Unfortunately, there is no uniformity and transparency in the process. Obtaining an expungement can help to reduce the effect of collateral consequences. An expunged record is confidential, but remains available for use by law enforcement agencies, criminal justice agencies, and other state agencies as stated under Louisiana law.
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The app is free and will review the potential in having your record expunged. An arrest for simple drug possession when under 21 years old may be expunged. Other arrests on Federal charges are not possible to expunge, unless the case ended with an acquittal or exoneration. There are two kinds of pardons both of which restore certain rights.
An automatic pardon is given to first time offenders in Louisiana some crimes are excluded from eligibility. An automatic first offender pardon does not prevent the State from using your record against you in the future, nor does it seal the record from public view. A full governor's pardon, however, prevents your records from being used against you at a later time for subsequent convictions and returns the accused to the state he was in prior to arrest.
Applications may be filed immediately following an acquittal or successful motion to quash. If the time limit for prosecution has run out and the District Attorney dismissed or refused prosecution, then an application for expungement may be possible. Generally, the DA has a specific amount of time after the date of the offense within which he must institute charges.
They are as follows:. An expungement requires the Court's approval. There are uniform forms that all courts must use. It is important to check your criminal history record to make sure you have the right date. For example, you may think you were arrested late at night but you were really arrested the next morning. Print the name of the law enforcement agency that arrested you.
Do not name the individual officer that arrested you. Print the name of the city, county and state where you were arrested. Print your address at the time of this arrest. This may be different from your current address. This number can be found on your copy of your criminal history record. For each offense charged or not filed , print the name of the offense and the following information: A.
Print the cause number that was originally assigned to this charge. Go to the next step, b. Check the box indicating the Court in which the charge was originally filed. List the exact number or name of the court. Note : It is possible that the official charges related to your arrest started in one court and were assigned a cause number, but later transferred to another court and were assigned a different cause number.
If so, you need to list the information about all courts and cause numbers that were assigned to your case. See step e. Print the date that offense allegedly occurred. Print the number of years for the statute of limitation that applies to the offense.
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D-1 If you are filling out the Petition for Expunction of Criminal Records Charges not Filed form , the statute of limitation for this offense must have passed before you file the Petition. By filling out this form, you are confirming that the statute of limitation has passed stop here for the first offense and continue filling out the information requested for up to four offenses related to arrest 1.
If the charge was dismissed by the same court, check box e 1 and skip to f. Attach a copy of the order of dismissal to the Petition. Complete an Additional Arrest Exhibit Charges Quashed or Dismissed for each additional arrest with charges that were quashed or dismissed. Attach the Exhibit to your Petition form. Complete an Additional Arrest Exhibit Charges not Filed for each additional arrest with charges not filed. Agencies with Records of My Arrest 1 You MUST list the law enforcement agencies involved in each arrest including any additional arrests you have listed in Additional Arrest Exhibits and any other official or agency that may have a record or file of your arrest or arrests.
Any Jail where I was Taken List all jails where you were taken in the space provided. Court in which the Complaint was Filed If a complaint was filed in your case, list the court in which it was filed. Jail Release If you were released on a personal or cash deposit bond, or if you were interviewed for a personal bond, you may want to include the pretrial services office, if any, involved in this process. Successful Completion of Pretrial Diversion If you completed a Travis County pretrial diversion program, select the box.
Counseling and Education Services If you completed a substance abuse evaluation or other services in Travis County, check the box. Additional Agencies List any other officials, agencies, and other public entities that may have records of your arrest.
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Request for Relief The request for relief is a list of what you are asking the Court to Order. Sign your name and fill in the remaining information. Sign the Unsworn Declaration under penalty of perjury Print the information requested and sign your name. By signing the Unsworn Declaration, you are stating under penalty of perjury that everything in the Petition and any attached Exhibits is true and correct. This means that you could be criminally prosecuted for lying on these forms. Choose the appropriate Additional Arrest Exhibit for your case and attach it to your Petition.
Additional Arrest Exhibit Charges not Filed if applicable Fill out the appropriate Exhibit completely in blue or black ink if you have other arrests you want the court to expunge. Fill out an Exhibit for each additional arrest you want the court to expunge. Fill out this additional starting form if you cannot afford to pay the filing fee for your case.
Learn more here: Court Fees and Fee Waivers. Make 2 copies of the Statement of Inability to Afford Payment of Court Courts if you are asking the court to waive court costs. Fill out one of the following ending forms : Order Granting Expunction of Criminal Records Charges Dismissed or Quashed Use this Order form if all charges from the arrests you need expunged including additional arrests were dismissed or quashed.
Order Granting Expunction of Criminal Records Charges not Filed Use this Order form if no charges were filed for all arrests you need expunged including additional arrests.
How to File A Petition for Expungement in California
Order Granting Expunction of Criminal Records Charges Dismissed or Quashed and Additional Arrests with Charges not Filed Use this Order form if you have arrests where all charges were dismissed or quashed, and you have additional arrests, including one or more arrest with no charges filed from that additional arrest. Step 4: Have your forms reviewed if possible. Important: These basic instructions are not a substitute for the legal advice and counsel of a lawyer.
Step 5: File turn-in your Petition. File turn-in your completed Petition and additional starting forms.
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To file your forms online, go to E-File Texas and follow the instructions. Pay the filing fee or file your completed Statement of Inability to Afford Payment of Court Costs if you cannot afford the fee. Write these numbers at the top of any document you file in your case. The clerk will keep the original and return your copies to you. One copy is for you and one copy is for the state prosecutor. Step 6: Send a file-stamped copy of the Petition to the state prosecutor.
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Step 7. Schedule a hearing. Federal crimes are not eligible. The petitioner has a pending arrest or has been convicted of another offense. The type of crime that is being petitioned is not eligible. Generally, the more serious the offense, the less likely it is that it will qualify.
Very few felonies can be expunged and crimes of a sexual nature are also very limited as well. What does expunged mean?
How to Clear a Criminal Record | LegalMatch
How to get a felony expunged. How to get a misdemeanor expunged. How can a DUI be expunged? Where do I search my criminal history? Where can I obtain a free criminal history report? Does it vary by state? How does the law define conviction?