NEW EXPUNGMENT LAWS ACT 145 – EFFECTIVE 8/14/2014
The new expungement law will be effective August 1, 2014 under Act 145 of 2014. This law repealed R.S. 44:9 and created Code of Criminal Procedure Articles 971-995.
EXPUNGEMENT FEES AND PROCEDURES
ALL REQUIRED FORMS ARE AVAILABLE IN PDF FORMAT ON OUR WEBSITE: THE CLERK OF COURT IS PROHIBITED FROM GIVING LEGAL ADVICE AND CANNOT ASSIST IN PREPARATION OF ANY EXPUNGEMENT FILING.
ALL FEES ARE NON-REFUNDABLE, EVEN IF THE EXPUNGEMENT IS DENIED. (La.C.Cr.P.Art.983)
FEES REQUIRED AT THE TIME OF FILING:
- $200 – Cash, Money Order, made payable to the Washington Parish Clerk Of Court
- $50 – Money Order, made payable to the Washington Parish District Attorney
- $50 – Money Order, made payable to the Washington Parish Sheriff's Office
- $250 – Money Order or Cashier's Check, payable to The Bureau of Criminal Identification and Information/Louisiana State Police
- DWI Convictions Only-$50 – Money Order payable to the Department of Public Safety and Corrections/Office of Motor Vehicles (pursuant to La. C.Cr.P Art. 984)
INCLUDE DOCKET NUMBER(S) ON ALL MONEY ORDERS
Forms Required at the Time of Expungement Filing:
1. ARREST/SUMMONS THAT DID NOT RESULT IN CONVICTION; PREPARE FORMS EXP. 5(L),7(L),8(L)
A Time expired for prosecution;
B Not prosecuted for any offense arising out of charge;
C Pre-trial diversion program;
D DWI pre-trial diversion program and 5 years have elapsed since the date of arrest;
E Charges dismissed;
F Found not guilty or judgment of acquittal;
2. MISDEMEANOR CONVICTION; PREPARE FORMS EXP. 1(L),3(L),5(L),8(L
A Conviction was set aside and dismissed pursuant to C.Cr.P. Art. 894(B) or
B More than 5 years have passes since completion of sentence.
3. FELONY CONVICTIONS; PREPARE FORMS EXP. 1(L),3(L),5(L), 8(L)
A Conviction was set aside and dismissed pursuant to C.Cr.P. Art. 893(E) or
B More than 10 years have passed since completion of sentence.
* A Criminal background check may be obtained through the Washington Parish Sheriff’s Office, arresting agency or the Louisiana Bureau of Criminal Identification and Information (225) 925-6095 or www.lsp.org.
* Only one individual may be included in a Motion for Expungement.
* Only one expungement can be filed per arrest/summons. Be sure you include all charges from arrest/summons.
* The District Attorney’s Office will provide the Affidavit of Response and Rule to Show Cause if Required.
* Certification of Fee Waiver must be obtained from the D.A and presented with the Motion of Expungement if the defendant is eligible pursuant to C.Cr.P. Art. 983(F).
PLEASE CONSULT WITH AN ATTORNEY IF YOU ARE UNSURE OF THE FILING PROCEDURES.
Expungement Forms Index
Expungement Forms CCrP 893 & 894
Resource information may be obtained through; www.legis.la.gov