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      CCRP 992     

  

Art. 992. Order of expungement form to be used

 

            "                                    STATE OF LOUISIANA

JUDICIAL DISTRICT FOR THE PARISH OF

______________________________

            No.: ____________                                                                Division: "_______"

State of Louisiana

vs.

_______________________________________________________

ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD

Considering the Motion for Expungement

                      The hearing conducted and evidence adduced herein, OR

                      Affidavits of No Opposition filed,

            IT IS ORDERED, ADJUDGED AND DECREED

                      THE MOTION IS DENIED for Item(s) No.___, , , , ________ the following reasons (check all that apply):

                                  More than five years have not elapsed since Mover completed the misdemeanor conviction sentence.

                      More than ten years have not elapsed since Mover completed the felony conviction sentence.

                                  Mover was convicted of one of the following ineligible felony offenses:

                                              A violation of the Uniform Controlled Dangerous Substances Law which is ineligible to be expunged.

                                              An offense currently listed as a sex offense that requires registration pursuant to La. Rev. Stat. Ann. 15:540 et seq., at the time the Motion was filed, regardless of whether the duty to register was ever imposed.

                                              An offense defined or enumerated as a "crime of violence" pursuant to La. Rev. Stat. Ann. 14:2(B) at the time the Motion was filed.

                                  The arrest and conviction being sought to have expunged is for operating a motor vehicle while intoxicated and a copy of the proof from the Department of Public Safety and Corrections, office of motor vehicles, is not attached as required by C.Cr.P. Art. 984(A).

                                  Mover has had another record of misdemeanor conviction expunged during the previous five-year period.

                                  The record of arrest and conviction which Mover seeks to have expunged is for operating a motor vehicle while intoxicated and Mover has had another record of arrest and misdemeanor conviction expunged during the previous ten-year period.

                                  Mover has had another record of felony conviction expunged during the previous fifteen-year period.

                                  Mover was convicted of a misdemeanor which arose from circumstances involving a sex offense as defined in R.S. 15:541.

                                  Mover was convicted of misdemeanor offense of domestic abuse battery which was not dismissed pursuant to C.Cr.P. Art. 894(B).

                                  Mover did not complete pretrial diversion.

                                  The charges against the mover were not dismissed or refused.

                                  Mover's felony conviction was not set aside and dismissed pursuant to C.Cr.P. Art. 893(E).

                                  Mover's felony conviction was not set aside and dismissed pursuant to C.Cr.P. Art. 894(B).

                                  Mover completed a DWI pretrial diversion program, but five years have not elapsed since the mover's date of arrest.

                                  Mover's conviction for felony carnal knowledge of a juvenile is not defined as misdemeanor carnal knowledge of a juvenile had the mover been convicted on or after August 15, 2001.

                                  Denial for any other reason provided by law with attached reasons for denial.

 

                      THE MOTION IS HEREBY GRANTED for Item(s) No. ____________ and all agencies are ordered to expunge the record of arrest/conviction and any photographs, fingerprints, or any other such information of any kind maintained in connection with the Arrest(s)/Conviction(s) in the above-captioned matter, which record shall be confidential and no longer considered a public record, nor be available to other persons except a prosecutor, member of a law enforcement agency, or a judge who may request such information in writing certifying that such request is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose of any other statutorily defined law enforcement or administrative duties, or for the purpose of the requirements of sex offender registration and notification pursuant to the provisions of R.S. 15:541 et seq. or upon an order of this Court to any other person for good cause shown, or as otherwise authorized by law.

                      THE MOTION IS HEREBY GRANTED FOR EXPUNGEMENT BY REDACTION If the record includes more than one individual and the mover is entitled to expungement by redaction pursuant to Code of Criminal Procedure Article 985, for Item(s) No. ____________ and all agencies are ordered to expunge the record of arrest/conviction and any photographs, fingerprints, or any other such information of any kind maintained in relation to the Arrest(s)/Conviction(s) in the above-captioned matter as they relate to the mover only. The record shall be confidential and no longer considered a public record, nor be available to other persons except a prosecutor, member of a law enforcement agency, or a judge who may request such information in writing certifying that such request is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose of any other statutorily defined law enforcement or administrative duties, or for the purpose of the requirements of sex offender registration and notification pursuant to the provisions of R.S. 15:541 et seq. or upon an order of this Court to any other person for good cause shown, or as otherwise authorized by law.

            NAME: _______________________________________________________

                                                (Last,              First,               MI)


            DOB:  ______/_____/______ (MM/DD/YY)


            GENDER:      _____ Female _____Male


            SSN (last 4 digits):     XXX-XX-_________


            RACE: _________________


            DRIVER LIC.# _________________


            ARRESTING AGENCY: ______________________________________


            SID# (if available):     _________________


            ARREST NUMBER (ATN): _________________


            AGENCY ITEM NUMBER: _________________


            ARREST DATE: ______/_____/______ (MM/DD/YY)


            THUS ORDERED AND SIGNED this _____ day of _______________, 20____

 

at ________________________, Louisiana.



___________________________________

JUDGE

 

PLEASE SERVE:

 

            1.         District Attorney: ______________________________________________

 

            2.         Arresting Agency: _____________________________________________

 

            3.         Parish Sheriff:________________________________________________

 

            4.         Louisiana Bureau of Criminal Identification and Information___________

 

            5.         Attorney for Defendant (or defendant)_____________________________

 

            6.         Clerk of Court ____________________________"


            Acts 2014, No. 145, §1; Acts 2015, No. 200, §1.



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