TITLE XXXIV. EXPUNGEMENT OF RECORDS Art. 971. Legislative findings The legislature hereby finds and declares the following: (1) Louisiana law provides for the expungement of certain arrest and conviction records under limited circumstances. Obtaining an expungement of these records allows for the removal of a record from public access but does not result in the […]
Art. 972. Definitions As used in this Title: (1) “Expunge a record” means to remove a record of arrest or conviction, photographs, fingerprints, disposition, or any other information of any kind from public access pursuant to the provisions of this Title. “Expunge a record” does not mean destruction of the record. (2) “Expungement by redaction” […]
Art. 973. Effect of expunged record of arrest or conviction A. An expunged record of arrest or conviction shall be confidential and no longer considered to be a public record and shall not be made available to any person or other entity except for the following: (1) To a member of a law enforcement or […]
Art. 974. Dissemination of expunged records by third parties; court order A. A private third-party entity, excluding a news-gathering organization, that compiles and disseminates criminal history information for compensation shall not disseminate any information in its possession regarding an arrest, conviction, or other disposition after it has received notice of an issuance of a court […]
Art. 975. Individuals incarcerated; ineligible to file motion to expunge records A person in the physical custody of the Department of Public Safety and Corrections serving a sentence at hard labor shall not be permitted to file a motion to expunge a record of an arrest which did not result in a conviction or to […]
Art. 976. Motion to expunge record of arrest that did not result in a conviction A. A person may file a motion to expunge a record of his arrest for a felony or misdemeanor offense that did not result in a conviction if any of the following apply: (1) The person was not prosecuted for […]
Art. 977. Motion to expunge a record of arrest and conviction of a misdemeanor offense A. A person may file a motion to expunge his record of arrest and conviction of a misdemeanor offense if either of the following apply: (1) The conviction was set aside and the prosecution was dismissed pursuant to Article 894(B) […]
Art. 978. Motion to expunge record of arrest and conviction of a felony offense A. Except as provided in Paragraph B of this Article, a person may file a motion to expunge his record of arrest and conviction of a felony offense if any of the following apply: (1) The conviction was set aside and […]
Art. 979. Service of motion to expunge a record A. The clerk of court shall serve notice of the motion of expungement by United States mail or electronically upon the following entities: (1) The district attorney of the parish of conviction. (2) The Louisiana Bureau of Criminal Identification and Information. (3) The arresting law enforcement […]
Art. 980. Contradictory hearing A. Any entity named in Article 979 of this Code that receives notice of the motion may object to the granting of a motion to expunge a record. B.(1) Except as provided in Subparagraph (2) of this Paragraph, an objecting party shall file an affidavit of response with reasons for the […]
Art. 981. Judgment granting motion to expunge a record of arrest or conviction; execution A judgment ordering expungement of a record of arrest or of conviction of a misdemeanor or felony offense shall be served as provided for in Article 982 of this Code. The judgment shall not affect any persons or other entities set […]
Art. 982. Service of order and judgment of expungement The clerk of court shall serve the order and judgment of expungement of a record by United States mail or electronically upon all of the following entities: (1) The district attorney of the parish of conviction. (2) The Louisiana Bureau of Criminal Identification and Information. (3) […]
Art. 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. Payment may be made by United States postal money orders or money orders issued by […]
Art. 984. Additional requirements for the expungement of records involving the operation of a vehicle while intoxicated; additional fee A. A person convicted of operating a vehicle while intoxicated shall be required to supplement the motions required in this Title with proof in the form of a certified letter from the Department of Public Safety […]
Art. 985. Expungement by redaction of records with references to multiple individuals A. If a record includes the name of more than one individual and one or more of the individuals is entitled to an expungement of an arrest or conviction pursuant to the provisions of this Title, any individual entitled to an expungement may […]
Art. 985.1. Interim motion to expunge a felony arrest from criminal history in certain cases resulting in a misdemeanor conviction A. A person may file an interim motion to expunge a felony arrest from his criminal history when that original arrest results in a conviction for a misdemeanor. In such cases, only the original felony […]
Art. 986. Forms for the expungement of records A. Only the forms provided for in Articles 987, 988, 989, 990, 991, 992, 993, 994, and 995 of this Code shall be used for filing motions to expunge a record of an arrest which did not result in a conviction, for the expungement of a record […]
Art. 987. Motion to set aside conviction and dismiss prosecution; rule to show cause; order of dismissal forms to be used " STATE OF LOUISIANA JUDICIAL DISTRICT FOR THE PARISH OF ______________________________ No.: _____________ Division: "_______" State of Louisiana vs. _______________________________________________________ MOTION TO SET ASIDE CONVICTION AND DISMISS PROSECUTION NOW INTO HONORABLE COURT, comes * […]
Art. 988. Motion for fee exemption form to be used ” STATE OF LOUISIANA JUDICIAL DISTRICT FOR THE PARISH OF ______________________________ No.: ______________Division: “_______” State of Louisiana vs. _______________________________________________________ CERTIFICATION OF FEE WAIVER To be completed by defendant and submitted to the District Attorney’s Office prior to filing. Append completed form to Motion of Expungement […]
Art. 989. Motion for expungement forms to be used STATE OF LOUISIANA JUDICIAL DISTRICT FOR THE PARISH OF ______________________________ No.: _____________Division: “_______” State of Louisiana vs. _______________________________________________________ MOTION FOR EXPUNGEMENT NOW INTO COURT comes mover, who provides the court with the following information in connection with this request: I.DEFENDANT INFORMATION NAME: ___________________________________________________________ (Last, First, MI) […]
