Louisiana Children’s Code 926 – Affidavit of response form
Terms Used In Louisiana Children's Code 926
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Conviction: A judgement of guilt against a criminal defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
The following form shall be used for filing an affidavit of response to a motion for expungement and sealing in accordance with Article 919:
AFFIDAVIT OF RESPONSE
Pursuant to Children’s Code Article 919, the Respondent agency or office, ____________________, acknowledges the following:
{ } No Opposition. Respondent has no opposition to the motion and respectfully consents to waiver of the contradictory hearing.
{ } Opposition to the Motion of Expungement and Sealing with Reasons. Respondent respectfully requests a contradictory hearing.
As grounds for its objection, the Respondent asserts as follows:
{ } The court is still exercising jurisdiction.
{ } The adjudicated offense was for murder, manslaughter, an offense requiring registration as a sex offender under La. Rev. Stat. 15:542, kidnapping, or armed robbery and therefore a hearing is required by law.
{ }The adjudication was for a felony offense, and the applicant has an adult felony conviction.
{ }The adjudication was for a felony offense, and the applicant has an adult conviction for a misdemeanor against a person involving a firearm.
{ }The adjudication was for a felony offense, and the applicant has a pending indictment or bill of information filed against him.
Respectfully submitted,
_________________________________________
Name of Respondent/Signature of Attorney
_________________________________________
Address
_________________________________________
City/State/Zip
_________________________________________
Phone
PLEASE SERVE:
Parish of____________________
District Attorney______________
Clerk of Court_____________________
Sheriff______________________
Bureau of Criminal Identification and Information
Attn: Expungements
7919 Independence Blvd.
Baton Rouge, Louisiana 70806
and
_________________________________ ______________________________
Name of Agency Name of Agency
_________________________________ ______________________________
Attn:Attn:
_________________________________ _____________________________
AddressAddress
_________________________________ ______________________________
City/State/Zip City/State/Zip
Acts 2017, No. 362, §1.