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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, 2012
SENATE BILL NO. 111
BY SENATOR JOHNS
PUBLIC RECORDS. Authorizes the Louisiana Board of Pharmacy to access expunged
records under certain circumstances. (8/1/12)
AN ACT1
To amend and reenact R.S. 44:9(F) and (G), relative to the Public Records Law; relative to2
records of violations of municipal ordinances and of state statutes classified as a3
misdemeanor or felony; to provide the Louisiana Board of Pharmacy with access to4
expunged records under certain circumstances; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 44:9(F) and (G) are hereby amended and reenacted to read as7
follows: 8
ยง9. Records of violations of municipal ordinances and of state statutes classified as9
a misdemeanor or felony10
* * *11
F. For investigative purposes only, the Department of Public Safety and Corrections12
may maintain a confidential, nonpublic record of the arrest and disposition. Upon specific13
request therefor and on a confidential basis, the information contained in this record may be14
released to the following entities who shall maintain the confidentiality of such record: any15
law enforcement agency, criminal justice agency, the Louisiana State Board of Medical16
Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry,17 SB NO. 111
SLS 12RS-466 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the Louisiana State Board of Examiners of Psychologists, the Louisiana Board of1
Pharmacy, the Louisiana State Board of Social Work Examiners, the Emergency Medical2
Services Certification Commission, Louisiana Attorney Disciplinary Board, Office of3
Disciplinary Counsel, the Louisiana Supreme Court Committee on Bar Admissions, or any4
person or entity requesting a record of all criminal arrests and convictions pursuant to R.S.5
15:587.1. 6
G. "Expungement" means removal of a record from public access but does not mean7
destruction of the record. An expunged record is confidential, but remains available for use8
by law enforcement agencies, criminal justice agencies, the Louisiana State Board of9
Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of10
Dentistry, the Louisiana State Board of Examiners of Psychologists, the Louisiana Board11
of Pharmacy, the Louisiana State Board of Social Work Examiners, the Emergency Medical12
Services Certification Commission, the Louisiana Attorney Disciplinary Board, Office of13
Disciplinary Counsel, the Louisiana Supreme Court Committee on Bar Admissions, or any14
person or entity requesting a record of all criminal arrests and convictions pursuant to R.S.15
15:587.1.16
* * *17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lauren Bailey.
DIGEST
Johns (SB 111)
Present law provides the following list of entities to whom the Department of Public Safety
and Corrections (DPS&C) may release confidential records of arrest or conviction which has
been expunged: any law enforcement agency, criminal justice agency, the La. State Board
of Medical Examiners, the La. State Board of Nursing, the La. State Board of Dentistry, the
La. State Board of Examiners of Psychologists, the La. State Board of Social Work
Examiners, the Emergency Medical Services Certification Commission, the La. Attorney
Disciplinary Board, Office of Disciplinary Counsel, the La. Supreme Court Committee on
Bar Admissions, or any entity requesting a record of all criminal arrests and convictions
pursuant to present law R.S. 15:587.1.
Proposed law retains present law and adds the Louisiana Board of Pharmacy to the list of
entities who have access to DPS&C's confidential records of arrest or conviction which has
been expunged.
Effective August 1, 2012.
(Amends R.S. 44:9(F) and (G))