ENROLLED
2020 Regular Session
HOUSE BILL NO. 194
BY REPRESENTATIVE MARINO
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Articles 989, 992, and 993, relative to
3 expungement; to provide with respect for expungement forms; to provide for the
4 amendment of certain forms for expungement; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Articles 989, 992, and 993 are hereby
7 amended and reenacted to read as follows:
8 Art. 989. Motion for expungement forms to be used
9 STATE OF LOUISIANA
10 JUDICIAL DISTRICT FOR THE PARISH OF
11 ______________________________
12 No.: _____________ Division: "_______"
13 State of Louisiana
14 vs.
15 _______________________________________________________
16 MOTION FOR EXPUNGEMENT
17 NOW INTO COURT comes mover, who provides the court with the
18 following information in connection with this request:
19 I. DEFENDANT INFORMATION
20 NAME: ___________________________________________________________
21 (Last, First, MI)
22 DOB: ________/______/_______ (MM/DD/YYYY)
23 GENDER _____ Female _____Male
24 SSN (last 4 digits): XXX-XX-________
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1 RACE: _________________
2 DRIVER LIC.# _________________
3 ARRESTING AGENCY: __________________________________________
4 SID# (if available): _________________
5 ARREST NUMBER (ATN): _________________
6 AGENCY ITEM NO. _________________
7 Mover is entitled to expunge the record of his arrest/conviction pursuant to
8 Louisiana Code of Criminal Procedure Article 971 et seq. and states the following
9 in support:
10 II.ARREST INFORMATION
11 1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)
12 2. _____ YES _____ NO A supplemental sheet with arrests and/or
13 convictions is attached after page 2 of this
14 Motion.
15 3. Mover was:
16 _____ YES _____ NO Arrested, but it did not result in conviction
17 _____ YES _____ NO Convicted of and seeks to expunge a
18 misdemeanor
19 _____ YES _____ NO Convicted of and seeks to expunge a felony
20 _____ YES _____ NO Convicted but determined to be factually
21 innocent and entitled to compensation for a
22 wrongful conviction pursuant to the
23 provisions of R.S. 15:572.8.
24 4. Mover was booked and/or charged with the following offenses: (List each
25 offense booked and charged separately. Attach a supplemental sheet, if
26 necessary.)
27 ____ Yes ____ No ARRESTS THAT DID NOT RESULT IN CONVICT ION
28 NO. 1 La. Rev. Stat. Ann. § _______ : ________
29 Name of the offense __________________
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1 ( ) Time expired for prosecution__________________
2 (MM/DD/YYYY)
3 ( ) Not prosecuted for any offense
4 arising out of this charge.
5 ( ) Pre-trial Diversion Program.
6 ( ) DWI Pre-Trial Diversion Program
7 and 5 years have elapsed since the
8 date of arrest.
9 ( ) Charge dismissed
10 ( ) Found not guilty/judgment of acquittal
11 NO. 2 La. Rev. Stat. Ann. § _______ : ________
12 Name of the offense __________________
13 ( ) Time expired for prosecution__________________
14 (MM/DD/YYYY)
15 ( ) Not prosecuted for any
16 offense arising out of this charge.
17 ( ) Pre-trial Diversion Program.
18 ( ) Charge dismissed
19 ( ) Found not guilty/judgment of acquittal
20 NO. 3 La. Rev. Stat. Ann. § _______ : ________
21 Name of the offense __________________
22 ( ) Time expired for prosecution__________________
23 (MM/DD/YYYY)
24 ( ) Not prosecuted for any offense
25 arising out of this charge.
26 ( ) Pre-trial Diversion Program.
27 ( ) Charge dismissed
28 ( ) Found not guilty/judgment of acquittal
29 ____ Yes ____ NoMISDEMEANOR CONVICTIONS
30 NO. 1 La. Rev. Stat. Ann. § _______ : ________
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1 Name of the offense _________________
2 ( ) Conviction set aside/dismissed_____/____/_______
3 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY)
4 ( ) More than 5 years have passed
5 since completion of sentence.
6 NO. 2 La. Rev. Stat. Ann. § _______ : ________
7 Name of the offense _________________
8 ( ) Conviction set aside/dismissed_____/____/_______
9 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY)
10 ( ) More than 5 years have passed
11 since completion of sentence.
12 ____ Yes ____ NoFELONY CONVICTIONS
13 NO. 1 La. Rev. Stat. Ann. § _______ : ________
14 ( ) Conviction set aside/dismissed_____/____/_______
15 pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY)
16 ( ) More than 10 years have passed
17 since completion of sentence
18 ( ) Received a first offender pardon for an eligible offense
19 NO. 2 La. Rev. Stat. Ann. § _______ : ________
20 ( ) Conviction set aside/dismissed_____/____/_______
21 pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY)
22 ( ) More than 10 years have passed
23 since completion of sentence
24 ( ) Received a first offender pardon for an eligible offense
25 ____ Yes ____ NoOPERATING A MOTOR VEHICLE WHILE
26 INTOXICATED CONVICTIONS
27 Mover has attached the following:
28 ( )A copy of the proof from the Department of Public Safety and
29 Corrections, office of motor vehicles, that it has received from the
30 clerk of court a certified copy of the record of the plea, fingerprints
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1 of the defendant, and proof of the requirements set forth in C.Cr.P.
2 Art. 556, which shall include the defendant's date of birth, last four
3 digits of social security number, and driver's license number
4 5. Mover has attached to this Motion the following pertinent documents:
5 G Criminal Background Check from the La. State Police/Parish Sheriff
6 dated within the past 60 days (required).
7 G Bill(s) of Information (if any).
8 G Minute entry showing final disposition of case (if any).
9 G Certification Letter from the District Attorney for fee waiver (if
10 eligible).
11 G Certification Letter from the District Attorney verifying that the
12 applicant has no convictions or pending applicable criminal charges
13 in the requisite time periods.
14 G Certification Letter from the District Attorney verifying that the
15 charges were refused.
16 G Certification Letter from the District Attorney verifying that the
17 applicant did not participate in a pretrial diversion program.
18 G A copy of a first offender pardon.
19 G A copy of the order waiving the sex offender registration and
20 notification requirements.
21 G Documentation verifying that the mover has been employed for ten
22 consecutive years.
23 G A copy of the court order determination of factual innocence and
24 order of compensation for a wrongful conviction pursuant to the
25 provisions of R.S. 15:572.8 if applicable.
26 The Mover prays that if there is no objection timely filed by the arresting law
27 enforcement agency, the district attorney's office, or the Louisiana Bureau of
28 Criminal Identification and Information, that an order be issued herein ordering the
29 expungement of the record of arrest and/or conviction set forth above, including all
30 photographs, fingerprints, disposition, or any other such information, which record
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1 shall be confidential and no longer considered a public record, nor be made available
2 to other persons, except a prosecutor, member of a law enforcement agency, or a
3 judge who may request such information in writing, certifying that such request is
4 for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
5 purpose of any other statutorily defined law enforcement or administrative duties,
6 or for the purpose of the requirements of sex offender registration and notification
7 pursuant to the provisions of R.S. 15:541 et seq. or as an order of this Court to any
8 other person for good cause shown, or as otherwise authorized by law.
9 If an "Affidavit of No Opposition" by each agency named herein is attached
10 hereto and made a part hereof, Defendant requests that no contradictory hearing be
11 required and the Motion be granted ex parte.
12 Respectfully submitted,
13 ____________________________________
14 Signature of Attorney for Mover/Defendant
15 ____________________________________
16 Attorney for Mover/Defendant Name
17 ____________________________________
18 Attorney's Bar Roll No.
19 ____________________________________
20 Address
21 ____________________________________
22 City, State, ZIP Code
23 ____________________________________
24 Telephone Number
25 If not represented by counsel:
26 ____________________________________
27 Signature of Mover/Defendant
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1 ____________________________________
2 Mover/Defendant Name
3 ____________________________________
4 Address
5 ____________________________________
6 City, State, ZIP Code
7 ____________________________________
8 Telephone Number
9 * * *
10 Art. 992. Order of expungement form to be used
11 STATE OF LOUISIANA
12 JUDICIAL DISTRICT FOR THE PARISH OF
13 ______________________________
14 No.: ____________ Division: "_______"
15 State of Louisiana
16 vs.
17 _______________________________________________________
18 ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD
19 Considering the Motion for Expungement
20 G The hearing conducted and evidence adduced herein, OR
21 G Affidavits of No Opposition filed,
22 IT IS ORDERED, ADJUDGED AND DECREED
G THE MOTION IS DENIED for No(s). ___, , , , 23 ________ for the following
24 reasons (check all that apply):
25 G More than five years have not elapsed since Mover completed the
26 misdemeanor conviction sentence.
27 G More than ten years have not elapsed since Mover completed the
28 felony conviction sentence.
29 G Mover was convicted of one of the following ineligible felony
30 offenses:
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1 G A violation of the Uniform Controlled Dangerous Substances Law
2 which is ineligible to be expunged.
3 G An offense currently listed as a sex offense that requires registration
4 pursuant to R.S. 15:540 et seq., at the time the Motion was filed,
5 regardless of whether the duty to register was ever imposed.
6 G An offense defined or enumerated as a "crime of violence" pursuant
7 to R.S. 14:2(B) at the time the Motion was filed.
8 G The arrest and conviction being sought to have expunged is for
9 operating a motor vehicle while intoxicated and a copy of the proof
10 from the Department of Public Safety and Corrections, office of
11 motor vehicles, is not attached as required by C.Cr.P. Art. 984(A).
12 G Mover has had another record of misdemeanor conviction expunged
13 during the previous five-year period.
14 G The record of arrest and conviction which Mover seeks to have
15 expunged is for operating a motor vehicle while intoxicated and
16 Mover has had another record of arrest and misdemeanor conviction
17 expunged during the previous ten-year period.
18 G Mover has had another record of felony conviction expunged during
19 the previous fifteen-year period.
20 G Mover was convicted of a misdemeanor which arose from
21 circumstances involving a sex offense as defined in R.S. 15:541.
22 G Mover was convicted of misdemeanor offense of domestic abuse
23 battery which was not dismissed pursuant to C.Cr.P. Art. 894(B).
24 G Mover did not complete pretrial diversion.
25 G The charges against the mover were not dismissed or refused.
26 G Mover's felony conviction was not set aside and dismissed pursuant
27 to C.Cr.P. Art. 893(E).
28 G Mover's felony conviction was not set aside and dismissed pursuant
29 to C.Cr.P. Art. 894(B).
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1 G Mover completed a DWI pretrial diversion program, but five years
2 have not elapsed since the mover's date of arrest.
3 G Mover's conviction for felony carnal knowledge of a juvenile is not
4 defined as misdemeanor carnal knowledge of a juvenile had the
5 mover been convicted on or after August 15, 2001.
6 G Mover has not been employed for ten consecutive years as required
7 by C.Cr.P. Art. 978(E)(1)(d).
8 G Mover was not convicted of a crime that would be eligible for
9 expungement as required by C.Cr.P. Art. 978(E)(1).
10 G Mover has criminal charges pending against him.
11 G Mover was convicted of a criminal offense during the ten-year
12 period.
13 G Mover received a first offender pardon but for an ineligible offense.
14 G Mover did not receive a first offender pardon.
15 G Denial for any other reason provided by law with attached reasons for
16 denial.
17 G THE MOTION IS HEREBY GRANTED for No(s). ____________
18 and all agencies are ordered to expunge the record of arrest/conviction and any
19 photographs, fingerprints, or any other such information of any kind maintained in
20 connection with the Arrest(s)/Conviction(s) in the above-captioned matter, which
21 record shall be confidential and no longer considered a public record, nor be
22 available to other persons except a prosecutor, member of a law enforcement agency,
23 or a judge who may request such information in writing certifying that such request
24 is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
25 purpose of any other statutorily defined law enforcement or administrative duties,
26 or for the purpose of the requirements of sex offender registration and notification
27 pursuant to the provisions of R.S. 15:541 et seq. or upon an order of this Court to any
28 other person for good cause shown, or as otherwise authorized by law.
29 G THE MOTION IS HEREBY GRANTED FOR EXPUNGEMENT
30 BY REDACTION If the record includes more than one individual and the mover
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1 is entitled to expungement by redaction pursuant to Code of Criminal Procedure
2 Article 985, for No(s). ____________ and all agencies are ordered to expunge the
3 record of arrest/conviction and any photographs, fingerprints, or any other such
4 information of any kind maintained in relation to the Arrest(s)/Conviction(s) in the
5 above-captioned matter as they relate to the mover only. The record shall be
6 confidential and no longer considered a public record, nor be available to other
7 persons except a prosecutor, member of a law enforcement agency, or a judge who
8 may request such information in writing certifying that such request is for the
9 purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose
10 of any other statutorily defined law enforcement or administrative duties, or for the
11 purpose of the requirements of sex offender registration and notification pursuant to
12 the provisions of R.S. 15:541 et seq. or upon an order of this Court to any other
13 person for good cause shown, or as otherwise authorized by law.
14 NAME: _______________________________________________________
15 (Last, First, MI)
16 DOB:______/_____/______ (MM/DD/YY)
17 GENDER: _____ Female _____Male
18 SSN (last 4 digits):XXX-XX-_________
19 RACE: _________________
20 DRIVER LIC.# _________________
21 ARRESTING AGENCY: ______________________________________
22 SID# (if available):_________________
23 ARREST NUMBER (ATN): _________________
24 AGENCY ITEM NUMBER: _________________
25 ARREST DATE: ______/_____/______ (MM/DD/YY)
26 THUS ORDERED AND SIG NED this _____ day of _______________, 20____
27 at ________________________, Louisiana.
28 ___________________________________
29 JUDGE
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1 PLEASE SERVE:
2 1. District Attorney: ______________________________________________
3 2. Arresting Agency: _____________________________________________
4 3. Parish Sheriff:________________________________________________
5 4. Louisiana Bureau of Criminal Identification and Information___________
6 5. Attorney for Defendant (or defendant)_____________________________
7 6. Clerk of Court ____________________________
8 Art. 993. Supplemental forms to be used
9 SUPPLEMENTAL SHEET
10 ____ Yes ____ NoARRESTS THAT DID NOT RESULT IN CONVICTI ON
11 NO. ___ La. Rev. Stat. Ann. § _______ : ________
12 Name of the offense _________________
13 ( ) Time expired for prosecution _____/____/_______
14 (MM/DD/YYYY)
15 ( ) Charge refused by DA - not prosecuted.
16 ( ) Pre-trial Diversion Program.
17 ( ) Charge dismissed
18 ( ) Found not guilty/judgment of acquittal
19 NO. ___ La. Rev. Stat. Ann. § _______ : ________
20 Name of the offense _________________
21 ( ) Time expired for prosecution _____/____/_______
22 (MM/DD/YYYY)
23 ( ) Charge refused by DA - not prosecuted.
24 ( ) Pre-trial Diversion Program.
25 ( ) Charge dismissed
26 ( ) Found not guilty/judgment of acquittal
27 NO. ___ La. Rev. Stat. Ann. § _______ : ________
28 Name of the offense _________________
29 ( ) Time expired for prosecution _____/____/_______
30 (MM/DD/YYYY)
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1 ( ) Charge refused by DA - not prosecuted.
2 ( ) Pre-trial Diversion Program.
3 ( ) Charge dismissed
4 ( ) Found not guilty/judgment of acquittal
5 NO. ___ La. Rev. Stat. Ann. § _______ : ________
6 Name of the offense _________________
7 ( ) Time expired for prosecution _____/____/_______
8 (MM/DD/YYYY)
9 ( ) Charge refused by DA - not prosecuted.
10 ( ) Pre-trial Diversion Program.
11 ( ) Charge dismissed
12 ( ) Found not guilty/judgment of acquittal
13 NO. ___ La. Rev. Stat. Ann. § _______ : ________
14 Name of the offense _________________
15 ( ) Time expired for prosecution _____/____/_______
16 (MM/DD/YYYY)
17 ( ) Charge refused by DA - not prosecuted.
18 ( ) Pre-trial Diversion Program.
19 ( ) Charge dismissed
20 ( ) Found not guilty/judgment of acquittal
21 NO. ___ La. Rev. Stat. Ann. § _______ : ________
22 Name of the offense _________________
23 ( ) Time expired for prosecution _____/____/_______
24 (MM/DD/YYYY)
25 ( ) Charge refused by DA - not prosecuted.
26 ( ) Pre-trial Diversion Program.
27 ( ) Charge dismissed
28 ( ) Found not guilty/judgment of acquittal
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1 SUPPLEMENTAL SHEET
2 ____ Yes ____ NoMISDEMEANOR CONVICTIONS
3 NO. ___ La. Rev. Stat. Ann. § _______ : ________
4 Name of the offense _________________
5 ( ) Conviction set aside/dismissed_____/____/_______
6 (MM/DD/YYYY)
7 pursuant to C.Cr.P. Art. 894(B)
8 ( ) More than 5 years have passed
9 since completion of sentence.
10 NO. ___ La. Rev. Stat. Ann. § _______ : ________
11 Name of the offense _________________
12 ( ) Conviction set aside/dismissed_____/____/_______
13 (MM/DD/YYYY)
14 pursuant to C.Cr.P. Art. 894(B)
15 ( ) More than 5 years have passed
16 since completion of sentence.
17 NO. ___ La. Rev. Stat. Ann. § _______ : ________
18 Name of the offense _________________
19 ( ) Conviction set aside/dismissed_____/____/_______
20 (MM/DD/YYYY)
21 pursuant to C.Cr.P. Art. 894(B)
22 ( ) More than 5 years have passed
23 since completion of sentence.
24 NO. ___ La. Rev. Stat. Ann. § _______ : ________
25 Name of the offense _________________
26 ( ) Conviction set aside/dismissed_____/____/_______
27 (MM/DD/YYYY)
28 pursuant to C.Cr.P. Art. 894(B)
29 ( ) More than 5 years have passed
30 since completion of sentence.
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1 NO. ___ La. Rev. Stat. Ann. § _______ : ________
2 Name of the offense _________________
3 ( ) Conviction set aside/dismissed_____/____/_______
4 (MM/DD/YYYY)
5 pursuant to C.Cr.P. Art. 894(B)
6 ( ) More than 5 years have passed
7 since completion of sentence.
8 NO. ___ La. Rev. Stat. Ann. § _______ : ________
9 Name of the offense _________________
10 ( ) Conviction set aside/dismissed_____/____/_______
11 (MM/DD/YYYY)
12 pursuant to C.Cr.P. Art. 894(B)
13 ( ) More than 5 years have passed
14 since completion of sentence.
15 NO. ___ La. Rev. Stat. Ann. § _______ : ________
16 Name of the offense _________________
17 ( ) Conviction set aside/dismissed_____/____/_______
18 (MM/DD/YYYY)
19 pursuant to C.Cr.P. Art. 894(B)
20 ( ) More than 5 years have passed
21 since completion of sentence.
22 NO. ___ La. Rev. Stat. Ann. § _______ : ________
23 Name of the offense _________________
24 ( ) Conviction set aside/dismissed_____/____/_______
25 (MM/DD/YYYY)
26 pursuant to C.Cr.P. Art. 894(B)
27 ( ) More than 5 years have passed
28 since completion of sentence.
29 NO. ___ La. Rev. Stat. Ann. § _______ : ________
30 Name of the offense _________________
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1 ( ) Conviction set aside/dismissed_____/____/_______
2 (MM/DD/YYYY)
3 pursuant to C.Cr.P. Art. 894(B)
4 ( ) More than 5 years have passed
5 since completion of sentence.
6 SUPPLEMENTAL SHEET
7 ____ Yes ____ NoFELONY CONVICTIONS
8 NO. ___ La. Rev. Stat. Ann. § _______ : ________
9 Name of the offense _________________
10 ( ) Conviction set aside/dismissed_____/____/_______
11 (MM/DD/YYYY)
12 pursuant to C.Cr.P. Art. 893(E)
13 ( ) More than 10 years have passed
14 since completion of sentence
15 ( ) Received a first offender pardon for an eligible offense
16 NO. ___ La. Rev. Stat. Ann. § _______ : ________
17 Name of the offense _________________
18 ( ) Conviction set aside/dismissed_____/____/_______
19 (MM/DD/YYYY)
20 pursuant to C.Cr.P. Art. 893(E)
21 ( ) More than 10 years have passed
22 since completion of sentence
23 ( ) Received a first offender pardon for an eligible offense
24 NO. ___ La. Rev. Stat. Ann. § _______ : ________
25 Name of the offense _________________
26 ( ) Conviction set aside/dismissed_____/____/_______
27 (MM/DD/YYYY)
28 pursuant to C.Cr.P. Art. 893(E)
29 ( ) More than 10 years have passed
30 since completion of sentence
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1 ( ) Received a first offender pardon for an eligible offense
2 NO. ___ La. Rev. Stat. Ann. § _______ : ________
3 Name of the offense _________________
4 ( ) Conviction set aside/dismissed_____/____/_______
5 (MM/DD/YYYY)
6 pursuant to C.Cr.P. Art. 893(E)
7 ( ) More than 10 years have passed
8 since completion of sentence
9 ( ) Received a first offender pardon for an eligible offense
10 NO. ___ La. Rev. Stat. Ann. § _______ : ________
11 Name of the offense _________________
12 ( ) Conviction set aside/dismissed_____/____/_______
13 (MM/DD/YYYY)
14 pursuant to C.Cr.P. Art. 893(E)
15 ( ) More than 10 years have passed
16 since completion of sentence
17 ( ) Received a first offender pardon for an eligible offense
18 NO. ___ La. Rev. Stat. Ann. § _______ : ________
19 Name of the offense _________________
20 ( ) Conviction set aside/dismissed_____/____/_______
21 (MM/DD/YYYY)
22 pursuant to C.Cr.P. Art. 893(E)
23 ( ) More than 10 years have passed
24 since completion of sentence
25 ( ) Received a first offender pardon for an eligible offense
26 NO. ___ La. Rev. Stat. Ann. § _______ : ________
27 Name of the offense _________________
28 ( ) Conviction set aside/dismissed_____/____/_______
29 (MM/DD/YYYY)
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1 pursuant to C.Cr.P. Art. 893(E)
2 ( ) More than 10 years have passed
3 since completion of sentence
4 ( ) Received a first offender pardon for an eligible offense
5 NO. ___ La. Rev. Stat. Ann. § _______ : ________
6 Name of the offense _________________
7 ( ) Conviction set aside/dismissed_____/____/_______
8 (MM/DD/YYYY)
9 pursuant to C.Cr.P. Art. 893(E)
10 ( ) More than 10 years have passed
11 since completion of sentence
12 ( ) Received a first offender pardon for an eligible offense
13 NO. ___ La. Rev. Stat. Ann. § _______ : ________
14 Name of the offense _________________
15 ( ) Conviction set aside/dismissed_____/____/_______
16 (MM/DD/YYYY)
17 pursuant to C.Cr.P. Art. 893(E)
18 ( ) More than 10 years have passed
19 since completion of sentence
20 ( ) Received a first offender pardon for an eligible offense
21 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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