Louisiana Motion and Order to Expunge Arrest Record
Understanding this form
The Motion and Order to Expunge Arrest Record is a legal document that requests the expungement of an arrest record when the charges against a defendant have been dismissed. This form is significant for individuals looking to clear their criminal history, which may hinder their ability to engage in personal and professional opportunities. It differs from other legal documents by specifically addressing the removal of arrest records rather than convictions.
What’s included in this form
- The name and address of the defendant.
- The date of the arrest and the specific charge.
- Details of the dismissal of charges by the District Attorney.
- A request for expungement as per LSA R.S. 44:9.
- The court date for the motion to be heard.
- A section for the judge's order regarding the expungement.
When to use this form
This form should be used when an individual has been arrested but not convicted of a crime, and the charges against them have been dismissed. It is particularly useful for those who are facing barriers in employment or personal activities due to their arrest record. Utilizing this form helps in formally requesting the removal of that record from public databases.
Who should use this form
- Individuals arrested for a crime in Louisiana that did not result in a conviction.
- Defendants whose charges were dismissed and seek to clear their arrest record.
- Those aiming to improve their job prospects or personal opportunities affected by the arrest record.
Steps to complete this form
- Fill out the defendant's personal information at the beginning of the document.
- State the date of the arrest and the specific charge that was filed.
- Indicate the date when the charges were dismissed by the District Attorney.
- Complete the request for expungement, specifying how the arrest record affects personal life.
- Sign and date the form as required, and note the attorney's details if applicable.
Notarization guidance
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to include accurate details about the arrest or dismissal of charges.
- Not submitting the form to the correct jurisdiction or court.
- Leaving out necessary signatures or attorney details.
Advantages of online completion
- Convenience of accessing and downloading the form at any time.
- Editability allows users to customize the document as required.
- Reliability of using a form drafted by licensed attorneys.
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FAQ
In Louisiana, certain crimes cannot be expunged, even with a Louisiana Motion and Order to Expunge Arrest Record. Serious offenses such as murder, sexual offenses, and crimes against minors typically remain on your record. Additionally, any felony conviction that involved a crime of violence or a conviction for a crime that is not eligible for expungement cannot be removed. Understanding these limitations is crucial, and for guidance, consider using the resources available at UsLegalForms to navigate the expungement process.
Check with your parish court clerk. File your petition for expungement with the court clerk. Include all the required documents and forms including your criminal record. You must get a copy of your criminal record from the state of Louisiana within 30 days of filing your expungement petition.
Any law enforcement agency. Criminal justice agencies. Louisiana State Board of Medical Examiners. Louisiana State Board of Nursing. Louisiana State Board of Dentistry. Louisiana State Board of Examiners of Psychologists. Louisiana State Board of Social Work Examiners.
How long does the process take? In all, it usually takes three to four months to have something expunged from your record. Once you file for an expungement, it takes 60 days for all the relevant agencies to respond to your request.
Under Louisiana's law, the only felonies that cannot be expunged are those for violent offenses, sex offenses, crimes against minors, and drug trafficking offenses (mere possession with intent to distribute is eligible for expungement).
$250 will go to the Louisiana Bureau of Criminal Identification and Information. $50 will go to the arresting agency. $50 will go to the district attorney where the arrest took place. $200 will go to the Clerk of Court who shall collect all the fees.
Online expungement is only available through Maryland expungement.com and not offered by a State or government website. This legal expungement service is particularly convenient for individuals who don't want to have to travel to the courthouse, obtain all the paperwork, drive home.
Always begin the letter with a formal greeting, such as "Dear Judge...", before composing the rest of the letter. Then, write the first paragraph of your letter by explaining why you are writing, what charge you wish to have expunged, and a short description of why you feel it should be expunged.
$250 to the Louisiana State Police, Bureau of Criminal Identification and Information; $200 to the clerk of court; $50 to the parish district attorney's office; and. $50 to the parish sheriff's office.
Check with your parish court clerk. File your petition for expungement with the court clerk. Include all the required documents and forms including your criminal record. You must get a copy of your criminal record from the state of Louisiana within 30 days of filing your expungement petition.
