SLS 12RS-568 ORIGINAL
Page 1 of 2
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. 267
BY SENATOR MORRELL
CRIMINAL RECORDS. Exempts an applicant over the age of 65 from fee for expungement
of arrest record. (gov sig)
AN ACT1
To enact R.S. 44:9(K)(4), relative to records of violations of municipal ordinances and of2
state statutes classified as a misdemeanor or felony; to provide relative to3
expungement of arrest record for an applicant over the age of sixty-five; to provide4
for an effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 44:9(K)(4) is hereby enacted to read as follows: 7
ยง9. Records of violations of municipal ordinances and of state statutes classified as8
a misdemeanor or felony9
* * *10
K. The following applicants for expungement shall not be required to pay any11
fee to the clerk of court, the Bureau of Criminal Identification and Information,12
sheriff, the district attorney, or any other agency to obtain or execute an order of a13
court of competent jurisdiction to expunge the arrest from the individual's arrest14
record if a certification obtained from the district attorney is presented to the clerk15
of court which verifies that the applicant has no felony convictions and no pending16
felony charges under a bill of information or indictment and at least one of the17 SB NO. 267
SLS 12RS-568 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
following applies:1
* * *2
(4) The applicant is over the age of sixty-five.3
* * *4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
Present law provides that the following applicants for expungement shall not be required to
pay any fee to the clerk of court, the Bureau of Criminal Identification and Information,
sheriff, the district attorney, or any other agency to obtain or execute an order of a court of
competent jurisdiction to expunge the arrest from the individual's arrest record if a
certification obtained from the district attorney is presented to the clerk of court which
verifies that the applicant has no felony convictions and no pending felony charges under a
bill of information or indictment and at least one of the following applies:
1. The applicant was acquitted, after trial, of all charges derived from the arrest,
including any lesser and included offense.
2. The district attorney consents, and the case against the applicant was dismissed or
the district attorney declined to prosecute the case prior to the time limitations
prescribed in present law, and the applicant did not participate in a pretrial diversion
program.
3. The applicant was arrested and was never prosecuted within the time limitations
prescribed in present law and did not participate in a pretrial diversion program.
Proposed law adds an applicant over the age of 65 to the list of applicants not required to pay
any fee for expungement.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 44:9(K)(4))