HLS 12RS-76 ORIGINAL
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Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 3
BY REPRESENTATIVE LOPINTO
CRIMINAL/PROCEDURE : Directs the Louisiana State Law Institute to revise laws on
expungement
A CONCURRENT RESOLUTI ON1
To authorize and direct the Louisiana State Law Institute to study and make2
recommendations for the revision of laws regarding expungement.3
WHEREAS, Louisiana law provides for the expungement of certain arrest and4
conviction records under limited circumstances; and5
WHEREAS, obtaining an expungement allows for the removal of a record from6
public access but does not result in the destruction of the record; and7
WHEREAS, an expunged record is confidential, but remains available for use by law8
enforcement agencies, criminal justice agencies, and other statutorily defined agencies; and9
WHEREAS, the number of agencies which have access to criminal records has been10
expanded over the past few years, resulting in some confusion with regard to which agencies11
have access to criminal background information; and12
WHEREAS, following the passage of the Maritime Transportation Act of 2002, all13
individuals who wish to work at ports or on vessels which were regulated by this Act are14
required to obtain Transportation Worker Identification Credential (TWIC) cards; and15
WHEREAS, obtaining a TWIC card requires a criminal history check and clearance16
which cannot be obtained without either a clean record or an expunged record; and17
WHEREAS, the inability to obtain an expungement can prevent individuals from18
obtaining gainful employment where a TWIC card is required; and19
WHEREAS, the provisions of law regarding expungement are complex and20
sometimes confusing for persons who are attempting to obtain an expungement, attorneys21 HLS 12RS-76 ORIGINAL
HCR NO. 3
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representing people who wish to obtain an expungement, and judges who grant1
expungements; and 2
WHEREAS, the provisions of law regarding expungement should be reviewed and3
thoroughly examined with the goal of simplifying, consolidating, and clarifying4
expungement procedures.5
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby6
authorize and direct the Louisiana State Law Institute to study and make recommendations7
for the revision of laws regarding expungement.8
BE IT FURTHER RESOLVED that the Louisiana State Law Institute work in9
conjunction with the Louisiana District Attorneys Association, the Louisiana Public10
Defender Board, the Louisiana Sheriffs' Association, the Louisiana State Police, the11
Louisiana Commission of Law Enforcement and the Administration of Criminal Justice, the12
Louisiana Clerks of Court Association, and any other agencies or associations deemed13
appropriate by the committee regarding this study.14
BE IT FURTHER RESOLVED that the Louisiana State Law Institute report its15
findings and recommendations to the Legislature of Louisiana on or before January 1, 2014.16
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted17
to the director of the Louisiana State Law Institute.18
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lopinto HCR No. 3
Directs the La. State Law Institute to study the laws on expungement, make
recommendations for the revision of such laws, and report its findings to the La. Legislature
on or before Jan. 1, 2014.