Louisiana Code of Criminal Procedure 985.3 – Immediate expungement; judicial discretion
Terms Used In Louisiana Code of Criminal Procedure 985.3
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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. See Louisiana Code of Criminal Procedure 972
A. The court may order the immediate expungement of the record of the arrest and conviction of the violation that necessitated participation in the probation or program by a person who is otherwise eligible for an expungement upon the successful completion of a court-ordered probation or alternative sentencing program.
B. Only the form provided in Article 992 shall be used to expunge the record of a person who is otherwise eligible for an expungement upon the successful completion of a court-ordered probation or alternative sentencing program.
C. The immediate expungement shall be served pursuant to the provisions of Article 982 and shall include the court record with the signed order with all of the following:
(1) The bill of information.
(2) The sentencing minutes.
(3) Any documents or records relevant to the arrest incident and plea agreements, if available.
Acts 2024, No. 560, §1.