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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
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Experience:  15 years practicing criminal defense.
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In 2008, I was charged with theft but I was not convicted of

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In 2008, I was charged with theft but I was not convicted of it because I completed a diversion program. The incident happen in December of 2008. What process do I need to complete in order to have this charge taken off of my criminal. I live in the state of Louisiana, and the incident happened in the state of Louisiana. I had no prior/preious criminal charged.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Barrister replied 6 years ago.

Hello,

 

You would need to get an "expungement" of the charge from your record. In adult cases, expungement for most misdemeanors is accomplished by filing a Motion for Expungement with the court in which the violation was prosecuted or to the district court located in the parish of the arrest if no prosecution was instituted. Practices vary from court to court. Some courts allow the motions to be filed without payment of court costs. Others require the payment of a filing fee. The clerk of the court will have a blank expungement form that you can complete and file.

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This is an example of the forms for the PARISH OF CALCASIEU:

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http://www.calclerkofcourt.com/files/forms/exp_sampleform.pdf

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http://www.calclerkofcourt.com/files/forms/exp_motion.pdf

 

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Once expunged, it is as if the charge never happened and you can legally state that you have never been charged with a criminal offense if this is the only thing on your record.

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thanks

Matt

 

 

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