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words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 406
BY SENATOR MCPHERSON
CRIMINAL RECORDS. Amends provisions regarding criminal background checks.
(8/15/10)
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 provide for criminal background3
checks; to provide for certain entities' access to expunged records; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:587.1(B) is hereby amended and reenacted and R.S.7
15:587(A)(1)(f) is hereby enacted to read as follows:8
§587. Duty to provide information; processing fees; Louisiana Bureau of Criminal9
Identification and Information10
A.(1) * * *11
(f) If the request for information and records is made to the bureau by12
eligible criminal justice agencies, the office of the attorney general, or the13
various district attorneys' offices of the State of Louisiana, the bureau shall14
include in its report any information concerning arrests and convictions of an15
individual, including convictions in which a judgment of dismissal of the16
prosecution was granted under the provisions of Article 893 and 894 of the17 SB NO. 406
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words in boldface type and underscored are additions.
Louisiana Code of Criminal Procedure, and said information shall be included1
regardless of the entry of a judgment of expungement under R.S. 44:9 or any2
similar expungement statute.3
* * *4
§587.1. Provision of information to protect children5
* * *6
B. Upon receiving a request pursuant to the provisions of R.S. 17:15, and7
R.S. 46:51.2 when authorized by R.S. 15:587, that meets the requirements of8
Subsection A of this Section, the bureau of criminal identification and information9
shall survey its criminal history records and identification files and make a10
simultaneous request of the Federal Bureau of Investigation for like information11
from other jurisdictions. The bureau of criminal identification and information shall12
provide a report promptly and in writing, but provide only such information as is13
necessary to specify whether or not that person has been arrested for or convicted of14
or pled nolo contendere to any crime or crimes, the crime or crimes of which he has15
been arrested for or convicted or to which he has pled nolo contendere, and the date16
or dates on which they occurred. The report provided under this Subsection shall17
include arrests, convictions, or other dispositions, including convictions18
dismissed under Code of Criminal Procedure Articles 893 and 894,19
notwithstanding the entry of any judgment of expungement under R.S. 44:9 or20
any similar expungement statute.21
* * *22
Section 2. R.S. 44:9(F), (G) and (I) are hereby amended and reenacted to read as23
follows:24
§9. Records of violations of municipal ordinances and of state statutes classified as25
a misdemeanor or felony26
* * *27
F. For investigative purposes only, the Department of Public Safety and28
Corrections may maintain a confidential, nonpublic record of the arrest and29 SB NO. 406
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disposition. The information contained in this record may be released, upon Upon1
specific request therefor and on a confidential basis, the information contained in2
this record may be released to the following entities who shall maintain the3
confidentiality of such record: to any law enforcement agency, criminal justice4
agency, the office of the attorney general, the various district attorneys' offices5
of the state of Louisiana, the Louisiana State Board of Medical Examiners, the6
Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the7
Louisiana State Board of Examiners of Psychologists, the Emergency Medical8
Services Certification Commission, Louisiana Attorney Disciplinary Board, Office9
of Disciplinary Counsel, or the Louisiana Supreme Court Committee on Bar10
Admissions, or any person requesting a record of all criminal arrests and11
convictions pursuant to R.S. 15:587.1. The receiving law enforcement agency,12
criminal justice agency, the Louisiana State Board of Medical Examiners, the13
Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the14
Louisiana State Board of Examiners of Psychologists, the Emergency Medical15
Services Certification Commission, the Louisiana Attorney Disciplinary Board,16
Office of Disciplinary Counsel, or the Louisiana Supreme Court Committee on Bar17
Admissions shall maintain the confidentiality of such record.18
G. "Expungement" means removal of a record from public access but does19
not mean destruction of the record. An expunged record is confidential, but remains20
available for use by law enforcement agencies, criminal justice agencies, the office21
of the attorney general, the various district attorneys' offices of the state of22
Louisiana, the Louisiana State Board of Medical Examiners, the Louisiana State23
Board of Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board24
of Examiners of Psychologists, the Emergency Medical Services Certification25
Commission, the Louisiana Attorney Disciplinary Board, Office of Disciplinary26
Counsel, or the Louisiana Supreme Court Committee on Bar Admissions, or any27
person requesting a record of all criminal arrests and convictions pursuant to28
R.S. 15:587.1.29 SB NO. 406
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* * *1
I. Except to those agencies entities listed in Subsection G of this Section, no2
person whose record of arrest and conviction has been expunged pursuant to the3
provisions of this Section shall be required to disclose that he was arrested or4
convicted for the subject offense or that the record of the arrest and conviction has5
been expunged, unless otherwise provided in this Section.6
* * *7
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Present law provides that the Louisiana Bureau of Criminal Identification and Information
("bureau") shall make available certain information to enumerated entities as provided by
law.
Proposed law provides that as authorized by law, if the bureau receives a request for
information and records from eligible criminal justice agencies, the office of the attorney
general, the various district attorneys' offices of the state, school boards, and the Department
of Social Services, the bureau shall include in its report any information concerning arrests
and convictions of an individual, including convictions in which a judgment of dismissal of
the prosecution was granted under certain provides of the code of criminal procedure.
Present law provides that the following list of entities to whom a person must disclose an
arrest or conviction which has been expunged, and to whom access to these expunged
records has been granted: law enforcement agencies, criminal justice agencies, the Louisiana
State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana
State Board of Dentistry, the Louisiana State Board of Examiners of Psychologists, the
Emergency Medical Services Certification Commission, the Louisiana Attorney Disciplinary
Board, Office of Disciplinary Counsel, or the Louisiana Supreme Court Committee on Bar
Admissions.
Proposed law retains present law and adds the following to the list of entities who have
access to expunged records and whom a person must disclose an arrest or conviction which
has been expunged:
(1)The office of the attorney general.
(2)The various district attorney's offices of the state of Louisiana.
(3)Any person requesting a record of all criminal arrests and convictions pursuant to
law regarding the provision of information to protect children.
Effective August 15, 2010.
(Amends R.S. 15:587.1(B) and R.S. 44:9(F), (G) and (I); Adds R.S. 15:587(A)(1)(f))