Expungment_Instructions - DeSoto Parish Clerk of Court

Transcription

Expungment_Instructions - DeSoto Parish Clerk of Court
EXPUNGEMENT FEES AND PROCEDURES
EXPUNGEMENT PROCEDURES:
All required forms are available front our criminal customer services
desk or in PDF format on our websit1~: www.desotoparishclerk.org.
THE CLERK OF COURT IS PROHIBJTED FROM GIVING LEGAL ADVICE
AND CANNOT ASSIST IN TNE PREPARATION OF ANY
EXPUNGEMEfirlENT FILING.
ALL FEES ARE NON-REFUNDABLE !EVEN IF THE EXPUNGEMENT IS
DENIED (La. C.Cr.P. Art. 983)
I. FEES REQUIRED AT THE TIME OJf FILING:
1.
$200.00 - CHECK or MONEY ORDER, MADE PAYABLE TO
DESOTQ__l~ARISH CLERK OF COURT:
2. $50.00 - MONEY ORDER, MADE PAYABLE TO DESOTO
PARISH DISTRICT ATTORNEY:
3. $50.00 - MONEY ORDER, MADE PAYABLE TO DESOTO
PARISH SHERIFF'S OFFICl~
4. $250 - MONEY ORDER OR CASHIER'S CHECK, PAYABLE TO
THE BUREAU OF CRIMINAL IDENTIFICATION AND
INFORM.A.TIQ_Nf- LOUISIANA STATE POLICE;
**DWI CONVICTIONS ONLY - $50.0 Q - MONEY ORDER PAYABLE TO
THE DEPARTMENT OF PUBLIC SAl~ ETY AND CORRECTIONS/' OFFICE
OF MOTOR VEHICLES (La. C.Cr.P. Avt. 984).
- ~-
Inclupe __Qocket Number(s) on all Money Orders
II. FORMS REQUIRED AT THE TIMH OF EXPUNGEMENT FILING
1. Arrest/Summons that did not result in Conviction: Prepare Forms S(L), 7(L),
8(L)
a.
b.
c.
d.
Time expired for prosecutioi); .
Not prosecuted for any offen/l_ie arising out of the charge;
Pre-trial diversion program;
DWI pre-trial diversion progr am and 5 years have elapsed since the
date of arrest;
e. Charge dismissed
f. Found not guilty or judgmen l; of acquittal
2. Misdemeanor Conviction: Prepare fi? rms Exp. l(L), 3(L), S(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 pass i~ d since completion of sentence.
3. Felony Convictions: Prepare forms l'!xp l(L), 3(L), S(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 pas-,ed since completion of sentence.
•
A criminal background check may be obtained through the Louisiana Bureau
of Criminal Identification and Information (225) 925-6095 or www.lsp.org
•
Only One individual may be included ir\ a Motion for Expungement
•
Only one expungement can be filed pe!'arrest/summons. Be sure you include all
charges from the 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 ob!'ained from the D.A. and presented with the
Motion of Expungement if the defendant is eligible pursuant to C.Cr.P. Art. 983(F).
•
Additional information may be obtained through: www.legis.la.gov
PLEASE CONSULT WITH AN ATTORNEY IF YOU ARE UNSURE OF THE FILING
PROCEJ'~URES.
**Please Print completed form, Sign and Deliver to the DeSoto Parish Clerk's Office.