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NEWS
Louisiana Expungement Law Gets Major Overhaul
Posted on April 1, 2016 by admin • 0 Comments
If
you are new to Louisiana expungement law then you may not recognize
that in 2014 the expungement statute was dramatically changed. First,
La. Revised Statute 44:9 was removed from the Louisiana Revised
Statutes and moved to the Louisiana Code of Criminal Procedure. See La.
Code of Criminal Procedure Articles 971 through 996. While the new
articles provide the multitude of uniform forms required to be filed,
the forms are lengthy to the newcomer. As such, for best results,
persons should contact an experienced criminal defense attorney to file
the expungement – despite the legislative intent to make the process
easier to self-file.
Also
related to the motion for expungement is the motion to set aside a
conviction and dismiss prosecution which must be filed prior to most
expungements where there is a conviction (with some exceptions). The
motion to set aside pursuant to Article 894 (misdemeanors) and Article
893 (felonies) have remain largely unchanged. Look for possible changes
in these articles in the future so that they become more in line with
Articles 971, et. seq. Also, look for minor tweaks in the expungement
articles over the next few legislative sessions. Find the articles on
the Louisiana Legislature’s website:
http://www.legis.la.gov/Legis/Law.aspx?d=919662
Filed Under: Criminal Defense, Expungements / Expungement
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