ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 609
Regular Session, 2010
HOUSE BILL NO. 927
BY REPRESENTATIVE GALLOT
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
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(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
or the dismissal of a prosecution, an expungement shall occur only once with respect21
to any person during a five-year period, except in the case of a misdemeanor offense22
of operating a vehicle while intoxicated which may occur only once with respect to23
any person during a ten-year period.24 ENROLLEDHB NO. 927
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are additions.
(b) No person shall be entitled to an expungement if the misdemeanor1
conviction arose from circumstances involving a sexual act or act of domestic2
violence.3
(c) The motion for expungement shall include a certification obtained from4
the district attorney which verifies that, to his knowledge, the applicant has no felony5
convictions and no pending misdemeanor or felony charges under a bill of6
information or indictment.7
(d) 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 but not10
destroy the record of the same in accordance with the provisions of this Paragraph;11
however, nothing in this Paragraph shall limit or impede the authority under law to12
consider 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
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: