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Q: Expungement in Louisiana ( Answered,   0 Comments )
Question  
Subject: Expungement in Louisiana
Category: Miscellaneous
Asked by: elgoog001-ga
List Price: $5.00
Posted: 12 Dec 2005 14:37 PST
Expires: 11 Jan 2006 14:37 PST
Question ID: 604976
I?m trying to expunge my record for an arrest that occurred 3 years
ago in New Orleans and which I was acquitted. I rather not go through
a lawyer if I can file it on my own.  I'm trying to find the forms
that can allow me to complete this process.

Request for Question Clarification by weisstho-ga on 12 Dec 2005 18:25 PST
Just to make sure: You were arrested, pled either "not guilty" or
"stand mute," were tried and were acquitted, i.e. found "not guilty."

And you want the "arrest" expunged?

There may be an exception in Louisiana, but typically an expungement
is only available to have a record washed clean of a conviction,
whether the conviction arises from a "guilty" plea or a finding of
guilt by a jury or judge.

In any case, could you provide a bit more background?

Thanks.  Weisstho-ga
Answer  
Subject: Re: Expungement in Louisiana
Answered By: cynthia-ga on 12 Dec 2005 21:27 PST
 
I found a couple sites that give information as far as what offenses
are allowed to be expunged by Louisiana law. Read the rest of the page
below:

Expungements in Louisiana
http://www.smith-john.com/expungements.htm
..."In Louisiana, the procedure commonly referred to as expungement is
governed by LSA-R.S. 44:9. This statute governs expungements of
violations of municipal and parish ordinances, misdemeanors, and
felonies. The procedure and remedy allowed are determined by the type
of violation or crime and the nature of the acquittal, i.e., an
acquittal obtained pursuant to Article 893 or 894 of the Code of
Criminal Procedure..."

Then, if your offense is allowed to be expunged, you can modify this
form below (for the correct parish) to start the process:

MOTION OF JUDGMENT OF ACQUITTAL AND FOR EXPUNGEMENT 
http://www.calclerkofcourt.com/893%20ACQUITTAL%20EXPUNGEMENT.doc

Good luck to you.  If I can be of further assistance, please ask for a
clarification.


~~Cynthia


Search terms used at Google:
Expungement in Louisiana

Clarification of Answer by cynthia-ga on 12 Dec 2005 21:29 PST
Sorry, I forgot. If you read the form (second link), you ARE able to
expunge an arrest and trial record for an offense in which you were
acquitted.

~~Cynthia
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