HLS 10RS-1418 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 927
BY REPRESENTATIVE GALLOT
CRIMINAL/RECORDS: Provides for expungement for certain offenses under certain
circumstances
AN ACT1
To enact R.S. 44:9(A)(5), relative to the expungement of certain criminal records; to2
authorize the expungement of certain misdemeanor conviction records under certain3
circumstances; to provide relative to the motion for expungement; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 44:9(A)(5) is hereby enacted to read as follows: 7
§9. Records of violations of municipal ordinances and of state statutes classified as8
a misdemeanor or felony9
A.10
* * *11
(5)(a) Any person who has been convicted for the violation of a municipal12
or parish ordinance or for violation of a state statute which is classified as a13
misdemeanor may make a written motion to the district, parish, or city court in14
which the violation was prosecuted or to the district court located in the parish in15
which he was arrested, for expungement of the arrest record if five or more years has16
elapsed between the date of the motion and the successful completion of any17
sentence, deferred adjudication, or period of probation or parole.18 HLS 10RS-1418 ORIGINAL
HB NO. 927
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) The motion for expungement shall include a certification obtained from1
the district attorney which verifies that the applicant has no felony convictions and2
no pending misdemeanor or felony charges under a bill of information or indictment.3
(c) If, after a contradictory hearing with the district attorney and the arresting4
law enforcement agency, the court finds that the mover is entitled to the relief sought5
for the above reasons, it shall order all law enforcement agencies to expunge the6
record of the same in accordance with the provisions of this Paragraph; however,7
nothing in this Paragraph shall limit or impede the authority under law to consider8
prior arrests or convictions in pursuing prosecution under multiple offender9
provisions or impede the investigation of any law enforcement official seeking to10
ascertain or confirm the qualifications of any person for any privilege or license11
authorized by law.12
* * *13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Gallot HB No. 927
Abstract: Authorizes the expungement of certain misdemeanor conviction records under
certain circumstances.
Present law provides for the expungement of certain arrest records for misdemeanor and
felony offenses under certain conditions.
Proposed law retains the provisions of present law and further provides that any person who
has been convicted for the violation of a municipal or parish ordinance or for violation of
a state statute which is classified as a misdemeanor may make a written motion to the
district, parish, or city court in which the violation was prosecuted or to the district court
located in the parish in which he was arrested, for expungement of the arrest record if five
or more years has elapsed between the date of the motion and the successful completion of
any sentence, deferred adjudication, or period of probation or parole.
Proposed law further provides that the motion for expungement shall include a certification
obtained from the district attorney which verifies that the applicant has no felony convictions
and no pending misdemeanor or felony charges under a bill of information or indictment.
Proposed law provides that if, after a contradictory hearing with the district attorney and the
arresting law enforcement agency, the court finds that the mover is entitled to the relief
sought for the above reasons, it shall order all law enforcement agencies to expunge the
record. HLS 10RS-1418 ORIGINAL
HB NO. 927
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that it shall not limit or impede the authority under law to consider
prior arrests or convictions in pursuing prosecution under multiple offender provisions or
impede the investigation of any law enforcement official seeking to ascertain or confirm the
qualifications of any person for any privilege or license authorized by law.
(Adds R.S. 44:9(A)(5))