Louisiana Motion and Order for Expungement
Definition and meaning
The Louisiana Motion and Order for Expungement is a legal document used in the state of Louisiana to request the removal of criminal records from public view. This process allows individuals who have been arrested but not convicted, or who have had their charges dismissed, to clear their criminal records. Expungement is essential for many who seek to improve their employment opportunities, housing options, and overall quality of life by erasing past legal issues.
How to complete a form
Filling out the Louisiana Motion and Order for Expungement requires careful attention to detail. Users must provide accurate information, including:
- Full name and contact information
- Details of the arrest, including date and nature of the charge
- Specific statutes under which the expungement is sought
It's crucial to ensure that all information is correctly entered to prevent delays in processing.
Who should use this form
The Louisiana Motion and Order for Expungement is suitable for individuals who have:
- Been arrested but not convicted
- Had their charges dismissed
- Completed a court-ordered program related to the arrest
This form is designed for anyone looking to have their criminal records expunged and is typically used in conjunction with legal guidance.
Legal use and context
In Louisiana, the expungement process is governed by state law, particularly Louisiana Revised Statute 44:9. Individuals may file a motion with the court to have their arrest records cleared. Proper filing and adherence to the legal requirements are essential for a successful expungement.
Understanding the context of how this form fits within the broader legal framework is critical for users to ensure they follow the necessary steps and meet all criteria.
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FAQ
In Louisiana, certain serious crimes cannot be expunged. Crimes like sexual offenses, homicide, and certain violent felonies remain on your record permanently. If you seek to file a Louisiana Motion and Order for Expungement, it is essential to understand these restrictions. The process can be complex, so utilizing resources, like USLegalForms, can help you navigate the requirements effectively.
Expect to pay $100 to $600 in document processing and filing fees. If you feel you may have trouble coming up with the money to pay those fees, some states do offer free expungement services to indigent clients.
$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.
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.
Expungement in Louisiana if You Were Convicted of a Crime. Misdemeanor offenses. If you were convicted of a misdemeanor, you may be able to expunge the related record. You can petition for expungement if it has been at least five years since the end of your sentence, deferred adjudication, probation, or parole.
Sex Crimes. Any domestic abuse or domestic violence crime. A crime involving a minor who is under the age of 17. A crime of violence pursuant to Louisiana Revised Statute 14:2(B)
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.
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.
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.