2016 Louisiana Laws
Code of Criminal Procedure
CCRP 980 - Contradictory hearing

Art. 980. Contradictory hearing

            A. Any entity named in Article 979 of this Code that receives notice of the motion may object to the granting of a motion to expunge a record.

            B.(1) Except as provided in Subparagraph (2) of this Paragraph, an objecting party shall file an affidavit of response with reasons for the objection in the record with service to the defendant within sixty days from the date of service of the motion and specifically state the grounds for the objection.

            (2) If the Louisiana Bureau of Criminal Identification and Information objects to the granting of the motion to expunge a record, it shall file an affidavit of response with reasons for the objection in the record with service to the defendant within one hundred and twenty days from the date of the service of the motion until August 1, 2015. On August 1, 2015, and thereafter, if the Louisiana Bureau of Criminal Identification and Information objects to the granting of the motion to expunge a record, it shall file an affidavit of response with reasons for the objection in the record with service to the defendant within sixty days from the date of the service of the motion.

            C. The court may grant an extension of time to file an objection not to exceed thirty days from the expiration of the original sixty days for a party to object.

            D. Any objection timely filed shall have a contradictory hearing. If an objection is timely filed, the district attorney or an objecting party shall request that the matter be set for a contradictory hearing. A notice of hearing shall be served on the defendant and those persons provided for in Article 979 of this Code.

            E. The objecting agency must show by a preponderance of the evidence why the motion of expungement should not be granted.

            F. If no objection is filed by an agency listed under Article 979 of this Code, the defendant may waive the contradictory hearing, and the court shall grant the motion to expunge the record if the court determines that the mover is entitled to the expungement in accordance with law.

            G. Any agency listed under Article 979 of this Code may expressly waive its time period to object by filing a formal "No Opposition" into the record.

            Acts 2014, No. 145, §1; Acts 2015, No. 200, §1.