HLS 10RS-1418 ENGROSSED
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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, a traffic violation, or for violation of a state statute which is13
classified as a misdemeanor may make a written motion to the district, parish, or city14
court in which the violation was prosecuted or to the district court located in the15
parish in which he was arrested, for expungement of the arrest record if five or more16
years has elapsed between the date of the motion and the successful completion of17
any sentence, deferred adjudication, or period of probation or parole.18
Notwithstanding the provisions of Code of Criminal Procedure Article 892.1 or 894,19
or any other provision of law to the contrary regarding the set aside of a conviction20 HLS 10RS-1418 ENGROSSED
HB NO. 927
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are additions.
or the dismissal of a prosecution, an expungement shall occur only once with respect1
to any person during a five-year period, except in the case of a misdemeanor offense2
of operating a vehicle while intoxicated which may occur only once with respect to3
any person during a ten-year period.4
(b) The motion for expungement shall include a certification obtained from5
the district attorney which verifies that the applicant has no felony convictions and6
no pending misdemeanor or felony charges under a bill of information or indictment.7
(c) If, after a contradictory hearing with the district attorney and the arresting8
law enforcement agency, the court finds that the mover is entitled to the relief sought9
for the above reasons, it shall order all law enforcement agencies to expunge the10
record of the same in accordance with the provisions of this Paragraph; however,11
nothing in this Paragraph shall limit or impede the authority under law to consider12
prior arrests or convictions in pursuing prosecution under multiple offender13
provisions or impede the investigation of any law enforcement official seeking to14
ascertain or confirm the qualifications of any person for any privilege or license15
authorized by law.16
* * *17
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, traffic ordinance,
or for a 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. HLS 10RS-1418 ENGROSSED
HB NO. 927
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law further provides that an expungement shall occur only once with respect to
any person during a five-year period, except for the misdemeanor offense of operating a
vehicle while intoxicated which may occur only once with respect to any person during a 10-
year period.
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.
Proposed law provides that proposed law 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))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Added violations of traffic ordinances to proposed law.
2. Added that an expungement shall occur only once with respect to any person
during a five-year period, except for the misdemeanor offense of operating a
vehicle while intoxicated which may occur only once with respect to any person
during a 10-year period.