ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 348
Regular Session, 2010
HOUSE BILL NO. 102
BY REPRESENTATIVE EDWARDS
AN ACT1
To amend and reenact R.S. 44:9(K)(2) and to enact R.S. 44:9(K)(3), relative to2
expungement of arrest records in misdemeanor and felony cases; to provide that no3
fee shall be charged in certain expungement cases; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 44:9(K)(2) is hereby amended and reenacted and R.S. 44:9(K)(3) is6
hereby enacted to read as follows: 7
ยง9. Records of violations of municipal ordinances and of state statutes classified as8
a misdemeanor or felony9
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K. The following applicants for expungement shall not be required to pay11
any fee to the clerk of court, the Bureau of Criminal Identification and Information,12
sheriff, the district attorney, or any other agency to obtain or execute an order of a13
court of competent jurisdiction to expunge the arrest from the individual's arrest14
record if a certification obtained from the district attorney is presented to the clerk15
of court which verifies that the applicant has no felony convictions and no pending16
felony charges under a bill of information or indictment and at least one of the17
following applies:18
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(2) The district attorney consents, and the case against the applicant was20
dismissed or the district attorney declined to prosecute the case prior to the time21
limitations prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure,22
and the applicant did not participate in a pretrial diversion program.23 ENROLLEDHB NO. 102
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) (3) The applicant was arrested and was never prosecuted within the time1
limitations prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure2
and did not participate in a pretrial diversion program.3
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: