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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
SENATE BILL NO. 574
BY SENATOR CLAITOR
CRIMINAL PROCEDURE. Authorizes expungement of certain traffic offenses. (8/15/10)
AN ACT1
To amend and reenact the introductory paragraph of R.S. 44:9(A)(1) and 9(A)(2), relative2
to records of violations of traffic ordinances; to provide for expungement of the3
traffic records; to provide for certain circumstances; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. The introductory paragraph of R.S. 44:9(A)(1) and 9(A)(2) are hereby7
amended and reenacted to read as follows:8
ยง9. Records of violations of traffic or municipal ordinances and of state statutes9
classified as a misdemeanor or felony10
A.(1) Any person who has been arrested for the violation of a municipal or11
parish ordinance or for violation of a state statute which is classified as a12
misdemeanor or any person who has had their conviction set aside and dismissed13
pursuant to C.Cr.P. Art. 892.1(C) may make a written motion to the district,14
parish, or city court in which the violation was prosecuted or to the district court15
located in the parish in which he was arrested, for expungement of the arrest record,16
under either of the following conditions:17 SB NO. 574
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Coding: Words which are struck through are deletions from existing law;
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* * *1
(2) If the court finds that the mover is entitled to the relief sought as2
authorized by this Subsection, it shall order all agencies and law enforcement offices3
having any record of the arrest, whether on microfilm, computer card or tape, or on4
any other photographic, electronic, or mechanical method of storing data, to destroy5
any record of arrest, photograph, fingerprint, or any other information of any and all6
kinds or descriptions. The court shall order such custodians of records to file a sworn7
affidavit to the effect that the records have been destroyed and that no notations or8
references have been retained in the agency's central repository which will or might9
lead to the inference that any record ever was on file with any agency or law10
enforcement office. The original of this affidavit shall be kept by the court so11
ordering same and a copy shall be retained by the affiant agency which said copy12
shall not be a public record and shall not be open for public inspection but rather13
shall be kept under lock and key and maintained only for internal record keeping14
purposes to preserve the integrity of said agency's files and shall not be used for any15
investigative purpose. This Subsection does not apply to arrests for a first or second16
violation of any ordinance or statute making criminal the driving of a motor vehicle17
while under the influence of alcoholic beverages or narcotic drugs, as denounced by18
R.S. 14:98 or 98.1. Notwithstanding any law relating to set aside the conviction19
and dismissal of the prosecution either under Article 892.1 or Article 894 of the20
Louisiana Code of Criminal Procedure or any other law to the contrary, an21
expungement shall occur only once with respect to any person during a five year22
period. Notwithstanding any provision of law to the contrary, an expungement23
for the misdemeanor offense of operating a vehicle while intoxicated may occur24
only once with respect to any person during a ten year period.25
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument was prepared by Michael Bell. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Dawn Romero Watson.
DIGEST
Claitor (SB 574)
Present law provides that any person who has been arrested 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 under certain circumstances.
Proposed law retains present law and provides for persons convicted of a misdemeanor to
traffic offense 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 record under certain circumstances.
Present law provides that when the court finds that the mover is entitled to relief, it shall
order all agencies and law enforcement offices having any record of the arrest, whether on
microfilm, computer card or tape, or on any other photographic, electronic, or mechanical
method of storing date, to destroy any record of arrest, photograph, fingerprint, any other
information of any and all kinds or descriptions. Provides that the court shall also order such
custodians of records to file a sworn affidavit to the effect that the records have been
destroyed and no notes or references have been retained by in the agency's central repository.
Provides that the original of the affidavit shall be kept by the court and a copy shall be
retained by the affiant agency which shall not be a public record and shall not be open for
public inspection. Provides that it shall be kept under lock and key and maintained only for
internal record keeping purposes and shall not be used for investigative purposes. Provides
that present law does not apply to arrest for a first or second violation of any ordinance or
statute making criminal the driving of a motor vehicle under the influence of alcoholic
beverages or narcotic drugs.
Proposed law provides that notwithstanding any law relating to set aside a conviction and
dismissal of the prosecution under Article 892.1 or Article 894 or any other law,
expungement of that matter may only occur with respect to any person only once in a 5-year
period.
Proposed law provides that expungement for the misdemeanor offense of operating a vehicle
while intoxicated may occur only once with respect to any person during a 10-year period.
Effective August 15, 2010.
(Amends R.S. 44:9(A)(1)(intro. para.) and 9(A)(2))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill.
1. Adds that expungement of a conviction or dismissal of prosecution may only
occur with respect to any person only once in a 5-year period.
2. Adds that expungement for the misdemeanor offense of operating a vehicle
while intoxicated may occur only once with respect to any person during a
10-year period.