Fill and Sign the Motion Set Aside Form

DOCKET NO. _______ _____________ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF _______________ , LOUISIANA STATE OF LOUISIANA VS _____________________________________ MOTION TO SET ASIDE AND DISMISS PROSECUTION On motion of Defendant, __________________________ , through the undersigned counsel, Social Security Number: _______________ , Date of Birth: _______ ___ , _____ , Sex: _______ , and upon showing the Court that he/she was convicted after entering a plea of guilty on _______ ___ , 20 ___ , to a violation of R.S. 14:98, which occurred on _______ ___ , 20 ___ , and on further showing that he/she was ordered on _______ ___ , 20 ___ , to pay fine and costs of __________________________ AND ___ /100 ($ _______ ) DOLLARS, and serve a period of _______________ ( ___ ) days in the Parish Jail, said days suspended upon good behavior, and compliance with conditions of unsupervised probation for _____________ ( ___ ) year(s), and that the defendant has completed the probationary period and complied with all conditions of probation and has not been convicted of any other offense during the period of the suspended sentence and probation and that, pursuant to Article 894 of the Louisiana Code of Criminal Procedure, the Court may therefore set that said conviction aside and dismiss the prosecution and that the Assistant District Attorney has no opposition to this motion as evidence by the signature below: IT IS HEREBY ORDERED AND DECREED that the conviction against the Defendant, _______________ , DOB: _______ ___ , _____ , Driver = s License Number: _______ , Social Security Number: _______________ , under the above referenced Docket Number is hereby set aside, except the fine and Court costs previously paid which shall be considered forfeited, and the prosecution is hereby dismissed. ORDERED this _______ day of __________________________, 20 ___ , at _______________ , Louisiana. ______________________________ _______________________________ DISTRICT JUDGE _______ JUDICIAL DISTRICT COURT __________________ ______ ________________________ Attorney for Defendant _______________________________ __ ASSISTANT DISTRICT ATTORNEY DOCKET NO. _______ ______________ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF ________________ , LOUISIANA STATE OF LOUISIANA VS _____________________________ ORDER OF EXPUNGEMENT On motion of ______________________ , Social Security Number _______________ , Date of Birth: _______ ___ , _____ , Sex: _______ , Race: _______ , through the undersigned counsel, upon considering the foregoing petition, and the law and evidence being in favor of Defendant, pursuant to L.R.S. 44:9; IT IS ORDERED, ADJUDGED AND DECREED that all agencies and law enforcement officers having any record of the arrest, whether on microfilm, computer card or tape, and on any other photographic, electronic or mechanical method of storing data, expunge any record of arrest, photograph, fingerprint or any information of any and all kinds or descriptions relating to this charge. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Custodian of such records file a sworn affidavit in the District Court, Parish of ____________ , State of Louisiana, that all records have been expunged and that no notations or reference have been retained in the agency = s central repository which will or might lead to the showing that any records were on file with any agency or law enforcement office. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the issuing agency be entitled to keep a copy of their affidavit to this Court but said affidavit shall not be a public record or open for public inspection, but rather kept under lock and key and maintained only for internal record keeping purposes to reserve the integrity of said agency = s files and shall not be used for any investigatory purposes. ORDERED this ________ day of __________________, 20 ___ , at _______________ , Louisiana. ______________________________ ______________________________ DISTRICT JUDGE _______ JUDICIAL DISTRICT JUDGE ______________________________ ____________________________ Attorney for Defendant ______________________________ ASSISTANT DISTRICT ATTORNEY