Directs the La. State Law Institute to revise laws on expungement
Impact
HCR3 highlights the challenges faced by individuals wanting to clear their criminal records, particularly in relation to employment opportunities that require a Transportation Worker Identification Credential (TWIC) card. As obtaining such a credential necessitates a clean or expunged record, the resolution’s successful implementation could significantly impact the employability of individuals with criminal histories. The Louisiana State Law Institute, in partnership with various law enforcement and legal entities, will examine the expungement laws to identify potential areas for reform.
Summary
House Concurrent Resolution No. 3 (HCR3) directs the Louisiana State Law Institute to study and propose recommendations for revising laws concerning the expungement of arrest and conviction records. The current laws regarding expungement in Louisiana are deemed complex and confusing for individuals seeking these records as well as for legal professionals and judges involved in the expungement process. The resolution emphasizes the need for clarity and simplification in the procedures to facilitate the expungement process for those who are eligible.
Sentiment
The sentiment surrounding HCR3 is largely supportive, as it addresses an issue of significant importance to many residents seeking to reintegrate into the workforce after criminal convictions. Stakeholders have expressed enthusiasm about the prospect of simplified and consolidated expungement procedures, indicating a broad consensus on the need for reform. However, there may be some contention regarding the extent to which access to expungements should be granted, particularly in reference to public safety concerns and the implications of clearing criminal records.
Contention
While the initiative to revise expungement laws has shown general support, there could be potential contention around ensuring that the rights of individuals seeking expungements do not conflict with public safety interests. Critics might voice concerns about allowing individuals with certain types of criminal records to gain unrestricted access to employment in sensitive areas. The outcome of the study by the Louisiana State Law Institute will be crucial in balancing these interests and addressing any concerns about the integrity of the expungement process.
Directs the Criminal Code Committee of the La. State Law Institute to study the feasibility of assessing filing fees for applications of post-conviction relief
Requests that the Bd. of Regents and the State Bd. of Elementary and Secondary Education, with the Taylor Foundation, La. Office of Student Financial Assistance, public postsecondary education management boards, and certain others, study certain issues relative to TOPS
Requests the Louisiana Workforce Commission and the Louisiana Department of Veterans Affairs to study employment practices and professional licensing requirements to benefit veterans in the workforce
Creates a task force to study meaningful oversight of the professional healthcare licensing boards statutorily created within the Department of Health and Hospitals.