Louisiana Order to Expunge Arrest Record

State:
Louisiana
Control #:
LA-5427
Format:
Word; 
Rich Text
Instant download

What this document covers

The Order to Expunge Arrest Record is a legal document issued by a court that allows for the removal of an individual's arrest record from public view. This form specifically states that the court has found in favor of the defendant, leading to the expungement of their arrest record, as per Louisiana law. It is crucial to distinguish this from other legal documents related to criminal records, such as sealing records or obtaining a Certificate of Good Conduct.

Form components explained

  • Identification of the court, parish, and docket number.
  • Details of the defendant including name and date of birth.
  • Statement affirming that the court finds the evidence in favor of the defendant.
  • Order for law enforcement agencies to expunge the arrest record.
  • Requirement for the defendant to pay all court costs.
  • Signature line for the District Judge.

Situations where this form applies

This form is used when a court has determined that an arrest record should be cleared due to favorable findings for the defendant. It is applicable in situations where the defendant has completed their sentence or when charges were dropped, and they wish to eliminate any negative impacts of a prior arrest on their personal or professional life.

Who can use this document

The following individuals should consider using this form:

  • Individuals who have been arrested but not convicted of a crime.
  • Defendants whose arrest records are negatively impacting their employment or housing opportunities.
  • Anyone seeking to restore their reputation after favorable court findings regarding their arrest.

Completing this form step by step

  • Fill in the details of the parish and court information at the top of the form.
  • Enter the docket number assigned to your case.
  • Complete the defendant's full name and date of birth.
  • Ensure all sections affirming the court's decision are clearly stated.
  • Sign the document in the presence of the District Judge.

Does this document require notarization?

This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.

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Avoid these common issues

  • Failing to provide accurate or complete personal information.
  • Not including the docket number, which may delay processing.
  • Disregarding the court's specific requirements or instructions.

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  • Easy to fill out and edit, allowing for accuracy in details.
  • Reliable templates drafted by licensed attorneys, ensuring legal compliance.

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FAQ

Unfortunately, Louisiana does not allow expungements for DUI convictions. The conviction will stay on your record and affect your insurance rates. The conviction will also be used against you to increase penalties such as jail time and fines should you be arrested for another crime.

1. How long will an arrest or conviction stay on my Louisiana criminal record or rap sheet? ANSWER: It will stay on your record forever unless it has been expunged.

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)NEW EXPUNGEMENT LAWS IN LOUISIANA 2020 Crescent City Law\ncrescentcitylawfirm.com > Expungements

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.

Article 894 is part of the Code of Criminal Procedure, and was revised in 2008. It is one of two articles that allow the court to suspend sentences for misdemeanors for certain offenders, permitting the offense to be expunged from one's record if all the conditions are met.

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.

ANSWER: It usually takes three to four months, from beginning to end, to have a matter expunged from your Louisiana criminal history.

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.

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Louisiana Order to Expunge Arrest Record