Louisiana Motion and Order to Expunge Arrest Record
Definition and meaning
The Louisiana Motion and Order to Expunge Arrest Record is a legal request submitted to the court to clear an arrest record from public view. This form is used when a person has been arrested but later had their charges dismissed. The expungement process helps individuals move forward by eliminating barriers caused by a criminal record.
How to complete a form
To properly fill out the Louisiana Motion and Order to Expunge Arrest Record, follow these steps:
- Provide your full name as the defendant.
- Indicate the date of your arrest and the charges that were filed.
- Attach documentation proving that the charges were dismissed.
- Specify the law under which you are requesting the expungement, namely LSA R.S. 44:9.
- File the motion with the appropriate court and serve the relevant parties.
Who should use this form
This form is intended for individuals in Louisiana who have been arrested but not convicted. If you have experienced a dismissal of your charges, you are eligible to file this motion to expunge your arrest record and remove barriers that may hinder personal or professional opportunities.
Legal use and context
The Louisiana Motion and Order to Expunge Arrest Record serves as a formal request to erase arrest records from public access. This legal process is governed by the state laws under LSA R.S. 44:9, which outlines the procedure and eligibility for expungement. It is typically filed in a judicial district court within the parish where the arrest occurred.
Key components of the form
The form includes several critical sections:
- Defendant Information: Full legal name and other identifying details.
- Arrest Details: Date of arrest and allegations made.
- Docket Number: Official court reference number.
- Request for Expungement: A legal statement requesting the court to grant the expungement.
State-specific requirements
In Louisiana, specific criteria must be met to successfully file the Motion and Order to Expunge Arrest Record. You must provide proof of the dismissal of charges, complete the form accurately, and submit it to the appropriate district court. Additionally, all filing fees must be paid, and the form must be served to relevant law enforcement agencies.
Benefits of using this form online
Utilizing an online service to complete the Louisiana Motion and Order to Expunge Arrest Record offers several advantages:
- Convenience: Complete the form from anywhere, at any time.
- Accuracy: Online forms often include guidance to ensure correct completion.
- Access to Legal Assistance: Some services provide options to consult with licensed attorneys for additional support.
Form popularity
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.