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Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 3
BY REPRESENTATIVE LOPINTO
A CONCURRENT RESOLUTI ON
To authorize and direct the Louisiana State Law Institute to study and make
recommendations for the revision of laws regarding expungement.
WHEREAS, Louisiana law provides for the expungement of certain arrest and
conviction records under limited circumstances; and
WHEREAS, obtaining an expungement allows for the removal of a record from
public access but does not result in the destruction of the record; and
WHEREAS, an expunged record is confidential, but remains available for use by law
enforcement agencies, criminal justice agencies, and other statutorily defined agencies; and
WHEREAS, the number of agencies which have access to criminal records has been
expanded over the past few years, resulting in some confusion with regard to which agencies
have access to criminal background information; and
WHEREAS, following the passage of the Maritime Transportation Act of 2002, all
individuals who wish to work at ports or on vessels which were regulated by this Act are
required to obtain Transportation Worker Identification Credential (TWIC) cards; and
WHEREAS, obtaining a TWIC card requires a criminal history check and clearance
which cannot be obtained without either a clean record or an expunged record; and
WHEREAS, the inability to obtain an expungement can prevent individuals from
obtaining gainful employment where a TWIC card is required; and
WHEREAS, the provisions of law regarding expungement are complex and
sometimes confusing for persons who are attempting to obtain an expungement, attorneys
representing people who wish to obtain an expungement, and judges who grant
expungements; and ENROLLEDHCR NO. 3
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WHEREAS, the provisions of law regarding expungement should be reviewed and
thoroughly examined with the goal of simplifying, consolidating, and clarifying
expungement procedures.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
authorize and direct the Louisiana State Law Institute to study and make recommendations
for the revision of laws regarding expungement.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute work in
conjunction with the Louisiana District Attorneys Association, the Louisiana Public
Defender Board, the Louisiana Sheriffs' Association, the Louisiana State Police, the
Louisiana Commission of Law Enforcement and the Administration of Criminal Justice, the
Louisiana Clerks of Court Association, and any other agencies or associations deemed
appropriate by the committee regarding this study.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute report its
findings and recommendations to the Legislature of Louisiana on or before January 1, 2014.
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
to the director of the Louisiana State Law Institute.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE