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.
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.
The following individuals should consider using this form:
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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.