STATE OF LOUISIANA

NUMBER: 92-CR-040555 SECTION: I 20TH JUDICIAL DISTRICT COURT

VERSUS PARISH OF EAST FELICIANA MICHAEL DEDON STATE OF LOUISIANA

*************************************************************************** MOTION FOR DISMISSAL *************************************************************************** NOW INTO COURT, through undersigned counsel, comes MICHAEL DEDON, who, for purposes of this Motion, respectfully represents the following: 1. Movant was arrested on the alleged misdemeanor charge of Issuing Worthless Checks, in violation of La. R.S. 14:71. Movant avers that he was not prosecuted for this offense. Further, Movant shows there has been no conviction for this charge thereby resulting in any conviction for the above and foregoing alleged offense. WHEREFORE, MICHAEL DEDON, prays that in accordance with the proofs adduced before this Court and in accordance with law, the prosecution initiated and arrest and/or conviction obtained herein be set aside and the prosecution be dismissed.

RESPECTFULLY SUBMITTED: ROTHKAMM LAW FIRM, L.L.C. 982 Government Street Baton Rouge, Louisiana 70802 Telephone: (225) 336-0056

BY: ____________________________________ C. JAMES ROTHKAMM, JR. La. Bar Roll No.: 20350

STATE OF LOUISIANA

NUMBER: 92-CR-040555 SECTION: I 20TH JUDICIAL DISTRICT COURT

VERSUS PARISH OF EAST FELICIANA MICHAEL DEDON STATE OF LOUISIANA

ORDER PREMISES CONSIDERED, it is ORDERED that the District Attorney for the Twentieth Judicial District, Parish of East Feliciana, show cause on the ___ day of ____________, 2010, at ____ oclock a.m./p.m. why the above and foregoing Motion to Dismiss should not be granted. THUS DONE AND SIGNED at in the City of Clinton, Parish of East Feliciana, State of Louisiana this ___ day of _______________, 2010.

______________________________________ Judge, 20th Judicial District Court

PLEASE SERVE: District Attorney Twentieth Judicial District Parish of East Feliciana State of Louisiana

STATE OF LOUISIANA

NUMBER: 92-CR-040555 SECTION: I 20TH JUDICIAL DISTRICT COURT

VERSUS PARISH OF EAST FELICIANA MICHAEL DEDON STATE OF LOUISIANA

ORDER PREMISES CONSIDERED, it is ORDERED, ADJUDGED AND DECREED that the Motion of Movant be, and judgment is rendered herein dismissing the arrest and prosecution. THUS DONE AND SIGNED in the City of Clinton, Parish of East Feliciana, State of Louisiana, on this ____ day of _____________, 2010.

_________________________________ Judge, 20th Judicial District Court

STATE OF LOUISIANA

NUMBER: 92-CR-040555 SECTION: I 20TH JUDICIAL DISTRICT COURT

VERSUS PARISH OF EAST FELICIANA MICHAEL DEDON STATE OF LOUISIANA

*************************************************************************** MOTION TO EXPUNGE NOW INTO COURT, through undersigned counsel, comes Movant, MICHAEL DEDON, who for the purposes of this Motion to Expunge respectfully represents the following: 1. On the 18th day of April, 1999, Movant was arrested on the alleged misdemeanor charge of Issuing Worthless Checks, in violation of La. R.S. 14:27. Movant avers that he was not prosecuted for this offense. Further, Movant shows there has been no conviction for this charge thereby resulting in any conviction for this charge thereby resulting in any conviction for the above and foregoing alleged offense as evidence by the Motion for Dismissal, which is attached hereto and made part hereof of Exhibit A. 2. Mover shows that pursuant to La. R.S. 44:9 (B), he desires and is entitled to an order issued from this Court directing that all of the records relating to the arrest of MICHAEL DEDON, be expunged and further that the custodians of such records be required to file a sworn affidavit to the effect that the records have been destroyed and that no notations or references have been retained in the agencys central repository which will or might lead to the inference that any record ever was on file with any agency or law enforcement office. 3. Mover specifically requests orders directed to the following officials and agencies for expungement of the requested record and information: A. Samuel C. DAquilla, District Attorney East Feliciana Parish Courthouse 12305 St. Helena Street Courthouse Square P.O. Box 8428 Clinton, Louisiana 70722 David Dart, Clerk of Court East Feliciana Parish Courthouse 12305 St. Helena Street Courthouse Square P.O. Box 8428 4

B.

Clinton, Louisiana 70722 C. FBI-Expungement Division CJIS Division 1000 Custer Hollow Road Clarksburge, WV 26301 Talmadge Bunch, Sheriff of East Feliciana Parish East Feliciana Parish Courthouse East Feliciana Sheriff's Office 11315 Bank Street P. O. Box 207 Clinton, LA 70722 Warden, Warden of . Address of warden Clinton, La. 70722 Capt. ___, Louisiana State Police Bureau of Identification Criminal Records Section 265 South Foster Street Baton Rouge, Louisiana 70896 Louisiana Department of Public Safety and Corrections P.O. Box 64886 Baton Rouge, Louisiana 70896 ____, Chief of Police (Q: what about justices of the peace police?) City Police Department Address Clinton, Louisiana 70722

D.

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WHEREFORE, CLIENT PRAYS that this Motion to Expunge be granted and that in accordance therewith an order issue directing that the record of arrest in the within captioned matter be destroyed in accordance with La. R.S. 44:9 (B); PRAYS FURTHER, IN THE ALTERNATIVE, that this Motion to Expunge be set for hearing contradictorily with the District Attorney for the 20th Judicial District, East Feliciana Parish, and the Department of Public Safety and Corrections and that after hearing on same be had, an order issue directing that the record of arrest and all tangible items related thereto, including, but not limited to photographs, fingerprints and DNA samples, of the within captioned matter be expunged in accordance with Louisiana Revised State 44:9 (B). RESPECTFULLY SUBMITTED: ROTHKAMM LAW FIRM, L.L.C. 982 Government Street Baton Rouge, Louisiana 70802 Telephone: (225) 336-0056

BY: ____________________________________ C. JAMES ROTHKAMM, JR. La. Bar Roll No.: 20350 PLEASE SERVE: 5

STATE OF LOUISIANA

NUMBER: 92-CR-040555 SECTION: I 20TH JUDICIAL DISTRICT COURT

VERSUS PARISH OF EAST FELICIANA MICHAEL DEDON STATE OF LOUISIANA

*************************************************************************** ORDER PREMISES CONSIDERED, it is ORDERED that the District Attorney for the 20th Judicial District, East Feliciana Parish, the Louisiana Department of Safety and Corrections, and the Bureau of Identification, Criminal Records Section show cause on the ____ day of ____________, 2010, at ________ oclock a.m./p.m., why the above and foregoing Motion to Expunge should not be granted. THUS DONE AND SIGNED at City of Clinton, Parish of East Feliciana, State of Louisiana, this _____ day of __________________, 2010.

_____________________________________ Judge, 20th Judicial District

STATE OF LOUISIANA

NUMBER: 92-CR-040555 SECTION: I 20TH JUDICIAL DISTRICT COURT

VERSUS PARISH OF EAST FELICIANA MICHAEL DEDON STATE OF LOUISIANA

*************************************************************************** JUDGMENT OF EXPUNGEMENT This cause came on for consideration on the Rule of the above captioned defendant for expungement and destruction of the record of arrest of said defendant whose full name is MICHAEL DEDON, who sex is MALE, whose race is WHITE, whose birthday is January 19, 1963, whose Social Security Number is xxx-xxx-xxxx. The Court after considering the record of this proceeding, it is hereby FURTHER ORDERED, ADJUDGED AND DECREED that all agencies and law enforcement officers, including but not limited to.. Samuel ..

A.

are hereby ordered and commanded to expunge any record of arrest, within thirty (30) days from receipt of this Judgment, whether on microfilm, computer card or tape, or any other photographs, fingerprints, DNA samples or evidence thereof, or any other information of any and all kinds or description of the Petitioners 18th day of April, 1999, arrest for the crimes of .. Furthermore, that the custodian of the records or the respective persons or agencies file with this Court a sworn affidavit to the effect that such records have been expunged and that no notations or references have been retained or otherwise maintained in the agencies central repository which will or which might lead to the inference that any record ever was or has been on file with such agency. FURTHER ORDERED, ADJUDGED AND DECREED, that the Movant herein shall not disclose, under any circumstance, that he was or has been arrested, charged, or otherwise made a Defendant in any criminal proceeding relative to this matter. JUDGMENT RENDERED AND SIGNED this ____ day of ______________, 2010, at the City of Clinton, Parish of East Feliciana, State of Louisiana.

__________________________________ Judge, 20th Judicial District Court PLEASE SERVE:

STATE OF LOUISIANA

NUMBER: 92-CR-040555 SECTION: I 20TH JUDICIAL DISTRICT COURT

VERSUS PARISH OF EAST FELICIANA MICHAEL DEDON STATE OF LOUISIANA

************************************************************************ VERIFICATION ************************************************************************ STATE OF LOUISIANA PARISH OF EAST BATON ROUGE

BEFORE ME, the undersigned authority personally came and appeared: MICHAEL DEDON who, being by me first duly sworn did depose and state that: As the movant in the foregoing Motion for Expungement, he has read the allegations set forth therein and states that said allegations are true and correct to the best of his knowledge, information and belief.

______________________________ MICHAEL DEDON

SWORN TO AND SUBSCRIBED before me, notary, this ___ day of ____________, 2010.

______________________________ NOTARY PUBLIC

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