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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 ENROLLED
SENATE BILL NO. 403
BY SENATOR MORRELL
AN ACT1
To enact R.S. 44:9(E)(1)(c) and (d), relative to expungement of criminal records; to2
authorize the expungement of criminal records of persons who have successfully3
completed the Department of Public Safety and Corrections intensive incarceration4
program; to provide relative to other conditions necessary for the expungement of5
criminal records; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 44:9(E) (1)(c) and (d) are hereby enacted to read as follows: 8
ยง9. Records of violations of municipal ordinances and of state statutes classified as9
a misdemeanor or felony10
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E.(1)(a) * * *12
(c) A court may order the expungement of the record of a felony13
conviction of any person if all of the following conditions are met:14
(i) The person was convicted of a nonviolent first offense felony for15
distribution, dispensing, or possession with intent to produce, manufacture,16
distribute, or dispense amphetamine or methamphetamine or cocaine or17
oxycodone or methadone, in violation of R.S. 40:967(A) and sentenced under18
R.S. 40:967(B)(1) or (4)(b) when the amount of amphetamine or19
methamphetamine or cocaine or oxycodone or methadone involved was twenty-20
eight grams or less.21
(ii) The person was not sentenced as a habitual offender under the22
provisions of R.S. 15:529.1.23
(iii) The person was committed to the Department of Public Safety and24
Corrections and successfully completed the intensive incarceration program as25
provided for in R.S. 15:574.4.4.26
(iv) The person has not been convicted of any other offense since27
ACT No. 776 SB NO. 403 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
completion of his sentence.1
(v) The person has no criminal charge pending against him.2
(vi) A minimum of nineteen years has passed since completion of his3
sentence.4
(vii) The person has not received a prior expungement of a felony5
pursuant to Code of Criminal Procedure Article 893.6
(d) Notwithstanding the provisions of Code of Criminal Procedure7
Article 893 or any other provision of law to the contrary regarding the set aside8
of a conviction or the dismissal of a prosecution, an expungement of a felony9
conviction shall occur only once with respect to any person during a lifetime.10
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: