Filing for a Motion for Acquittal and for Expungement
The Office of the Beauregard Parish Clerk of Court will provide an individual with a blank form of a Motion for Expungement to be completed. There are two type of Expungements that may be filed: 1) Motion for Expungement - This form will be used for any arrest charge or a charge that has been rejected, dismissed, nolle procesequi outright or worthless checks. 2) Motion of Judgment of Acquittal and For Expungement - This form is to be used if you were given a sentence for your charge. Your sentencing minutes must reflect that you were sentenced either under Article 893 or 894. If you were not sentenced under one of these Articles you will need to consult an Attorney of Law for assistance. You will need to have the Office of the Beauregard District Attorney review and sign your Motion. If approved, you will then present your Motion to a 36th Judicial District Judge for review and signature. The Office of the Beauregard Parish Clerk of Court will then file and process your Motion and Order once you have all of the required fees and documentation. The length of time to be allowed for all agencies to complete the process of Expungement is approximately 4 weeks to 6 months.
The Clerk of Court will only have records of those individuals that were processed through the 36th Judicial Court System. There may be some cases where you may not be in our records but will need to file an Expungement with us. Please contact our office for further information.
If you pled Guilty and you were sentenced under Article 893 or Article 894 you will need to apply for a Motion for Judgment of Acquittal and for Expungement. You will need to check your court minutes in order to find this information. If you plead guilty and were not sentenced under Code of Criminal Procedure 893 or 894 you are not eligible for an Expungement of your record, you will need to contact an Attorney of Law for further assistance.
If your charges were dismissed, rejected, nolle prosequi outright or an arrest or charge only you will need to complete the form Motion for Expungement. You will need to follow the same instructions to process this form.
You must have completed all Probation and/or Community Service sentences before you can apply for an Expungement. If you were sentenced to any probation time or community service you will need to provide our office with a letter or certificate showing proof of completion. If you were sentenced to supervised probation you will need to contact the Office of Probation and Parole. (Attach this information to your Motion for Expungement).
You must know the arresting agency and the arrest date or charge date. All agencies will go by the arrest or charge date. (Check your record for Bill of Information for date of offence or contact the agency that arrested you.)
If you were assigned a Court docket number, we will need this information.
If you are unsure of this information, you will need to go to the Criminal Records Department of the Clerk of Court. You will need to obtain a Criminal Background Check. On any case that you wish to file for an Expungement you will need to get a copy of the Bill of Information and a copy of your sentencing minutes. There will be a fee charged for the Criminal Background Check as well as any copies obtained. If your charge is before the year 2009 you will need to do a manual search in the index books of the Criminal Records Department.
Our office will notify the following agencies: FBI, Louisiana State Police, Beauregard Parish Sheriff's Office, DeRidder Police Department and Beauregard Parish District Attorney's Office. If another agency was involved you will need to provided us with its name and address. The Department of Motor Vehicles will be notified when a charge applies to them. (See DWI information on next page)
Our office cannot complete these forms for you, if you feel you can not do this on your own, you will need to contact an Attorney at Law for assistance.
3 separate money orders: Money Orders Only
$250.00 to Dept of Public Safety and Corrections
$200.00 to Clerk of Court
$50.00 to District Attorney
$50.00 to Beauregard Parish Sherriff Office
In the event of DWI Conviction; $50.00 to Office of Motor Vehicles, State of Louisiana