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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 406
BY SENATOR MCPHERSON
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
(f)(i) If the request for information and records is made to the bureau13
by any eligible criminal justice agency, the bureau shall include in its report any14
information concerning arrests and convictions of an individual, including15
convictions in which a judgment of dismissal of the prosecution was granted16
pursuant to the provisions of Articles 893 and 894 of the Code of Criminal17
Procedure.18
(ii)(aa) When an individual's record contains information which has19
been expunged, the bureau shall include in its report to the requesting entity the20
date of the arrest and a notation that the individual's record contains21
information which has been expunged and that the requesting entity may22
contact the bureau in order to obtain further information regarding the23
expunged information.24
(bb) The bureau shall establish policies and procedures by which the25
entities enumerated in this Subparagraph may be furnished with expunged26
information. These policies and procedures shall not require the requesting27
entity to personally appear at the office of the bureau in order to obtain access28 SB NO. 406 ENROLLED
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to the expunged information.1
(cc) The requesting entity, upon receiving the expunged information,2
shall maintain the confidentiality of the information as provided by law and the3
expunged information shall not be deemed a public record.4
(dd) The information may be used or admitted as evidence in any court5
proceeding or employment or disciplinary hearing in which the receiving6
agency is an authorized participant.7
* * *8
§587.1. Provision of information to protect children9
* * *10
B.(1). Upon receiving a request pursuant to the provisions of R.S. 17:15, and11
R.S. 46:51.2 when authorized by R.S. 15:587, that meets the requirements of12
Subsection A of this Section, the bureau of criminal identification and information13
shall survey its criminal history records and identification files and make a14
simultaneous request of the Federal Bureau of Investigation for like information15
from other jurisdictions. The bureau of criminal identification and information shall16
provide a report promptly and in writing, but provide only such information as is17
necessary to specify whether or not that person has been arrested for or convicted of18
or pled nolo contendere to any crime or crimes, the crime or crimes of which he has19
been arrested for or convicted or to which he has pled nolo contendere, and the date20
or dates on which they occurred.21
The report provided pursuant to the provisions of this Subsection shall22
include arrests, convictions, or other dispositions, including convictions23
dismissed pursuant to Code of Criminal Procedure Articles 893 and 894.24
(2)(a) When an individual's record contains information which has been25
expunged, the bureau shall include in its report to the requesting person or26
entity the date of the arrest and a notation that the individual's record contains27
information which has been expunged and that the requestor may contact the28
bureau in order to obtain further information regarding the expunged29
information.30 SB NO. 406 ENROLLED
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(b) The bureau shall establish policies and procedures by which the1
persons and entities enumerated in this Section may be furnished with expunged2
information. These policies and procedures shall not require the requesting3
person or entity to personally appear at the office of the bureau in order to4
obtain access to the expunged information.5
(c) The requesting person or entity, upon receiving the expunged6
information, shall maintain the confidentiality of the information as provided7
by law 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 person10
or entity is an authorized participant.11
* * *12
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
* * *17
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 in21
this 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 Louisiana State Board of Social Work26
Examiners, the Emergency Medical Services Certification Commission, Louisiana27
Attorney Disciplinary Board, Office of Disciplinary Counsel, or the Louisiana28
Supreme Court Committee on Bar Admissions, or any person or entity requesting29
a record of all criminal arrests and convictions pursuant to R.S. 15:587.1. The30 SB NO. 406 ENROLLED
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words in boldface type and underscored are additions.
receiving law enforcement agency, criminal justice agency, the Louisiana State1
Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana2
State Board of Dentistry, the Louisiana State Board of Examiners of Psychologists,3
the Emergency Medical Services Certification Commission, the Louisiana Attorney4
Disciplinary Board, Office of Disciplinary Counsel, or the Louisiana Supreme Court5
Committee on Bar Admissions shall 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 Louisiana State Board of Social Work Examiners, the12
Emergency Medical Services Certification Commission, the Louisiana Attorney13
Disciplinary Board, Office of Disciplinary Counsel, or the Louisiana Supreme Court14
Committee on Bar Admissions, or any person or entity requesting a record of all15
criminal arrests and convictions pursuant to R.S. 15:587.1.16
* * *17
I. Except to those agencies entities listed in Subsection G of this Section, no18
person whose record of arrest and conviction has been expunged pursuant to the19
provisions of this Section shall be required to disclose that he was arrested or20
convicted for the subject offense or that the record of the arrest and conviction has21
been expunged, unless otherwise provided in this Section.22
* * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: