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Nate
Nate, Lawyer
Category: Criminal Law
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Experience:  Over 10 years of criminal defense practice.
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i was arrested by warrant on a felony charge. the arresting

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i was arrested by warrant on a felony charge. the arresting agency did not send the complaint to the da's office for prosecution. I have spoken with the agency and they stated that they had decided not to have the case prosecuted. how do I get this off of my record.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

Under Louisiana law you are entitled to have the arrest record expunged as the district attorney has declined to prosecute. The law is found in RS 44:9, which can be located here

http://www.legis.state.la.us/lss/lss.asp?doc=99762

You would need to go to the parish where the prosecution would have taken place and file a motion for expungement. The court clerk will have a form for you to use. You will then be given a court date. Once the court is informed the district attorney has declined to prosecute an order of expungement will be entered which will then work to expunge your arrest record.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
Customer: replied 3 years ago.

ok I understand that, but the da has not necessarily declined prosecution, the fact is he doesn't have anything to prosecute, since the arresting agency refuses to send the case to him.

In that case, you need to get a letter from the arresting agency stating they have declined to pursue the case and include that with your motion to expunge. The district attorney will then go along with their decision.
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