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ACT No. 355
Regular Session, 2010
HOUSE BILL NO. 180
BY REPRESENTATIVES ROY, POPE, AND JANE SMITH
AN ACT1
To amend and reenact R.S. 15:587.1(B) and R.S. 44:9(F), (G), and (I) and to enact R.S.2
15:587(A)(1)(f), relative to criminal records; to amend provisions regarding criminal3
background checks; to provide entities with access to criminal history information;4
to provide for the type of information available to those entities; to provide for5
confidentiality; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:587.1(B) is hereby amended and reenacted and R.S.8
15:587(A)(1)(f) is hereby enacted to read as follows:9
§587. Duty to provide information; processing fees; Louisiana Bureau of Criminal10
Identification and Information11
A.(1)12
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(f)(i) If the request for information and records is made to the bureau by any14
eligible criminal justice agency, the bureau shall include in its report any information15
concerning arrests and convictions of an individual, including convictions in which16
a judgment of dismissal of the prosecution was granted pursuant to the provisions of17
Articles 893 and 894 of the Code of Criminal Procedure.18
(ii)(aa) When an individual's record contains information which has been19
expunged, the bureau shall include in its report to the requesting entity the date of20
the arrest and a notation that the individual's record contains information which has21
been expunged and that the requesting entity may contact the bureau in order to22
obtain further information regarding the expunged information.23
(bb) The bureau shall establish policies and procedures by which the entities24
enumerated in this Subparagraph may be furnished with expunged information.25 ENROLLEDHB NO. 180
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These policies and procedures shall not require the requesting entity to personally1
appear at the office of the bureau in order to obtain access to the expunged2
information.3
(cc) The requesting entity, upon receiving the expunged information, shall4
maintain the confidentiality of the information as provided by law, and the expunged5
information shall not be deemed a public record.6
(dd) The information may be used or admitted as evidence in any court7
proceeding or employment or disciplinary hearing in which the receiving agency is8
an authorized participant.9
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§587.1. Provision of information to protect children11
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B.(1) Upon receiving a request pursuant to the provisions of R.S. 17:15, and13
R.S. 46:51.2 when authorized by R.S. 15:587, that meets the requirements of14
Subsection A of this Section, the bureau of criminal identification and information15
shall survey its criminal history records and identification files and make a16
simultaneous request of the Federal Bureau of Investigation for like information17
from other jurisdictions. The bureau of criminal identification and information shall18
provide a report promptly and in writing, but provide only such information as is19
necessary to specify whether or not that person has been arrested for or convicted of20
or pled nolo contendere to any crime or crimes, the crime or crimes of which he has21
been arrested for or convicted or to which he has pled nolo contendere, and the date22
or dates on which they occurred. The report provided pursuant to the provisions of23
this Subsection shall include arrests, convictions, or other dispositions, including24
convictions dismissed pursuant to Code of Criminal Procedure Articles 893 and 894.25
(2)(a) When an individual's record contains information which has been26
expunged, the bureau shall include in its report to the requesting person or entity the27
date of the arrest and a notation that the individual's record contains information28
which has been expunged and that the requestor may contact the bureau in order to29
obtain further information regarding the expunged information.30 ENROLLEDHB NO. 180
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(b) The bureau shall establish policies and procedures by which the persons1
and entities enumerated in this Section may be furnished with expunged information.2
These policies and procedures shall not require the requesting person or entity to3
personally appear at the office of the bureau in order to obtain access to the4
expunged information.5
(c) The requesting person or entity, upon receiving the expunged6
information, shall maintain the confidentiality of the information as provided by law,7
and the expunged information shall not be deemed a public record.8
(d) The information may be used or admitted as evidence in any court9
proceeding or employment or disciplinary hearing in which the receiving person or10
entity is an authorized participant.11
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Section 2. R.S. 44:9(F), (G), and (I) are hereby amended and reenacted to read as13
follows:14
§9. Records of violations of municipal ordinances and of state statutes classified as15
a misdemeanor or felony16
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F. For investigative purposes only, the Department of Public Safety and18
Corrections may maintain a confidential, nonpublic record of the arrest and19
disposition. The information contained in this record may be released, upon Upon20
specific request therefor and on a confidential basis, the information contained in this21
record may be released to the following entities who shall maintain the22
confidentiality of such record: to any law enforcement agency, criminal justice23
agency, the Louisiana State Board of Medical Examiners, the Louisiana State Board24
of Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of25
Examiners of Psychologists, the Emergency Medical Services Certification26
Commission, Louisiana Attorney Disciplinary Board, Office of Disciplinary27
Counsel, or the Louisiana Supreme Court Committee on Bar Admissions, or any28
person or entity requesting a record of all criminal arrests and convictions pursuant29
to R.S. 15:587.1. The receiving law enforcement agency, criminal justice agency,30 ENROLLEDHB NO. 180
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the Louisiana State Board of Medical Examiners, the Louisiana State Board of1
Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of2
Examiners of Psychologists, the Emergency Medical Services Certification3
Commission, the Louisiana Attorney Disciplinary Board, Office of Disciplinary4
Counsel, or the Louisiana Supreme Court Committee on Bar Admissions shall5
maintain the confidentiality of such record.6
G. "Expungement" means removal of a record from public access but does7
not mean destruction of the record. An expunged record is confidential, but remains8
available for use by law enforcement agencies, criminal justice agencies, the9
Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing,10
the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of11
Psychologists, the Emergency Medical Services Certification Commission, the12
Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, or the13
Louisiana Supreme Court Committee on Bar Admissions, or any person or entity14
requesting a record of all criminal arrests and convictions pursuant to R.S. 15:587.1.15
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I. Except to those agencies entities listed in Subsection G of this Section, no17
person whose record of arrest and conviction has been expunged pursuant to the18
provisions of this Section shall be required to disclose that he was arrested or19
convicted for the subject offense or that the record of the arrest and conviction has20
been expunged, unless otherwise provided in this Section.21
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: