PETITION FOR EXPUNGEMENT OF ARREST / CONVICTION RECORD
PURSUANT TO LA. CODE CRIM. PROC. art. 971 et seq.
[COURT HEADING]
[JUDICIAL DISTRICT COURT] FOR THE PARISH OF [PARISH], STATE OF LOUISIANA
DOCKET NO.: ____ DIVISION: _
IN RE: [PETITIONER FULL LEGAL NAME]
VERIFIED PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD
[// GUIDANCE: Use this template for either misdemeanor or felony matters. Louisiana supplies standardized forms (see La. C.Cr.P. art. 987); however, many courts accept a customized petition provided it tracks statutory content. Confirm with the clerk for local form mandates.]
TABLE OF CONTENTS
- Definitions
- Parties, Jurisdiction & Venue
- Factual Background
- Statutory Eligibility Allegations
- Compliance With Waiting Period(s)
- Certification of No Disqualifying Factors
- Sealed Record Access & Continuing Disclosure Limitations
- Prayer for Relief
- Verification
- Certificate of Service
- Signature & Notary Block
- Exhibits & Attachments Schedule
1. DEFINITIONS
For purposes of this Petition, the following terms have the meanings set forth below:
1.1 “Expungement” means the removal of a record of arrest, prosecution, or conviction from public access as contemplated by La. Code Crim. Proc. art. 973.
1.2 “Eligible Offense” means an offense for which expungement is permitted under La. Code Crim. Proc. arts. 977–982.
1.3 “Waiting Period” refers to the statutory period that must elapse after the satisfaction of sentence or dismissal of charges, as specified in La. Code Crim. Proc. arts. 977(A)(2) (misdemeanors) or 978(A)(2) (felonies).
1.4 “Sealed Record Access Entities” means the criminal justice agencies and other entities authorized to view or receive expunged records under La. Code Crim. Proc. art. 973(C).
[// GUIDANCE: Definitions may be deleted if client prefers traditional narrative pleading style.]
2. PARTIES, JURISDICTION & VENUE
2.1 Petitioner, [Petitioner Name], (“Petitioner”) is an adult individual of the full age of majority, whose residential address is [ADDRESS], Parish of [PARISH], State of Louisiana.
2.2 Respondents for notice purposes include, without limitation:
a. The District Attorney for the [Parish] Parish (“District Attorney”);
b. The Chief of Police / Sheriff of [ARRESTING AGENCY];
c. The Superintendent of the Louisiana State Police, Bureau of Criminal Identification & Information; and
d. Any other criminal justice agency having custody or control of the records sought to be expunged.
2.3 This Court has jurisdiction and venue pursuant to La. Code Crim. Proc. art. 983(A) because the arrest and/or prosecution occurred in [PARISH] Parish.
3. FACTUAL BACKGROUND
3.1 On or about [DATE OF ARREST], Petitioner was arrested by [ARRESTING AGENCY] for the charge(s) of [LIST OFFENSE(S) & STATUTE NUMBERS] (“Subject Offense(s)”).
3.2 The Subject Offense(s) was/were disposed of on [DATE OF DISPOSITION] in Docket No. [DOCKET NO.] of this Court as follows:
• [E.g., Dismissed pursuant to Art. 893; Acquitted; Nolle Prosequi; Convicted of misdemeanor].
3.3 Petitioner successfully completed all terms and conditions imposed, including payment of fines, fees, restitution, probation, or incarceration on [DATE COMPLETED].
4. STATUTORY ELIGIBILITY ALLEGATIONS
4.1 Petitioner qualifies to have the Subject Offense(s) expunged pursuant to La. Code Crim. Proc. art. [SELECT 976 / 977 / 978 / 980], because:
a. The offense(s) is/are an Eligible Offense(s);
b. Petitioner has not been convicted of any other criminal offense during the applicable Waiting Period; and
c. No criminal charges are currently pending against Petitioner.
4.2 Petitioner has not previously obtained more than one felony expungement during any 15-year period nor more than one misdemeanor expungement during any 5-year period, in conformity with La. Code Crim. Proc. art. 977(C) and 978(G).
[// GUIDANCE: Confirm prior expungements; use Louisiana State Police background report if unsure.]
5. COMPLIANCE WITH WAITING PERIOD(S)
5.1 The statutorily required Waiting Period has elapsed. Specifically:
• For misdemeanor(s): At least 5 years have passed since completion of the sentence.
• For felony(ies): At least 10 years have passed since completion of the sentence.
5.2 Attached hereto as Exhibit “A” is a certified record from the Clerk of Court evidencing the date of final disposition.
5.3 Attached hereto as Exhibit “B” is a certification from the Louisiana Bureau of Criminal Identification & Information confirming Petitioner’s criminal history and eligibility.
6. CERTIFICATION OF NO DISQUALIFYING FACTORS
6.1 Petitioner affirms that none of the disqualifying circumstances enumerated in La. Code Crim. Proc. art. 978(B), including but not limited to crimes of violence or sex offenses requiring registration, apply to the Subject Offense(s).
6.2 Petitioner is not in arrears on any restitution, court costs, fees, or fines associated with the Subject Offense(s).
7. SEALED RECORD ACCESS & CONTINUING DISCLOSURE LIMITATIONS
7.1 Petitioner acknowledges that, if expunged, the Subject Offense(s) record will remain accessible to Sealed Record Access Entities for limited law-enforcement, prosecutorial, and licensing purposes under La. Code Crim. Proc. art. 973.
7.2 Petitioner further acknowledges obligation to disclose the expunged record when seeking certain state-issued clearances or permits expressly authorized by statute.
8. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully prays for judgment as follows:
A. That, after due proceedings, this Court order the expungement and sealing of all records of arrest, prosecution, and disposition regarding the Subject Offense(s), including but not limited to police reports, booking photographs, fingerprints, court minutes, pleadings, exhibits, and all electronic indices;
B. That the Clerk of Court, the arresting agency, the Louisiana State Police, and all other custodians of the Subject Offense(s) records be commanded to comply with La. Code Crim. Proc. art. 973 by removing the records from public access and restricting disclosure as required by law;
C. That certified copies of the Order of Expungement be issued to Petitioner or Petitioner’s counsel of record;
D. That all costs of these proceedings be assessed as provided by La. Code Crim. Proc. art. 983(B);
E. For all general and equitable relief.
9. VERIFICATION
I, [PETITIONER NAME], being duly sworn, hereby verify that the allegations herein are true and correct to the best of my knowledge, information, and belief.
[PETITIONER NAME], Affiant
Sworn to and subscribed before me this ___ day of _, 20_, in _____ Parish, Louisiana.
NOTARY PUBLIC
Bar/Notary No.: ___
My commission expires: __
10. CERTIFICATE OF SERVICE
I certify that a copy of the foregoing Petition, together with all exhibits, has been served in conformity with La. Code Crim. Proc. art. 983(C) on [DATE] upon the following:
• District Attorney for the Parish of [PARISH]
• Louisiana Bureau of Criminal Identification & Information
• [ARRESTING AGENCY] Chief of Police / Sheriff
• [ANY ADDITIONAL AGENCY]
Service was effected by [certified mail, return receipt requested / personal delivery].
[ATTORNEY NAME] (Bar No. __)
Counsel for Petitioner
11. SIGNATURE & NOTARY BLOCK
Respectfully submitted,
[ATTORNEY NAME]
Louisiana Bar No. ____
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
COUNSEL FOR PETITIONER
12. EXHIBITS & ATTACHMENTS SCHEDULE
Exhibit “A” – Certified Minute Entry / Disposition Sheet
Exhibit “B” – Louisiana State Police Criminal History Certification
Exhibit “C” – Proof of Satisfaction of All Financial Obligations
Exhibit “D” – Completed FBI Applicant Fingerprint Card (FD-258)
Exhibit “E” – Proposed Order of Expungement (separate pleading)
[// GUIDANCE: Many clerks require the proposed order on yellow paper (local rule). Confirm formatting, copies, and any filing fee payments (currently $550, apportioned among agencies).]