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DUI Expungement in Louisiana

Louisiana does have an expungement process. R.S. 44:9(A)(2) states that a DUI can be expunged, but only if it is not the first or second violation, or the offender is underage. However the Louisiana Supreme Court has held that the first and second violation exception to be an unconstitutional denial of equal protection. Therefore, as otherwise stated in the statute, a person is entitled to relief if 1) the time limitation for the institution of prosecution of the offense has expired and no prosecution has been instituted, or 2) if a prosecution has been instituted and the proceedings were finally resolved by dismissal, sustaining a motion to quash, or an acquittal. A DUI deemed as a felony can also be expunged if the district attorney declines to prosecute or prosecution has been instituted but the proceeding has been disposed of by acquittal, dismissal, etc., and the record of arrest is without substantial probative value as a prior act for any subsequent prosecution.

In order to obtain an expungement for the first and/or second offense, the offender must file a motion with the court located in the parish where the arrest was made. For the third and any subsequent offense, because they are felonies, the offender must file a motion with the court located in the parish where the arrest was made and must ask for a “contradictory hearing” with the district attorney and the arresting law enforcement agency. Along with the motion, the district attorney and the law enforcement agency must be properly served. After the hearing, if the offender has proven he/she is entitled to an expungement, will then a judge grant an expungement.


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