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  1. #1
    Join Date
    Oct 2008
    Posts
    1

    Default Expungement for A Dismissed Felony Case in Louisiana

    My question involves expungements or pardons for the state of:
    Louisiana

    Person was arrested served 6 months,bailed out,went to all court appointments for 1 year, final court date charges were dismissed ,can records be expunged ,first time offender 19 at the time arrested.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,092

    Default Re: Expungement for Felony Case Dismissed Louisiana

    Louisiana's expungement law provides in part,
    Quote Quoting Louisiana Revised Statutes, 44:9
    B.(1) Any person who has been arrested for the violation of a felony offense or who has been arrested for a violation of R.S. 14:34.2, R.S. 14:34.3, or R.S. 14:37 may make a written motion to the district court for the parish in which he was arrested for the expungement of the arrest record if:
    (a) The district attorney declines to prosecute, or the prosecution has been instituted, and such proceedings have been finally disposed of by acquittal, dismissal, or sustaining a motion to quash; and

    (b) The record of arrest and prosecution for the offense is without substantial probative value as a prior act for any subsequent prosecution.
    (2) If, after a contradictory hearing with the district attorney and the arresting law enforcement agency, the court finds that the mover is entitled to the relief sought for the above reasons, it shall order all law enforcement agencies to expunge the record of the same in accordance herewith. However, nothing in this Paragraph shall limit or impede the authority under law to consider prior arrests or convictions in pursuing prosecution under multiple offender provisions or impede the investigation of any law enforcement official seeking to ascertain or confirm the qualifications of any person for any privilege or license authorized by law.
    That's a rather limited statute. As for applying for a pardon, there are downloadable documents and forms on the Board of Pardons website.

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