Louisiana Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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US-02243BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

In the case of a misdemeanor, complete and submit CR-180 California Penal Code section 1203.4a states the requirements of expunging a California misdemeanor, including completing and submitting form CR-180, the Petition for Dismissal. Note that you must submit the petition for expungement in the county of conviction.

*However, regarding crimes of violence, Louisiana courts may order the expungement of a conviction for aggravated battery, second-degree battery, aggravated criminal damage to property, simple robbery, purse snatching, or illegal use of weapons or dangerous instrumentalities, only if they follow the same basic ...

If you want to expunge a conviction, the offense that you were convicted of cannot be any of the following: A violent crime; A sex crime; Distribution of controlled dangerous substances; Misdemeanor domestic abuse battery; Misdemeanor stalking; or. A crime against a minor.

A California expungement of criminal records under Penal Code Section 1203.4 is an option for defendants convicted of either misdemeanors or felonies that have successfully completed probation and not served time in state prison.

What Felonies Cannot Be Expunged in Louisiana? Most sex crimes including rape, sexual battery, any indecent behavior with a juvenile, sexual abuse to an animal, sex trafficking, prostitution, giving someone HIV or AIDS without their knowledge, etc. Kidnapping or aggravated kidnapping.

If you are eligible for an Article 894, please visit the Louisiana Clerks of Court Association website and fill out Form Exp 1, Form Exp 2 and Form Exp 3. After you have filled out the forms you will need to file them at the Clerk of Court's Office in the parish where you were sentenced (Livingston, St.

Simple battery is a battery committed without the consent of the victim. B. Whoever commits a simple battery shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.

Certain felony convictions may be expunged if it has been 10 years since the sentence/probation period ended, and there are no subsequent convictions or pending charges. Convictions for crimes of violence, domestic abuse battery, crimes involving minors and certain drug offences cannot be expunged.

Enacted in September 2022 and fully implemented by July 2023, Senate Bill 731 builds upon the progress made by AB 1076 by extending automatic expungement to misdemeanor, non-violent felonies, and non-sex offenses that did result in incarceration, provided the defendant serve their time and stay out of trouble for a ...

The process of filing for expungement Step 1: Seek legal counsel. ... Step 2: Obtain and complete forms. ... Step 3: File for expungement. ... Step 4: Meet with your attorney to prepare for your hearing. ... Step 5: Your expungement hearing. ... Step 6: If your petition is accepted. ... Step 7: If your petition is denied.

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Louisiana Petition for Expungement of Record in Case of Acquittal and Release without Conviction