Baton Rouge Judgment

Name: Baton Rouge Louisiana Judgment to Set Aside Conviction, Dismiss and Expunge Prosecution
Brand: US Legal Forms
Rating: 4.8 (496 reviews)

Category:

Louisiana Criminal - Expungement

State:

Louisiana

City:

Baton Rouge

Control #:

LA-5296

Format:

Instant download

Description

This is an example of a judgment on a petition to expunge, finding in favor of the defendant. Following a hearing on the matter, the court finds that defendant has met all conditions of probation and that he had no criminal charges pending against him during the probationary period. Therefore the court, with plaintiff’s consent, orders that the conviction be set aside and the prosecution dismissed and expunged, pursuant to La. Code of Criminal Procedures Article 894.

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FAQ

So while Louisiana law does not require you to retain an expungement attorney, the services provided by an attorney will make the process go much more smoothly.

The filing costs of expungements generally range from $550 to over $700, depending on whether a DWI is involved and whether a prior conviction must be converted to an 893/894 acquittal before the expungement can go through.

Article 893 is for felony pleas and 894 is for misdemeanor pleas. The advantage of the 893 / 894 plea is that the conviction may be set aside or dismissed if you follow all the conditions of your sentence.

You are not eligible for expungement if the crime was for attempted or completed: Sex Crimes.Any domestic abuse or domestic violence crime.A crime involving a minor who is under the age of 17. A crime of violence pursuant to Louisiana Revised Statute (B)

Expungement in Louisiana if You Were Convicted of a Crime. Misdemeanor offenses. If you were convicted of a misdemeanor, you may be able to expunge the related record. You can petition for expungement if it has been at least five years since the end of your sentence, deferred adjudication, probation, or parole.

To expunge a misdemeanor conviction, five years must have elapsed since the completion of any sentence, deferred adjudication, or period of probation or parole, and you must not have been convicted of any felony offense during the five-year period, nor have felony charges pending when you apply.

Check with your parish court clerk. File your petition for expungement with the court clerk. Include all the required documents and forms including your criminal record. You must get a copy of your criminal record from the state of Louisiana within 30 days of filing your expungement petition.

What is Article 894? Article 894 is part of the Code of Criminal Procedure, and was revised in 2008. It is one of two articles that allow the court to suspend sentences for misdemeanors for certain offenders, permitting the offense to be expunged from one's record if all the conditions are met.

894. Suspension and deferral of sentence; probation in misdemeanor cases.

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Name of the offense. A felony conviction set aside pursuant to LSA-C.Post-conviction relief, or contest things on your criminal record. Only complete the expungement portion of the packet; not the Motion to Set Aside Conviction and Dismiss Prosecution. ii. Baton Rouge DWI Lawyer Danny Russell Discusses the Expungement Process in Louisiana? Dead Docketing Does Not End the Case. Motion to expunge a record of arrest and conviction of a misdemeanor offense………. LawHelp Interactive is a website that helps you fill out legal documents for free. Baton Rouge, LA 70804 gill.

Baton Rouge Judgment

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Do I need a lawyer to file for an expungement in Louisiana?

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