Section 5: Request for rectification, deletion or restriction of the obligation to submit data

The competent public prosecutor, pursuant to the provisions of Article 706-53-10, to order, at the request of the person concerned, the rectification or deletion of the information contained in the file or the limitation to six months or one year of the obligation to report is that of the last court that handed down a conviction that resulted in the person concerned being entered in the file. In the event…

The competent magistrate must inform the interested party of his decision by registered letter with acknowledgement of receipt within two months of receipt of the request. This period is extended to four months if an expert opinion is ordered. Failing a response within this period, or if the magistrate does not grant the request, the interested party may refer the matter to the juge des libertés et de la détention…

After requesting the public prosecutor’s written submissions, the liberty and custody judge makes a reasoned decision within two months. This period is extended to four months if an expert opinion is ordered. The order is notified to the public prosecutor and by registered letter with acknowledgement of receipt to the interested party.

If the liberty and custody judge fails to rule within the time limit set in Article R. 53-8-29 or if his request is not granted, the interested party may, within a period of ten days, refer the matter to the President of the Examining Magistrate’s Court by registered letter with acknowledgement of receipt or by filing a declaration with the clerk of the Court of Appeal. The objection must be…

If the request is granted, the public prosecutor may, within ten days, contest this decision before the president of the investigating chamber. This challenge suspends the execution of the decision.

The President of the Examining Magistrate’s Chamber, after requesting written submissions from the Public Prosecutor, makes a reasoned order within two months. This period is extended to four months if an expert opinion is ordered. This order is notified to the Public Prosecutor and by registered letter with acknowledgement of receipt to the interested party. It may only be appealed to the Supreme Court if it does not satisfy, in…

If the requests provided for in Article 706-53-10, the public prosecutor shall inform the department managing the file of the decision, which shall immediately proceed, depending on the case, to delete the data, rectify it or record the new frequency of the obligation to appear in the file.