Louisiana Motion to Seal Records and Documents

State:
Multi-State
Control #:
US-03331BG
Format:
Word; 
Rich Text
Instant download

Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

Code of Criminal Procedure. CCRP 983 - Costs of expungement of a record; fees; collection; exemptions; disbursements. A. Except as provided for in Articles 894 and 984, the total cost to obtain a court order expunging a record shall not exceed five hundred fifty dollars.

What Is Article 893 in Louisiana? Article 893 allows a felony conviction to be ?set aside and dismissed.? You're required to plead guilty; however, you won't have to serve jail time. Instead, you are placed under the supervision of parole and probation.

The suspended sentence shall be regarded as a sentence for the purpose of granting or denying a new trial or appeal. C. If the sentence consists of both a fine and imprisonment, the court may impose the fine and suspend the sentence or place the defendant on probation as to the imprisonment.

You can apply for expungement of a conviction only after you have completed your sentence. You must wait several years from whatever date is the most recent such as the date of conviction, completion of sentence, or completion of probation or parole. If your conviction is for a misdemeanor, you must wait five years.

Sealing and expunging criminal records in Louisiana mean two different things. While sealing a record refers to restricting access to only eligible persons, these records still have legal and administrative value. Expungement refers to the complete deletion of criminal records from the legal system.

What Is Article 893 in Louisiana? Article 893 allows a felony conviction to be ?set aside and dismissed.? You're required to plead guilty; however, you won't have to serve jail time. Instead, you are placed under the supervision of parole and probation.

What is an Article 894? In the Louisiana Code of Criminal Procedure, Article 894 allows for a misdemeanor conviction to be set aside and dismissed after successful completion of probation.

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Louisiana Motion to Seal Records and Documents