Louisiana Order to Expunge Arrest Record

State:
Louisiana
Control #:
LA-5427
Format:
Word; 
Rich Text
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What is this form?

The Order to Expunge Arrest Record is a legal document that directs law enforcement agencies to remove an individual's arrest record from their public files. This form is issued by a court after finding in favor of the defendant, ensuring that their arrest doesn't hinder future opportunities. Unlike other legal forms associated with arrest records, this document focuses specifically on expungement, which clears the record entirely.

Main sections of this form

  • Defendant's name and personal information, including date of birth and Social Security number.
  • Judicial acknowledgment of the evidence presented at the court hearing.
  • Order for all law enforcement agencies to expunge the arrest record.
  • Specification that the defendant is responsible for all court costs.
  • Signature line for the district judge.

When this form is needed

This form is used when a court finds that a defendant's arrest was unjustified or when the defendant has fulfilled the necessary legal requirements for expungement. It is appropriate to file this form if you have completed your sentence, including any probation or parole, and seek to clear your record to facilitate better employment and housing opportunities.

Who can use this document

  • Individuals who have been arrested but not convicted of a crime.
  • Defendants whose charges were dismissed or result in a not guilty verdict.
  • People who have served their time and wish to eliminate previous arrest records.

How to complete this form

  • Fill out the defendant's name, date of birth, and Social Security number accurately.
  • Provide case details, including the docket number and the parish of the court.
  • Review the judge's findings regarding the expungement.
  • Sign and date the form, ensuring the district judge has space to sign as well.

Does this document require notarization?

Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.

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We protect your documents and personal data by following strict security and privacy standards.

Common mistakes to avoid

  • Failing to include all required personal information of the defendant.
  • Not providing accurate case details, such as the docket number.
  • Overlooking the requirement to pay court costs before submitting the form.
  • Not obtaining the necessary signatures from the district judge.

Benefits of completing this form online

  • Convenience of downloading and filling the form at your own pace.
  • Immediate access to legally validated templates crafted by licensed attorneys.
  • Easy editing of fields to customize the form for your specific situation.

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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