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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. 213
BY SENATOR BROWN
CRIMINAL RECORDS. Adds the La. Department of Insurance as an entity which is
allowed to receive expunged records. (8/1/12)
AN ACT1
To amend and reenact R.S. 44:9(F) and (G), relative to criminal arrest and disposition2
records; to authorize the Louisiana Department of Public Safety and Corrections to3
provide the Louisiana Department of Insurance access to criminal arrest and4
disposition records; to provide that the Louisiana Department of Insurance may use5
criminal arrest and disposition records which have been expunged; and to provide6
for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 44:9(F) and (G) are hereby amended and reenacted to read as9
follows:10
ยง9. Records of violations of municipal ordinances and of state statutes classified as11
a misdemeanor or felony12
* * *13
F. For investigative purposes only, the Department of Public Safety and14
Corrections may maintain a confidential, nonpublic record of the arrest and15
disposition. Upon specific request therefor and on a confidential basis, the16
information contained in this record may be released to the following entities who17 SB NO. 213
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
shall maintain the confidentiality of such record: any law enforcement agency,1
criminal justice agency, the Louisiana State Board of Medical Examiners, the2
Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the3
Louisiana State Board of Examiners of Psychologists, the Louisiana State Board of4
Social Work Examiners, the Emergency Medical Services Certification Commission,5
the Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, the6
Louisiana Supreme Court Committee on Bar Admissions, the Louisiana7
Department of Insurance, or any person or entity requesting a record of all criminal8
arrests and convictions pursuant to R.S. 15:587.1.9
G. "Expungement" means removal of a record from public access but does10
not mean destruction of the record. An expunged record is confidential, but remains11
available for use by law enforcement agencies, criminal justice agencies, the12
Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing,13
the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of14
Psychologists, the Louisiana State Board of Social Work Examiners, the Emergency15
Medical Services Certification Commission, the Louisiana Attorney Disciplinary16
Board, Office of Disciplinary Counsel, the Louisiana Supreme Court Committee on17
Bar Admissions, the Louisiana Department of Insurance, or any person or entity18
requesting a record of all criminal arrests and convictions pursuant to R.S. 15:587.1.19
* * *20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy Wells.
DIGEST
Brown (SB 213)
Present law authorizes any person who has been arrested for a misdemeanor or felony
offense to request that the arrest record be expunged if the time limitation for prosecution
of the offense has expired and no prosecution has been instituted, if prosecution has been
instituted and the proceedings have been finally disposed of by dismissal, if a motion to
quash has been sustained, or if the person has been acquitted. Present law also authorized
an "Article 893" or "Article 894" expungement. Further provides that if the court finds that
such person is entitled to an expungement of his record, it shall order all records of such
arrest and disposition be destroyed and that any custodian of such records file a sworn
affidavit to the effect that the destruction has taken place; however, present law prohibits
expungement or destruction of sex offenses or DWI convictions. SB NO. 213
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Notwithstanding the above present law on the expungement and destruction of records,
present law also provides that the DPS&C may maintain a confidential, nonpublic record of
such arrest and disposition. This information may be released, confidentially, for use by the
following organizations:
(1)Law Enforcement Agencies and Criminal Justice Agencies.
(2)The Louisiana State Board of Medical Examiners.
(3)The Louisiana State Board of Nursing.
(4)The Louisiana State Board of Examiners of Psychologists.
(5)The Emergency Medical Services Certification Commission.
(6)Louisiana Attorney Disciplinary Board Office of Disciplinary Counsel.
(7)The Louisiana Supreme Court Committee on Bar Admissions.
Proposed law adds the Louisiana Department of Insurance to the list of those organizations
authorized to receive and use these confidential, nonpublic records of arrest.
Effective August 1, 2012.
(Amends R.S. 44:9(F) and (G))