reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Code of Criminal Procedure › Art. 944. Emergency sessions of court; criteria

Art. 944. Emergency sessions of court; criteria
A. When the supreme court makes the determination that an appellate, district, parish, city, municipal, juvenile, traffic, justice of the peace, or family court having jurisdiction over criminal prosecutions and proceedings shall conduct proceedings outside its parish or territorial jurisdiction, the supreme court may order emergency sessions of court at a location or locations which are both feasible and practicable outside the parish or territorial jurisdiction of that court. This determination shall be based upon emergency or disaster circumstances, including but not limited to the lack of a readily available alternative location to conduct court within the parish, terrorist events, enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake, or other natural or manmade causes resulting in the displacement of thousands of residents and the destruction of or severe damage to courthouses and other facilities supporting the criminal justice system. In making this determination, the supreme court shall make a reasonable effort to consult with the chief judge, the district attorney, the district public defender, and the clerk of the affected court.
B. The supreme court order requiring emergency sessions of court shall name the affected court, the location or locations in which the emergency sessions of that court shall be conducted, and the date on which emergency sessions shall commence.
Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005; Acts 2007, No. 307, §10.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 945. Venue; affected court; emergency sessions; habeas corpus

Art. 945. Venue; affected court; emergency sessions; habeas corpus
A. Venue for criminal prosecutions in an affected court shall be changed by operation of law to the parish where the affected court is ordered to conduct criminal sessions for the duration of the emergency sessions. Criminal proceedings may take place in a parish other than the parish where the crime was committed if the supreme court has ordered emergency sessions of that court in another parish pursuant to Article 944 or as otherwise provided by law.
B. Venue for a writ of habeas corpus for an individual whose physical custody has been transferred as a result of the circumstances which are the basis for the emergency session shall be in the parish of East Baton Rouge. If the court in East Baton Rouge Parish is also an affected court, venue shall be in the host jurisdiction which has been established by supreme court order for the affected court in East Baton Rouge Parish.
Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 946. Jurisdiction of affected court conducting emergency sessions

Art. 946. Jurisdiction of affected court conducting emergency sessions
A. The affected court conducting emergency sessions outside of its parish or territorial jurisdiction pursuant to Article 944 shall retain jurisdiction over all criminal proceedings and prosecutions that would otherwise be conducted by the affected court.
B. All court proceedings, grand jury proceedings, hearings, preliminary matters, pretrial hearings, and trials may be conducted in the emergency sessions of the affected court.
C. The affected court conducting emergency sessions may retain jurisdiction to complete all matters in progress in the host jurisdiction even though the order rendered pursuant to Article 944 has been withdrawn, canceled, or rescinded.
Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 947. Affected court conducting emergency sessions; authority and powers

Art. 947. Affected court conducting emergency sessions; authority and powers
An affected court ordered to conduct emergency sessions outside of its parish or territorial jurisdiction pursuant to Article 944 shall retain all authority and powers previously exercised by that court in its parish or territorial jurisdiction.
Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 948. Emergency sessions; length; recision; continuation; extensions

Art. 948. Emergency sessions; length; recision; continuation; extensions
A. Emergency sessions of court shall continue until the supreme court withdraws, cancels, or rescinds the order authorizing the emergency sessions. The supreme court shall give notice at least ten days prior to the conclusion of the emergency session to the chief judge, the district attorney, the district public defender, and the clerk of the affected court.
B. The supreme court may withdraw, cancel, or rescind an order authorizing emergency sessions of court at any time that it determines that the conditions which warranted the issuance of the order no longer exist.
Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005; Acts 2007, No. 307, §10.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 949. Court costs and fees

Art. 949. Court costs and fees
All court costs, fees, and fines assessed or taxed and collected previously by the affected court prior to the supreme court order authorizing the conducting of emergency sessions shall be assessed, taxed, collected, distributed, and retained in the same amounts by and to the same entities and in the same manner by the affected court conducting the emergency session in the host jurisdiction.
Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 950. Authority of district attorney in emergency sessions of court

Art. 950. Authority of district attorney in emergency sessions of court
A. The district attorney or prosecuting attorney, where applicable, of the affected court conducting emergency sessions of court outside of its parish or territorial jurisdiction pursuant to Article 944 shall have entire charge and control of every criminal prosecution and authority in the host jurisdiction that he would otherwise have exercised in the affected court.
B. The provisions of this Article are included in the other duties of the district attorney provided by law as authorized by Article V, Section 26(B) of the Constitution of Louisiana.
Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 951. Sheriff; law enforcement officer

Art. 951. Sheriff; law enforcement officer
A. The sheriff and any other law enforcement agency or officer or court official having jurisdiction in the affected court shall have all necessary authority and powers to operate within the host jurisdiction in which the affected court is conducting emergency sessions pursuant to Article 944, including the collection of fines, fees, costs, and bonds. This authority shall be limited to those matters being conducted in the emergency session of court.
B. The provisions of this Article shall constitute an exception to territorial jurisdiction of the sheriff in the same manner as Articles 204 and 213.
Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 952. Clerk of affected court

Art. 952. Clerk of affected court
A. During the period in which the supreme court has ordered emergency sessions of court pursuant to Article 944, the clerk of court of the affected court is authorized to establish an ancillary office in the host jurisdiction in which the emergency sessions of the court are held.
B. The clerk of court of the affected court shall continue to exercise all necessary powers, duties, and authority of his office in order to maintain the effective operation and integrity of the criminal justice system of the affected court in the host jurisdiction, including but not limited to the assessment of fees to which the clerk is entitled. This authority shall be limited to all matters and proceedings within the jurisdiction of the affected court.
C. If the affected court is located in Orleans Parish, the provisions of this Article shall apply to the recorder of mortgages and register of conveyances for the parish of Orleans.
D. The provisions of this Article are included in the other duties of the clerk provided by law as authorized by Article V, Section 28(A) of the Constitution of Louisiana.
Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 953. Authority of indigent defender board in emergency sessions of court

Art. 953. Authority of indigent defender board in emergency sessions of court
The district public defender, or regional director, where applicable, of the affected court conducting emergency sessions of court outside of its parish or territorial jurisdiction pursuant to Article 944 shall retain the authority for the appointment of attorneys residing in either the parish or territorial jurisdiction of the affected court or in the host jurisdiction to represent indigent defendants in the host jurisdiction that would otherwise have been exercised in the affected court.
Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005; Acts 2007, No. 307, §10.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 954. Jury pool; emergency sessions

Art. 954. Jury pool; emergency sessions
A. Upon motion by the district attorney and after a contradictory hearing, the court may summon jurors from the host jurisdiction. The district attorney must show that the interests of justice are served by the approval of such motion.
B. The summoning of jurors shall be conducted by the clerk of the host jurisdiction. The cost of summoning jurors and all costs regarding jurors shall be paid by the affected court.
Acts 2005, 1st. Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 955. Suspension of time limitations in affected courts; ninety days; recision; extensions; exceptions

Art. 955. Suspension of time limitations in affected courts; ninety days; recision; extensions; exceptions
A. The time periods, limitations, and delays established by the provisions of the Code of Criminal Procedure, Children's Code, Title 15, and Chapter 26 of Title 40 of the Louisiana Revised Statutes of 1950 shall be suspended in the jurisdiction of the affected court for a period of ninety days following the issuance of an order authorizing emergency sessions of court as provided for in Article 944.
B. The ninety-day suspension provided for by this Article shall commence to run from the date the supreme court issued its order authorizing the emergency sessions of court or from the date specified therein, whichever is earlier.
C. The ninety-day suspension may be extended upon a determination by the supreme court that the continuation of the suspension is necessary.
D. The supreme court may rescind the suspension at any time and for any jurisdiction within the state upon a determination by the supreme court that the suspension is no longer necessary.
E. The provisions of this Article shall not apply to Code of Criminal Procedure Articles 230.1, 230.2, 351, 354, and 362.
F. When the supreme court makes the determination and orders an emergency session of court at a location which are both feasible and practical outside the parish or territorial jurisdiction of the affected court, pursuant to Article 944, in addition to the provisions of Paragraph A of this Article, the supreme court may order an extension of time not to exceed four hundred fifty days for the surrender of the defendant as provided for in Code of Criminal Procedure Article 349.8. This extension of time is in addition to the one hundred eighty days provided for in Article 349.8 and the ninety days provided for in Paragraph A of this Article, and also applies to the deadlines for filing motions to set aside judgments of bond forfeiture.
Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005; Acts 2006, No. 466, §2, eff. June 15, 2006; Acts 2010, No. 914, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 956. Appeals; application for supervisory writs

Art. 956. Appeals; application for supervisory writs
An application for a supervisory writ or an appeal from a judgment or ruling of an affected court ordered to conduct emergency sessions shall be taken to the appropriate appellate court which exercised proper appellate or supervisory jurisdiction over the affected court prior to the issuance of the supreme court order. If the appropriate appellate court is also an affected court, an application for a supervisory writ or an appeal from a judgment or ruling of an affected court shall be taken to the host jurisdiction which has been established by supreme court order for the affected appellate court.
Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 957. Bail during emergency sessions of court; selected offenses

Art. 957. Bail during emergency sessions of court; selected offenses
A. Notwithstanding any other provision of law to the contrary, an affected court conducting emergency sessions of court outside of its parish or territorial jurisdiction pursuant to Article 944 may release a defendant on bail through an unsecured personal surety as authorized by Article 317, without proof of a security interest pursuant to the provisions of this Article.
B. The provisions of this Article shall not apply to any defendant who has been arrested for any of the following offenses:
(1) A crime of violence as defined in R.S. 14:2(B).
(2) A sex offense as defined in R.S. 15:541.
(3) A felony offense, an element of which includes the discharge, use, or possession of a firearm.
(4) A violation of R.S. 14:98, operating a vehicle while intoxicated, or a parish or municipal ordinance that prohibits operating a vehicle while intoxicated, while impaired, or while under the influence of alcohol or any controlled dangerous substance.
C. The affected court may release a defendant on bail through a personal surety without proof of a security interest as required by Article 319 if all of the following conditions are met:
(1) The defendant was arrested for an offense which is not excluded by Paragraph B of this Article.
(2) The personal surety meets the requirements of Articles 315 and 318 for a secured personal surety.
(3) Proof of a security interest cannot be obtained due to emergency or disaster circumstances as provided for in Article 944.
(4) The court requires that the unsecured surety be converted to a commercial surety or secured personal surety as soon as proof of a security interest can be obtained, or within thirty days of issuance of the unsecured bail, whichever occurs earlier. If proof of a security interest cannot be obtained due to emergency or disaster circumstances, the court may extend the period to obtain proof of the security interest for additional thirty-day increments as determined to be necessary by the court.
D. The provisions of this Article shall not be construed to limit the constitutional right to bail or the inherent authority of the court to set bail.
Acts 2010, No. 141, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 958. Suspension of time limitations in declared disaster, emergency, or public health emergency

Art. 958. Suspension of time limitations in declared disaster, emergency, or public health emergency
A. Notwithstanding any provision of law to the contrary, if the governor has declared a disaster or emergency pursuant to the provisions of R.S. 29:721 et seq. or a public health emergency pursuant to R.S. 29:760 et seq., the supreme court is authorized to issue an order, or series of orders as it determines to be necessary and appropriate, that shall have the full force and effect of suspending all time periods, limitations, and delays pertaining to the initiation, continuation, prosecution, defense, appeal, and post-conviction relief of any prosecution of any state or municipal criminal, juvenile, wildlife, or traffic matter within the state of Louisiana including but not limited to any such provisions in this Code, the Children's Code, and Titles 14, 15, 32, 40, and 56 of the Louisiana Revised Statutes of 1950, or in any other provision of Louisiana law, for a determinate period of thirty days except as otherwise provided by this Article.
B. The thirty-day period provided for in this Article shall commence to run from the date the supreme court issues the order or from a particular date specified by the supreme court in the order, whichever is earlier.
C. The thirty-day period provided in Paragraph A of this Article may be extended by further order of the supreme court for additional successive periods with each period not exceeding thirty days.
D. The period of suspension authorized by the provisions of this Article shall terminate upon order of the supreme court or upon termination of the declared disaster, emergency, or public health emergency, whichever is earlier.
E. The provisions of this Article shall not apply to Articles 230.1, 230.2, and 232 and Children's Code Articles 624 and 819.
F. Nothing in this Article shall be construed to negate or impair the application of any other provision of law regarding the suspension or interruption of time periods, limitations, or delays.
Acts 2020, No. 285, §1, eff. June 11, 2020.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 971. Legislative findings

TITLE XXXIV. EXPUNGEMENT OF RECORDS
Art. 971. Legislative findings
The legislature hereby finds and declares the following:
(1) Louisiana law provides for the expungement of certain arrest and conviction records under limited circumstances. Obtaining an expungement of these records allows for the removal of a record from public access but does not result in the destruction of the record.
(2) An expunged record is confidential, but remains available for use by law enforcement agencies, criminal justice agencies, and other statutorily defined agencies.
(3) Following the passage of the Maritime Transportation Security Act of 2002, all individuals who wish to work at ports or on vessels regulated by this Act are required to obtain a Transportation Worker Identification Credential (TWIC). Obtaining a TWIC card requires a criminal history check and clearance which cannot be obtained without either a clean record or an expunged record with respect to certain offenses.
(4) The inability to obtain an expungement can prevent certain individuals from obtaining gainful employment.
(5) The need for employment must be balanced appropriately against the desire for public safety. Nothing in this Title shall be construed to limit or impair in any way the subsequent use of any expunged record of arrest or conviction in any lawful manner by law enforcement, law enforcement agencies, prosecutors, or judges, including its use as a predicate offense or for the provisions of the Habitual Offender Law.
(6) It is the intention of the legislature that this Title will provide opportunities to break the cycle of criminal recidivism, increase public safety, and assist the growing population of criminal offenders reentering the community to establish a self-sustaining life through opportunities in employment.
(7) In balancing the legitimate needs of law enforcement agencies and the desire to afford employment opportunities to all Louisiana citizens, the Louisiana Legislature enacts the provisions of this Title within the Code of Criminal Procedure.
Acts 2014, No. 145, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 972. Definitions

Art. 972. Definitions
As used in this Title:
(1) "Expunge a record" means to remove a record of arrest or conviction, photographs, fingerprints, disposition, or any other information of any kind from public access pursuant to the provisions of this Title. "Expunge a record" does not mean destruction of the record.
(2) "Expungement by redaction" provides for the expungement of records of a person who is arrested or convicted with other persons who are not entitled to expungement and involves the removal of the name or any other identifying information of the person entitled to the expungement and otherwise retains the records of the incident as they relate to the other persons.
(3) "Interim expungement" means to expunge a felony arrest from the criminal history of a person who was convicted of a misdemeanor offense arising out of the original felony arrest. Only the original felony arrest may be expunged in an interim expungement.
(4) "Records" includes any incident reports, photographs, fingerprints, disposition, or any other such information of any kind in relation to a single arrest event in the possession of the clerk of court, any criminal justice agency, and local and state law enforcement agencies but shall not include DNA records. Records shall also include records of an arrest based on a warrant or attachment for failure to appear in court for the same offense or offenses for which the person is seeking an expungement.
Acts 2014, No. 145, §1; Acts 2019, No. 1, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 972.1. Expungement of records; local courts

Art. 972.1. Expungement of records; local courts
The following courts, throughout their several territorial jurisdictions, shall have authority to expunge records in accordance with this Title:
(1) District courts and their commissioners within their trial jurisdiction.
(2) City or parish courts within their trial jurisdiction.
(3) Mayor's courts and traffic courts within their trial jurisdiction.
(4) Juvenile and family courts within their trial jurisdiction.
(5) Municipal and traffic courts of New Orleans within their trial jurisdiction.
Acts 2023, No. 90, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 974. Dissemination of expunged records by third parties; court order

Art. 974. Dissemination of expunged records by third parties; court order
A. A private third-party entity, excluding a news-gathering organization, that compiles and disseminates criminal history information for compensation shall not disseminate any information in its possession regarding an arrest, conviction, or other disposition after it has received notice of an issuance of a court order to expunge the record of any such arrest or conviction. The provisions of this Paragraph shall not apply to private third-party entities which are regulated by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) or the Gramm-Leach-Bliley Act (15 U.S.C. §6801-6809).
B. The person obtaining the expungement shall send notice of the order of expungement by certified or registered mail with return receipt requested and a certified copy of the order of expungement.
C. A private third-party entity that publicly disseminates criminal history information in violation of this Article after having received notice as provided for in Paragraph B of this Article, may be liable for any actual damages, court costs, and attorney fees that are incurred by the person whose criminal history was disseminated.
Acts 2014, No. 145, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 975. Individuals incarcerated; ineligible to file motion to expunge records

Art. 975. Individuals incarcerated; ineligible to file motion to expunge records
A person in the physical custody of the Department of Public Safety and Corrections serving a sentence at hard labor shall not be permitted to file a motion to expunge a record of an arrest which did not result in a conviction or to expunge a record of an arrest and conviction of a misdemeanor or felony offense.
Acts 2014, No. 145, §1; Acts 2020, No. 78, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 976. Motion to expunge record of arrest that did not result in a conviction

Art. 976. Motion to expunge record of arrest that did not result in a conviction
A. A person may file a motion to expunge a record of his arrest for a felony or misdemeanor offense that did not result in a conviction if any of the following apply:
(1) The person was not prosecuted for the offense for which he was arrested, and the limitations on the institution of prosecution have barred the prosecution for that offense.
(2) The district attorney for any reason declined to prosecute any offense arising out of that arrest, including the reason that the person successfully completed a pretrial diversion program.
(3) Prosecution was instituted and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.
(4) The person was judicially determined to be factually innocent and entitled to compensation for a wrongful conviction pursuant to the provisions of R.S. 15:572.8. The person may seek to have the arrest and conviction which formed the basis for the wrongful conviction expunged without the limitations or time delays imposed by the provisions of this Article or any other provision of law to the contrary.
B. Pursuant to R.S. 15:578.1, no person arrested for a violation of R.S. 14:98 (operating a vehicle while intoxicated) or a parish or municipal ordinance that prohibits operating a vehicle while intoxicated, impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance, and placed by the prosecuting authority into a pretrial diversion program, shall be entitled to an expungement of the record until five years have elapsed since the date of arrest for that offense.
C. The motion to expunge a record of arrest that did not result in a conviction of a misdemeanor or felony offense shall be served pursuant to the provisions of Article 979.
Acts 2014, No. 145, §1; Acts 2015, No. 200, §1; Acts 2016, No. 125, §1, eff. May 19, 2016; Acts 2020, No. 132, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 977. Motion to expunge a record of arrest and conviction of a misdemeanor offense

Art. 977. Motion to expunge a record of arrest and conviction of a misdemeanor offense
A. A person may file a motion to expunge his record of arrest and conviction of a misdemeanor offense if either of the following apply:
(1) The conviction was set aside and the prosecution was dismissed pursuant to Article 894(B) of this Code.
(2) More than five years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole, and the person has not been convicted of any felony offense during the five-year period, and has no felony charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that to his knowledge the applicant has no felony convictions during the five-year period and no pending felony charges under a bill of information or indictment.
B. The motion to expunge a record of arrest and conviction of a misdemeanor offense shall be served pursuant to the provisions of Article 979 of this Code.
C. No person shall be entitled to expungement of a record under any of the following circumstances:
(1) The misdemeanor conviction arose from circumstances involving or is the result of an arrest for a sex offense as defined in R.S. 15:541, except that an interim expungement shall be available as authorized by the provisions of Article 985.1 of this Code.
(2) The misdemeanor conviction was for domestic abuse battery.
(3) The misdemeanor conviction was for stalking (R.S. 14:40.2).
D. Notwithstanding any provision of law to the contrary, a person may file a motion to expunge his record of arrest and conviction of a misdemeanor conviction for a first offense possession of marijuana, tetrahydrocannabinol, or chemical derivatives thereof after ninety days from the date of conviction.
Acts 2014, No. 145, §1; Acts 2015, No. 151, §1, eff. June 23, 2015; Acts 2015, No. 200, §1; Acts 2020, No. 78, §2; Acts 2023, No. 342, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 979. Service of motion to expunge a record

Art. 979. Service of motion to expunge a record
A. The clerk of court shall serve notice of the motion of expungement by United States mail or electronically upon the following entities:
(1) The district attorney of the parish of conviction.
(2) The Louisiana Bureau of Criminal Identification and Information.
(3) The arresting law enforcement agency.
B. When service is made by United States mail, a certificate of service shall be filed into the record indicating the date the motion was placed in the United States mail for service.
Acts 2014, No. 145, §1; Acts 2015, No. 200, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 980. Contradictory hearing

Art. 980. Contradictory hearing
A. Any entity named in Article 979 of this Code that receives notice of the motion may object to the granting of a motion to expunge a record.
B.(1) Except as provided in Subparagraph (2) of this Paragraph, an objecting party shall file an affidavit of response with reasons for the objection in the record with service to the defendant within sixty days from the date of service of the motion and specifically state the grounds for the objection.
(2) If the Louisiana Bureau of Criminal Identification and Information objects to the granting of the motion to expunge a record, it shall file an affidavit of response with reasons for the objection in the record with service to the defendant within one hundred and twenty days from the date of the service of the motion until August 1, 2015. On August 1, 2015, and thereafter, if the Louisiana Bureau of Criminal Identification and Information objects to the granting of the motion to expunge a record, it shall file an affidavit of response with reasons for the objection in the record with service to the defendant within sixty days from the date of the service of the motion.
C. The court may grant an extension of time to file an objection not to exceed thirty days from the expiration of the original sixty days for a party to object.
D. Any objection timely filed shall have a contradictory hearing. If an objection is timely filed, the district attorney or an objecting party shall request that the matter be set for a contradictory hearing. A notice of hearing shall be served on the defendant and those persons provided for in Article 979 of this Code.
E. The objecting agency must show by a preponderance of the evidence why the motion of expungement should not be granted.
F. If no objection is filed by an agency listed under Article 979 of this Code, the defendant may waive the contradictory hearing, and the court shall grant the motion to expunge the record if the court determines that the mover is entitled to the expungement in accordance with law.
G. Any agency listed under Article 979 of this Code may expressly waive its time period to object by filing a formal "No Opposition" into the record.
Acts 2014, No. 145, §1; Acts 2015, No. 200, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 981. Judgment granting motion to expunge a record of arrest or conviction; execution

Art. 981. Judgment granting motion to expunge a record of arrest or conviction; execution
A judgment ordering expungement of a record of arrest or of conviction of a misdemeanor or felony offense shall be served as provided for in Article 982 of this Code. The judgment shall not affect any persons or other entities set forth in Article 979 or 982 of this Code who have not been served with the motion and judgment ordering the expungement of a record.
Acts 2014, No. 145, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 982. Service of order and judgment of expungement

Art. 982. Service of order and judgment of expungement
The clerk of court shall serve the order and judgment of expungement of a record by United States mail or electronically upon all of the following entities:
(1) The district attorney of the parish of conviction.
(2) The Louisiana Bureau of Criminal Identification and Information.
(3) The sheriff of the parish of conviction.
(4) The arresting agency.
Acts 2014, No. 145, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 984. Additional requirements for the expungement of records involving the operation of a vehicle while intoxicated; additional fee

Art. 984. Additional requirements for the expungement of records involving the operation of a vehicle while intoxicated; additional fee
A. A person convicted of operating a vehicle while intoxicated shall be required to supplement the motions required in this Title with proof in the form of a certified letter from the Department of Public Safety and Corrections, office of motor vehicles, that the person has complied with the requirements of this Article. The certified letter shall be attached to the motion to expunge the record of arrest and conviction for operating a vehicle while intoxicated.
B. The court shall order the clerk of court to mail to the Department of Public Safety and Corrections, office of motor vehicles, all of the following as provided by the defendant:
(1) A certified copy of the record of the plea of guilty or nolo contendere.
(2) Fingerprints of the defendant.
(3) Proof that the defendant meets the requirements as set forth in Article 556 or 556.1 of this Code which shall include the defendant's date of birth, social security number, and driver's license number.
C. An additional fifty-dollar court cost shall be assessed at this time against the defendant and paid to the Department of Public Safety and Corrections, office of motor vehicles, for the costs of storage and retrieval of the records. The court cost provided by this Paragraph shall be submitted to the department regardless of whether the clerk of court is submitting this matter to the department pursuant to Paragraph B or D of this Article.
D. In lieu of forwarding the items listed in Paragraph B of this Article, the clerk of court may send a copy of the letter issued by the department pursuant to Subparagraph (B)(1) of Article 894 if the clerk had previously submitted records of the plea to the department pursuant to that Article.
Acts 2014, No. 145, §1; Acts 2015, No. 200, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 985. Expungement by redaction of records with references to multiple individuals

Art. 985. Expungement by redaction of records with references to multiple individuals
A. If a record includes the name of more than one individual and one or more of the individuals is entitled to an expungement of an arrest or conviction pursuant to the provisions of this Title, any individual entitled to an expungement may petition the court to have records related to the arrest or conviction of the individual expunged by redaction.
B. If the court grants the expungement by redaction, the name of the individual and all other identifying information regarding the individual granted the expungement by redaction shall be redacted from all records regarding the arrest and conviction. The redacted records shall be available for public access.
C. The clerk of court shall not be liable for any damages resulting to any person or entity as a consequence of expunging or redacting or for the failure to expunge or redact any record where the expungement order does not specifically identify all locations of the records to be expunged or specify the information to be redacted.
Acts 2014, No. 145, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 985.1. Interim motion to expunge a felony arrest from criminal history in certain cases resulting in a misdemeanor conviction

Art. 985.1. Interim motion to expunge a felony arrest from criminal history in certain cases resulting in a misdemeanor conviction
A. A person may file an interim motion to expunge a felony arrest from his criminal history when that original arrest results in a conviction for a misdemeanor. In such cases, only the original felony arrest may be expunged.
B. The interim motion to expunge a felony arrest which results in a misdemeanor conviction from criminal history is separate and distinct from an expungement of a final conviction pursuant to Articles 976, 977, and 978 of this Code.
C. Except as provided in Paragraph D of this Article, an interim motion to expunge a felony arrest from criminal history shall follow the same procedures and fees established pursuant to the provisions of Article 979 et seq of this Code.
D. An interim motion to expunge shall not be subject to the time limitations provided for in Articles 977(A)(2) or 978(A)(2) of this Code, and there shall be no restriction on the number of interim expungements which may be granted.
Acts 2014, No. 145, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 986. Forms for the expungement of records

Art. 986. Forms for the expungement of records
A. Only the forms provided for in Articles 987, 988, 989, 990, 991, 992, 993, 994, 995, and 998 shall be used for filing motions to expunge a record of an arrest which did not result in a conviction, for the expungement of a record of arrest and conviction of a misdemeanor or felony offense, or for an interim motion to expunge a felony offense which resulted in a misdemeanor conviction.
B. Supplemental forms may be added to any petition as long as they adhere to the form provided for in Article 993 of this Code.
C. The clerk of court for any court in the state of Louisiana having criminal jurisdiction may amend any of the forms provided for in Articles 987, 988, 989, 990, 991, 992, 993, 994, 995, and 998 to provide the appropriate name of the court ordering an expungement of records.
Acts 2014, No. 145, §1; Acts 2015, No. 200, §1; Acts 2023, No. 342, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 988. Motion for fee exemption form to be used

Art. 988. Motion for fee exemption form to be used
" STATE OF LOUISIANA
JUDICIAL DISTRICT FOR THE PARISH OF
______________________________
No.: ______________Division: "_______"
State of Louisiana
vs.
_______________________________________________________
CERTIFICATION OF FEE WAIVER
To be completed by defendant and submitted to the District Attorney's Office prior to filing. Append completed form to Motion of Expungement at filing only if eligible.
DEFENDANT NAME
DATE OF BIRTH
SSN (last 4 digits)#
XXX-XX-
DATE OF ARREST
DOCKET NUMBER
CHARGE
In accordance with Louisiana Code of Criminal Procedure Article 983, the Office of the District Attorney has reviewed the available databases and determined that
(Check all that apply. To be completed by authorized personnel from the District Attorney's Office and returned within 15 days to defendant.)
:
□ The arrestee listed above has NO FELONY CONVICTIONS.
AND
□ The arrestee listed above has NO PENDING FELONY CHARGES UNDER A BILL OF INDICTMENT OR INFORMATION.
AND
□ The arrestee listed above WAS ACQUITTED after trial of all charges derived from the arrest listed above, including any lesser and included offense.
OR
□ The arrestee listed above WAS NOT PROSECUTED WITHIN THE TIME LIMITATIONS prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure and the arrestee did not participate in a pretrial diversion program for the arrest listed above.
OR
□ The case involving the arrestee listed above was dismissed or the district attorney declined to prosecute the case prior to the time limitations prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure, and the arrestee did not participate in a pretrial diversion program.
OR
□ The arrestee listed above has been determined to be factually innocent and entitled to compensation for a wrongful conviction pursuant to the provisions of R.S. 15:572.8.
OR
□ The arrestee listed above is a juvenile who has successfully completed any juvenile drug court program and is exempt from fees pursuant to Code of Criminal Procedure Article 983(G).
_____________________________________
District Attorney or his designee - Print Name
_______________________________________________________, 20____"
District Attorney or his designee - SignatureDate
Acts 2014, No. 145, §1; Acts 2015, No. 200, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 990. Affidavit of response form to be used

Art. 990. Affidavit of response form to be used
"
STATE OF LOUISIANA
JUDICIAL DISTRICT FOR THE PARISH OF
______________________________
No.: ______________
Division: "_______"
State of Louisiana
vs.
_______________________________________________________
AFFIDAVIT OF RESPONSE
Pursuant to Louisiana Code of Criminal Procedure Article 980, the District Attorney for the Parish of __________________ acknowledges the following:
*
No Opposition.
Respondent respectfully consents to waiver of the contradictory hearing.
*
Opposition to the Motion of Expungement with Reasons.
Respondent respectfully requests a contradictory hearing.
OR
Pursuant to Louisiana Code of Criminal Procedure Article 980, the Louisiana Bureau of Criminal Identification and Information acknowledges the following:
*
No Opposition.
Respondent respectfully consents to waiver of the contradictory hearing.
*
Opposition to the Motion of Expungement with Reasons.
Respondent respectfully requests a contradictory hearing.
OR
Pursuant to Louisiana Code of Criminal Procedure Article 980, the arresting law enforcement agency__________________acknowledges the following:
*
No Opposition.
Respondent respectfully consents to waiver of the contradictory hearing.
*
Opposition to the Motion of Expungement with Reasons.
Respondent respectfully requests a contradictory hearing.
Respectfully submitted,
____________________________________
Signature of Attorney
____________________________________
Attorney's Bar Roll No.
____________________________________
Address
____________________________________
City, State, ZIP Code
____________________________________
Telephone Number
PLEASE SERVE:
1.
District Attorney:______________________________________________
2.
Louisiana Bureau of Criminal Identification and Information___________
3.
The Arresting Law Enforcement Agency___________________________
Acts 2014, No. 145, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 991. Order form to be used

§991. Order form to be used
"
STATE OF LOUISIANA
JUDICIAL DISTRICT FOR THE PARISH OF
______________________________
No.: _____________
Division: "_______"
State of Louisiana
vs.
_______________________________________________________
ORDER
IT IS HEREBY ORDERED,
*
If there is an objection to the Motion for Expungement, the district attorney and the arresting law enforcement agency shall file a motion to object within sixty days of the service of this Order.
*
If the Louisiana Bureau of Criminal Identification and Information objects to the Motion for Expungement, they shall file a motion within 120 days of the service of this order (prior to August 1, 2015) and within 60 days of service of this order (after August 1, 2015).
*
NO CONTRADICTORY HEARING SHALL BE REQUIRED
as evidenced by the "Affidavit of No Opposition" executed by each agency named herein and attached to the Motion for Expungement.
THUS ORDERED AND SIGNED
this ____ day of _________________, 20 ____ at ______________, Louisiana, ___________________________.
___________________________
JUDGE
PLEASE SERVE:
1.
District Attorney:________________________________________________
2.
Louisiana Bureau of Criminal Identification and Information_____________
3.
Arresting Agency: ____________________________________________"
Acts 2014, No. 145, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 995. Order of interim expungement form to be used

Art. 995. Order of interim expungement form to be used
"STATE OF LOUISIANA
JUDICIAL DISTRICT FOR THE PARISH OF
______________________________
No.: ____________
Division: "_______"
State of Louisiana
vs.
_______________________________________________________
ORDER OF EXPUNGEMENT OF INTERIM ARREST RECORD
Considering the Motion for Expungement
*
The hearing conducted and evidence adduced herein, OR
*
Affidavits of No Opposition filed,
IT IS ORDERED, ADJUDGED AND DECREED
*
THE MOTION IS DENIED for the following reasons (check all that apply):
*
Mover was not arrested for a felony.
*
Mover was not convicted of a misdemeanor offense.
*
THE MOTION IS HEREBY GRANTED and the Louisiana Bureau of Criminal Identification and Information is hereby ordered to expunge the entry of the felony charge(s) contained in the criminal history of the above-named for the following felony charge(s):
La. R.S.
_______: ________
Name of Offense
________________________________
La. R.S.
_______: ________
Name of Offense
________________________________
IT IS FURTHER ORDERED that the Clerk of Court, District Attorney and arresting agency expunge the entry of the felony charge(s) from any public indices of the above-named on the above enumerated charge(s).
THUS ORDERED AND SIGNED this ____ day of _________________________,
20 ______ at
_________________________, Louisiana.
____________________________
JUDGE
PLEASE SERVE:
1.
District Attorney ______________________________________________
2.
Louisiana Bureau of Criminal Identification and Information ___________
3.
Arresting Agency _____________________________________________"
Acts 2014, No. 145, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 996. Submission of expungement records to office of motor vehicles; forms to be used and completed by the clerk of court

Art. 996. Submission of expungement records to office of motor vehicles; forms to be used and completed by the clerk of court
TRANSMITTAL OF RECORDS FOR EXPUNGEMENT OF DWI
PURSUANT TO C.Cr.P. Art. 984
____________________________
____________________________
____________________________
________________
DATE
OFFICE OF MOTOR VEHICLES
P.O. BOX 64886
BATON ROUGE, LA 70896
NAME_______________________DRIVERS LICENSE#___________________
DATE OF BIRTH:______________OFFENSE DATE:_____________________
SS#___________________________DOCKET NO:________________________
TICKET NO: ________________________
☐ Attached is a certified copy of the court minutes, original/certified copy of fingerprints and proof of the requirements as set forth in the Code of Criminal Procedure Article 556.1. Additionally, a $50.00 money order or certified funds made payable to the office of motor vehicles, in reference to the above named defendant is attached; or
☐ Attached is a copy of the certified letter received from office of motor vehicles indicating that all of the required documents were previously filed in conjunction with the requirements of Code of Criminal Procedure Article 894 and are on file. Additionally, a $50.00 money order or certified funds made payable to the office of motor vehicles is attached.
NOTE: Do not use this form to submit records of a DWI plea pursuant to Code of Criminal Procedure Article 894(A)(5).
Acts 2015, No. 200, §1.