Authorizes the collection of the expungement processing fee by the clerk of court. (8/15/11) (EN SEE FISC NOTE LF See Note)
This legislation impacts state laws concerning the expungement of criminal records by formalizing the fee collection process and ensuring that law enforcement agencies receive compensation for their involvement in the expungement procedure. By streamlining the expungement process and adding a fee structure, SB150 potentially encourages more individuals to seek expungement of their records, which can help improve their access to jobs and housing by clearing their criminal history. Furthermore, it provides a financial incentive for local law enforcement agencies, which may bolster their budgets.
Senate Bill 150, introduced by Senator Martiny, aims to amend existing laws related to the expungement of arrest records for both misdemeanor and felony cases in Louisiana. The bill authorizes the clerk of court to collect a processing fee set at fifty dollars for the expungement process. If the court grants the expungement, the collected fee is to be divided equally between the office of the district attorney and the sheriff's general fund. In cases where expungement is denied, the processing fee is to be refunded to the applicant, providing a clear procedural framework for handling these cases.
The general sentiment surrounding SB150 appears to be largely supportive, particularly from law enforcement and legal professionals who see the legislation as a practical solution to the expungement process. Advocates for individuals affected by criminal records may also view the bill positively, recognizing the importance of making expungement more accessible. However, some concerns may arise regarding the imposition of a processing fee, which could be seen as a barrier for low-income individuals seeking expungement, leading to a nuanced debate over the balance of accessibility and funding for law enforcement.
While SB150 primarily serves to implement a structured approach for collecting expungement fees, it may also spark discussions about the broader implications of financial barriers in the criminal justice system. Critics might argue that adding a fee could deter individuals from pursuing expungement, undermining efforts to reintegrate ex-offenders into the community. The bill's provisions also raise questions about the fairness of imposing costs on individuals seeking to clear their records, amidst varying levels of income and access to legal resources.