Louisiana Code of Criminal Procedure 988 – Motion for fee exemption form to be used
Terms Used In Louisiana Code of Criminal Procedure 988
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
“ 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.
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 La. Rev. Stat. 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.