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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 115459
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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i recently (9/8/09) received a MOTION TO SET ASIDE AND DISMISSED

Customer Question

i recently (9/8/09) received a MOTION TO SET ASIDE AND DISMISSED PROSECUTION, PURSUANT TO ARTICLE 893 AS IT WAS WRITTEN BACK IN 8/19/92. I READ ONLINE THAT THE LAW 15:542.1 DUTY TO REGISTER STATES A "SET ASIDE" IS OFF THE HOOK TO REGISTER. I HAVE A COPY IN FRONT OF ME. BUT CANNOT FIND IT ON ANOTHER SITE. THIS SITE WAS A GOOGLE SEARCH FOR 15:542.1 "DUTY TO REGSTER" SECTION.
ANY ADVICE
THANKS RICH
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 7 years ago.
Under Art. 893, this is the expungement statute in LA, and once a case has been expunged the case is as though it never occurred and thus registration should no longer be required under RS 15:542.1. You need to file the 893 with the state registry and if they will not honor it, then you need to return to the court for them to issue an order to honor the dismissal/expungement.


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