Louisiana Rule to Show Cause for expungement
About this form
The Rule to Show Cause for expungement is a legal motion filed by a plaintiff to request the expungement of an arrest record. This motion highlights that the arrest did not result in an indictment or prosecution, thereby allowing the plaintiff to pursue this request under LSA R.S. 44:9. This form differs from other expungement requests by specifically addressing the lack of charges and provides a structured way to petition the court for clearing the record.
What’s included in this form
- Identification of the parties involved, including the plaintiff, District Attorney, and Sheriff.
- A statement detailing the plaintiff's arrest and the circumstances surrounding it.
- References to the Grand Juryâs decision and the District Attorney's inaction.
- A legal request for the expungement of the arrest record based on Louisiana law.
- An order for the defendants to show cause in court regarding the expungement request.
- An affidavit confirming the truthfulness of the motion's content by the plaintiff.
When this form is needed
This form is necessary when an individual wants to clear their arrest record because the charges were never pursued. It is typically used in situations where the plaintiff has been arrested but did not face prosecution or indictment, and they need to remove the arrest record to advance in personal and professional endeavors.
Who can use this document
- Individuals who have been arrested but not prosecuted.
- Those seeking to expunge an arrest record due to its negative impact on their life.
- Plaintiffs wanting to restore their reputation and access opportunities hindered by their criminal record.
How to prepare this document
- Identify the parties involved by filling in the plaintiff and defendants' names and titles.
- Provide the details of the arrest, including the date and nature of the charge.
- Attach a certified copy of the Grand Juryâs decision indicating no indictment.
- Clearly state the legal basis for the request, citing LSA R.S. 44:9 as justification.
- Fill out the order for the defendants to show cause and include a date for the hearing.
- Sign the affidavit to confirm that all information provided is accurate to the best of your knowledge.
Is notarization required?
This form must be notarized to be legally valid. Having it notarized confirms the authenticity of the signature, ensuring the document is enforceable in court. US Legal Forms provides integrated online notarization services, making it convenient and secure to obtain notarization from the comfort of your own home.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to provide all required attachments (e.g., certified court minutes).
- Inaccurate or incomplete information in the affidavit.
- Not properly identifying all parties involved in the motion.
- Missing the deadline for filing the motion or attending the hearing.
Advantages of online completion
- Accessibility to a legally sound template drafted by professionals.
- Convenient download and completion at your own pace.
- Editable format to tailor the form to your specific situation.
- Guidance throughout the process to ensure compliance with legal standards.
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FAQ
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)
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.
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.
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.
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.
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.
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).
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.
$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.
