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
- DiGiulio Utley, LLC sponsors Author Night at the Hubbell Library: Discussions by exonorees Gregory Bright and John Thompson. Mr. Bright spent 27 ½ years in prison for a crime he did not commit. John Thompson was exonerated in 2003 after spending 18 years in prison (14 of them on death row) after evidence covered up by prosecutors surfaced just weeks before his execution date.
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