CCRP 992 - Order of expungement form to be used

LA Code Crim Pro 992 (2018) (N/A)

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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 No(s). ___, , , , ________ for 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 R.S. 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 R.S. 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.

□ Mover has not been employed for ten consecutive years as required by C.Cr.P. Art. 978(E)(1)(d).

□ Mover was not convicted of a crime that would be eligible for expungement as required by C.Cr.P. Art. 978(E)(1).

□ Mover has criminal charges pending against him.

□ Mover was convicted of a criminal offense during the ten-year period.

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

□THE MOTION IS HEREBY GRANTED for No(s). ____________ 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 No(s). ____________ 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)