 

____________________________________

                                                                                    Address

 

____________________________________

                                                                                    City, State, ZIP Code

 

____________________________________

                                                                                    Telephone Number

 

            Acts 2014, No. 145, §1; Acts 2015, No. 200, §1; Acts 2016, No. 125, §1, eff. May 19, 2016; Acts 2018, No. 711, §1.

Art. 990. Affidavit of response form to be used

"

STATE OF LOUISIANA

JUDICIAL DISTRICT FOR THE PARISH OF

______________________________

No.: ______________

Division: "_______"

State of Louisiana

vs.

_______________________________________________________

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.

*

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

OR

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

*

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

*

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

OR

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

*

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

*

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

Respectfully submitted,

____________________________________

Signature of Attorney

____________________________________

Attorney's Bar Roll No.

____________________________________

Address

____________________________________

City, State, ZIP Code

____________________________________

Telephone Number

PLEASE SERVE:

1.

District Attorney:______________________________________________

2.

Louisiana Bureau of Criminal Identification and Information___________

3.

The Arresting Law Enforcement Agency___________________________

Acts 2014, No. 145, §1.

Art. 991. Order form to be used

"

STATE OF LOUISIANA

JUDICIAL DISTRICT FOR THE PARISH OF

______________________________

No.: _____________

Division: "_______"

State of Louisiana

vs.

_______________________________________________________

ORDER

IT IS HEREBY ORDERED,

*

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

*

If the Louisiana Bureau of Criminal Identification and Information objects to the Motion for Expungement, they shall file a motion within 120 days of the service of this order (prior to August 1, 2015) and within 60 days of service of this order (after August 1, 2015).

*

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.

THUS ORDERED AND SIGNED this ____ day of _________________, 20 ____ at ______________, Louisiana, ___________________________.

___________________________

JUDGE

PLEASE SERVE:

1.

District Attorney:________________________________________________

2.

Louisiana Bureau of Criminal Identification and Information_____________

3.

Arresting Agency: ____________________________________________"

Acts 2014, No. 145, §1.

Art. 992. Order of expungement form to be used

STATE OF LOUISIANA

JUDICIAL DISTRICT FOR THE PARISH OF

______________________________

            No.: ____________                                                                Division: "_______"

State of Louisiana

vs.

_______________________________________________________

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 No(s). ___, , , , ________ for 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 R.S. 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 R.S. 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 a sex offense as defined in R.S. 15:541.

                        □          Mover was convicted of misdemeanor offense of domestic abuse battery which was not dismissed pursuant to C.Cr.P. Art. 894(B).

                        □          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 C.Cr.P. Art. 893(E).

                        □          Mover's felony conviction was not set aside and dismissed pursuant to C.Cr.P. Art. 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.

                        □          Mover has not been employed for ten consecutive years as required by C.Cr.P. Art. 978(E)(1)(d).

                        □          Mover was not convicted of a crime that would be eligible for expungement as required by C.Cr.P. Art. 978(E)(1).

                        □          Mover has criminal charges pending against him.

                        □          Mover was convicted of a criminal offense during the ten-year period.

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

□THE MOTION IS HEREBY GRANTED for No(s). ____________ 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 No(s). ____________ 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,              First,               MI)

 

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

 

            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/YY)

 

            THUS ORDERED AND SIGNED this _____ day of _______________, 20____

 

at ________________________, Louisiana.

 

___________________________________

JUDGE

 

PLEASE SERVE:

 

            1.         District Attorney: ______________________________________________

 

            2.         Arresting Agency: _____________________________________________

 

            3.         Parish Sheriff:________________________________________________

 

            4.         Louisiana Bureau of Criminal Identification and Information___________

 

            5.         Attorney for Defendant (or defendant)_____________________________

 

            6.         Clerk of Court ____________________________

 

            Acts 2014, No. 145, §1; Acts 2015, No. 200, §1; Acts 2016, No. 125, §1, eff. May 19, 2016; Acts 2018, No. 711, §1.

Art. 993. Supplemental forms to be used

            SUPPLEMENTAL SHEET

            ____ Yes ____ No    ARRESTS THAT DID NOT RESULT IN CONVICTION

            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

            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

            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

            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

            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

            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

SUPPLEMENTAL SHEET

            ____ Yes ____ No    MISDEMEANOR CONVICTIONS

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 894(B)

                                                ( ) More than 5 years have passed

                                                       since completion of sentence.

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 894(B)

                                                ( ) More than 5 years have passed

                                                       since completion of sentence.

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 894(B)

                                                ( ) More than 5 years have passed

                                                       since completion of sentence.

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 894(B)

                                                ( ) More than 5 years have passed

                                                       since completion of sentence.

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 894(B)

                                                ( ) More than 5 years have passed

                                                       since completion of sentence.

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 894(B)

                                                ( ) More than 5 years have passed

                                                       since completion of sentence.

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 894(B)

                                                ( ) More than 5 years have passed

                                                       since completion of sentence.

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 894(B)

                                                ( ) More than 5 years have passed

                                                       since completion of sentence.

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 894(B)

                                                ( ) More than 5 years have passed

                                                       since completion of sentence.

SUPPLEMENTAL SHEET

            ____ Yes ____ No    FELONY CONVICTIONS

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 893(E)

                                                ( ) More than 10 years have passed

                                                       since completion of sentence

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 893(E)

 

                                                ( ) More than 10 years have passed

                                                       since completion of sentence

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 893(E)

                                                ( ) More than 10 years have passed

                                                       since completion of sentence

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

 

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 893(E)

                                                ( ) More than 10 years have passed

                                                       since completion of sentence

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                      pursuant to C.Cr.P. Art. 893(E)

                                                ( ) More than 10 years have passed

                                                       since completion of sentence

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 893(E)

                                                ( ) More than 10 years have passed

                                                       since completion of sentence

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 893(E)

                                                ( ) More than 10 years have passed

                                                       since completion of sentence

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 893(E)

                                                ( ) More than 10 years have passed

                                                       since completion of sentence

            NO. ___                      La. Rev. Stat. Ann.                             § _______ : ________

                                                Name of the offense                             _________________

                                                ( ) Conviction set aside/dismissed      _____/____/_______

                                                                                                            (MM/DD/YYYY)

                                                       pursuant to C.Cr.P. Art. 893(E)

                                                ( ) More than 10 years have passed

                                                       since completion of sentence

 

            Acts 2014, No. 145, §1; Acts 2018, No. 711, §1.

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

            STATE OF LOUISIANA

JUDICIAL DISTRICT FOR THE PARISH OF

______________________________

No.: _____________Division: "_______"

State of Louisiana

vs.

_______________________________________________________

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,              First,               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 NO. ________________

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 booked and charged separately. Attach a supplemental sheet, if necessary.)

 

            ____ Yes ____ No    FELONY ARREST THAT RESULTED IN A MISDEMEANOR CONVICTION

 

            NO. 1              La. Rev. Stat. Ann.                                         § _______ : ________

                                                Name of the offense                           __________________

__________________

                                                                                                 (MM/DD/YYYY)

( ) Felony charge dismissed.

( ) Convicted of misdemeanor offense arising out of

felony arrest.

 

            5.         Mover has attached to his Motion a criminal background check from the Louisiana State Police/Parish Sheriff dated within the past sixty 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 Criminal Identification and Information 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.

                                                                                    Respectfully submitted,

 

____________________________________

                                                                        Signature of Attorney for Mover/Defendant

 

____________________________________

                                                                        Attorney for Mover/Defendant Name

 

____________________________________

                                                                        Attorney's Bar Roll No.

 

____________________________________

                                                                        Address

 

____________________________________

                                                                        City, State, ZIP Code

 

____________________________________

                                                                        Telephone Number

 

                                                                        If not represented by counsel:

 

____________________________________

                                                                        Signature of Mover/Defendant

 

____________________________________

                                                                        Mover/Defendant Name

 

____________________________________

                                                                        Address

 

____________________________________

                                                                        City, State, ZIP Code

 

____________________________________

                                                                        Telephone Number 

 

PLEASE SERVE:

 

            1.         District Attorney______________________________________________

 

            2.         Louisiana Bureau of Criminal Identification and Information___________

 

            3.         Arresting Agency ______________________________________________

 

            Acts 2014, No. 145, §1; Acts 2018, No. 711, §1.

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

"STATE OF LOUISIANA

JUDICIAL DISTRICT FOR THE PARISH OF

______________________________

No.: ____________

Division: "_______"

State of Louisiana

vs.

_______________________________________________________

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

PLEASE SERVE:

1.

District Attorney ______________________________________________

2.

Louisiana Bureau of Criminal Identification and Information ___________

3.

Arresting Agency _____________________________________________"

Acts 2014, No. 145, §1.

Art. 996. Submission of expungement records to office of motor vehicles;  forms to be used and completed by the clerk of court

TRANSMITTAL OF RECORDS FOR EXPUNGEMENT OF DWI

PURSUANT TO C.Cr.P. Art. 984

____________________________

____________________________

____________________________

________________

DATE



            OFFICE OF MOTOR VEHICLES

            P.O. BOX 64886

            BATON ROUGE, LA 70896

 

NAME_______________________DRIVERS 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 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).


            Acts 2015, No. 200, §1.

Title XXXV. Domestic Violence Prevention Firearm Transfer

Art. 1001. Definitions

            As used in this Title:

            (1) "Dating partner" shall have the same meaning as provided in R.S. 46:2151 or R.S. 14:34.9.

            (2) "Family member" shall have the same meaning as provided in R.S. 46:2132 or R.S. 14:35.3.

Art. 1002. Transfer of firearms

            A.(1) When a person has any of the following, the judge shall order the transfer of all firearms and the suspension of a concealed handgun permit of the person:

            (a) A conviction of domestic abuse battery (R.S. 14:35.3).

            (b) A second or subsequent conviction of battery of a dating partner (R.S. 14:34.9).

            (c) A conviction of battery of a dating partner that involves strangulation (R.S. 14:34.9(K)).

            (d) A conviction of battery of a dating partner when the offense involves burning (R.S. 14:34.9(L)).

            (e) A conviction of possession of a firearm or carrying a concealed weapon by a person convicted of domestic abuse battery and certain offenses of battery of a dating partner (R.S. 14:95.10).

            (f) A conviction of domestic abuse aggravated assault (R.S. 14:37.7).

            (g) A conviction of aggravated assault upon a dating partner (R.S. 14:34.9.1).

            (h) A conviction of any felony crime of violence enumerated or defined in R.S. 14:2(B), for which a person would be prohibited from possessing a firearm pursuant to R.S. 14:95.1, and which has as an element of the crime that the victim was a family member, household member, or dating partner.

            (i) A conviction of any felony crime of violence enumerated or defined in R.S. 14:2(B), for which a person would be prohibited from possessing a firearm pursuant to R.S. 14:95.1, and in which the victim of the crime was determined to be a family member, household member, or dating partner.

            (2) Upon issuance of an injunction or order under any of the following circumstances, the judge shall order the transfer of all firearms and the suspension of a concealed handgun permit of the person who is subject to the injunction or order:

            (a) The issuance of a permanent injunction or a protective order pursuant to a court-approved consent agreement or pursuant to the provisions of R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2136, 2151, or 2173, Children's Code Article 1570, Code of Civil Procedure Article 3607.1, or Articles 30, 320, or 871.1 of this Code.

            (b) The issuance of a Uniform Abuse Prevention Order that includes terms that prohibit the person from possessing a firearm or carrying a concealed weapon.

            B.(1) The order to transfer firearms and suspend a concealed handgun permit shall be issued by the court at the time of conviction for any of the offenses listed in Subparagraph (A)(1) of this Article or at the time the court issues an injunction or order under any of the circumstances listed in Subparagraph (A)(2) of this Article.

            (2) In the order to transfer firearms and suspend a concealed handgun permit the court shall inform the person subject to the order that he is prohibited from possessing a firearm and carrying a concealed weapon pursuant to the provisions of 18 U.S.C. 922(g)(8) and Louisiana law.

            C. At the same time an order to prohibit a person from possessing a firearm or carrying a concealed weapon is issued, the court shall also cause all of the following to occur:

            (1) Require the person to state in open court or complete an affidavit stating the number of firearms in his possession and the location of all firearms in his possession.

            (2) Require the person to complete a firearm information form that states the number of firearms in his possession, the type of each firearm, and the location of each firearm.

            (3) Transmit a copy of the order to transfer firearms and a copy of the firearm information form to the sheriff of the parish or the sheriff of the parish of the person's residence.

            D.(1) The court shall, on the record and in open court, order the person to transfer all firearms in his possession to the sheriff no later than forty-eight hours, exclusive of legal holidays, after the order is issued and a copy of the order and firearm information form required by Paragraph C of this Article is sent to the sheriff. If the person is incarcerated at the time the order is issued, he shall transfer his firearms no later than forty-eight hours after his release from incarceration, exclusive of legal holidays. At the time of transfer, the sheriff and the person shall complete a proof of transfer form. The proof of transfer form shall contain the quantity of firearms transferred. The sheriff shall retain a copy of the form and provide the person with a copy. The proof of transfer form shall attest that the person is not currently in possession of firearms in accordance with the provisions of this Title and is currently compliant with state and federal law, but shall not include the date on which the transfer occurred.

            (2) Within ten days of transferring his firearms, exclusive of legal holidays, the person shall file the proof of transfer form with the clerk of court of the parish in which the order was issued. The proof of transfer form shall be maintained by the clerk of court under seal.

            E.(1) If the person subject to the order to transfer firearms and suspend a concealed handgun permit issued pursuant to Paragraph A of this Article does not possess firearms, at the time the order is issued, the person shall complete a declaration of nonpossession form which shall be filed in the court record and a copy shall be provided to the sheriff.

            (2) Within five days of the issuance of the order pursuant to Paragraph A of this Article, exclusive of legal holidays, the person shall file the declaration of nonpossession with the clerk of court of the parish in which the order was issued.

            F. Notwithstanding the provisions of Paragraph E of this Article or any other provision of law to the contrary, if the person subject to the order to transfer firearms and suspend a concealed handgun permit issued pursuant to Paragraph A of this Article possessed firearms at the time of the qualifying incident giving rise to the duty to transfer his firearms pursuant to this Title, but transferred or sold his firearms to a third party prior to the court's issuance of the order, that third-party transfer shall be declared in open court. The person subject to the order to transfer firearms and suspend a concealed handgun permit shall within ten days after issuance of the order, exclusive of legal holidays, execute along with the third party and a witness a proof of transfer form that complies with the provisions of Paragraph D of this Article and with Article 1003(A)(1)(a). The proof of transfer form need not be signed by the sheriff and shall be filed, within ten days after the date on which the proof of transfer form is executed, by the person subject to the order with the clerk of court of the parish in which the order was issued. The proof of transfer form shall be maintained by the clerk of court under seal.

            G. The failure to provide the information required by this Title, the failure to timely transfer firearms in accordance with the provisions of this Title, or both, may be punished as contempt of court. Information required to be provided in order to comply with the provisions of this Title cannot be used as evidence against that person in a future criminal proceeding, except as provided by the laws on perjury or false swearing.

            H. On motion of the district attorney or of the person transferring his firearms, and for good cause shown, the court shall conduct a contradictory hearing with the district attorney to ensure that the person has complied with the provisions of this Title.

            I. For the purposes of this Title, a person shall be deemed to be in possession of a firearm if that firearm is subject to his dominion and control.

            Acts 2018, No. 367, §3, eff. Oct. 1, 2018; Acts 2019, No. 427, §3.

Art. 1003. Transfer or storage of transferred firearms

            A. The sheriff of each parish shall be responsible for oversight of firearm transfers in his parish. For each firearm transferred pursuant to this Title, the sheriff shall offer all of the following options to the transferor:

            (1)(a) Allow a third party to receive and hold the transferred firearms. The third party shall complete a firearms acknowledgment form that, at a minimum, informs the third party of the relevant state and federal laws, lists the consequences for noncompliance, and asks if the third party is able to lawfully possess a firearm. No firearm shall be transferred to a third party living in the same residence as the transferor at the time of transfer. The sheriff shall prescribe the manner in which firearms are transferred to a third party.

            (b) If a firearm is transferred to a third party pursuant to the provisions of this Subparagraph, the sheriff shall advise the third party that return of the firearm to the person before the person is able to lawfully possess the firearms pursuant to state or federal law may result in the third party being charged with a crime.

            (2) Store the transferred firearms in a storage facility with which the sheriff has contracted for the storage of transferred firearms or with the sheriff. The sheriff may charge a reasonable fee for the storage of such firearms.

            (3) Oversee the legal sale of the transferred firearms to a third party. The sheriff may contract with a licensed firearms dealer for such purpose. The sheriff may charge a reasonable fee to oversee the sale of firearms.

            B. The sheriff shall prepare a receipt for each firearm transferred and provide a copy to the person transferring the firearms. The receipt shall include the firearm manufacturer and firearm serial number. The receipt shall be signed by the officer accepting the firearms and the person transferring the firearms. The sheriff may require the receipt to be presented before returning a transferred firearm.

            C. The sheriff shall keep a record of all transferred firearms including but not limited to the name of the person transferring the firearm, the manufacturer, model, serial number, and the manner in which the firearm is stored.

            D.(1) When the person is no longer prohibited from possessing a firearm under state or federal law, the person whose firearms were transferred pursuant to the provisions of this Title may file a motion with the court seeking an order for the return of the transferred firearms.

            (2) Upon reviewing the motion, if the court determines that the person is no longer prohibited from possessing a firearm under state or federal law, the court shall issue an order stating that the firearms transferred pursuant to the provisions of this Title shall be returned to the person. The order shall include the date on which the person is no longer prohibited from possessing a firearm and a copy of the order shall be sent to the sheriff. However, all outstanding fees shall be paid to the sheriff prior to the firearms being returned.

            (3) No sheriff or third party to whom the firearms were transferred pursuant to the provisions of this Title, shall return a transferred firearm prior to receiving the order issued by the court pursuant to the provisions of this Paragraph.

            (4) If the person refuses to pay outstanding fees to the sheriff or fails to file a motion with the court seeking an order for the return of the transferred firearms within one year of the expiration of the prohibition on possessing firearms under state or federal law, the sheriff may send, by United States mail to the person's last known address, a notice informing the person that if he does not pay the outstanding fees to the sheriff or file a motion with the court seeking an order for the return of the transferred firearms within ninety days, the firearms shall be forfeited to the sheriff. If, after ninety days from the mailing of the notice, the person does not pay the outstanding fees to the sheriff or file a motion with the court seeking an order for the return of the transferred firearms, the sheriff may file a motion seeking a court order declaring that the firearms are forfeited to the sheriff, who may thereafter dispose of the firearms at his discretion.

            E. The sheriff shall exercise due care to preserve the quality and function of all firearms transferred under the provisions of this Title. However, the sheriff shall not be liable for damage to firearms except for cases of willful or wanton misconduct or gross negligence. In addition, the sheriff shall not be liable for damage caused by the third party to whom the firearms were transferred pursuant to the provisions of this Title.

            F. Nothing in this Title shall be construed to prohibit the sheriff, consistent with constitutional requirements, from obtaining a search warrant to authorize testing or examination upon any firearm so as to facilitate any criminal investigation or prosecution. Notwithstanding Article 163(C) or any other provision of law to the contrary, the testing or examination of the firearms pursuant to the search warrant may be conducted at any time before or during the pendency of any criminal proceeding in which the firearms, or the testing or examination of the firearms, may be used as evidence, and shall not be subject to the ten-day period in Article 163(C).

            G. Not sooner than three years after the date on which a firearm or firearms are returned pursuant to the provisions of this Article, the person may file a motion with the court requesting that the records relative to the firearm or firearms held by the clerk of court and by the sheriff be destroyed. After a contradictory hearing with the sheriff and the district attorney, which may be waived by the sheriff or the district attorney, the court, if the person is no longer prohibited from possessing firearms under state or federal law and if the firearm or firearms have actually been returned, shall order that the records held by the clerk of court and by the sheriff relative to the returned firearm or firearms be destroyed.

            Acts 2018, No. 367, §3, eff. Oct. 1, 2018; Acts 2019, No. 427, §3.

Art. 1004. Implementation

            The sheriff, clerk of court, and district attorney of each parish shall develop forms, policies, and procedures no later than January 1, 2019, regarding the communication of convictions and orders issued between agencies, procedures for the acceptance of transferred firearms, procedures for the storage of transferred firearms, return of transferred firearms, the proof of transfer form, the declaration of nonpossession form, and any other form, policy, or procedure necessary to effectuate the provisions of this Title.

            Acts 2018, No. 367, §3, eff. Oct. 1, 2018.