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Regular Session, 2012
SENATE BILL NO. 606
BY SENATOR MORRELL
PUBLIC RECORDS. Provides relative to expungement of records. (gov sig)
AN ACT1
To amend and reenact R.S. 44:9(A)(3)(a) and (b), (4)(a), (5)(a), (c) and (d), (B)(1)(b) and2
(2), (C)(2), and (E)(1)(b), relative to records of arrests and violations of municipal3
ordinances and state statutes; to provide with respect to expungement of records; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 44:9(A)(3)(a) and (b), (4)(a), (5)(a), (c) and (d), (B)(1)(b) and (2),7
(C)(2), and (E)(1)(b) are hereby amended and reenacted to read as follows: 8
ยง9. Records of violations of municipal ordinances and of state statutes classified as9
a misdemeanor or felony10
A.(1) * * *11
(3)(a) The Bureau of Criminal Identification and Information may charge a12
processing fee of not more than two hundred fifty dollars for the expungement and13
destruction of any record of arrest when ordered to do so by the court in compliance14
with the provisions of this Section.15
(b) The clerk of court shall collect the processing fee at the time the motion16
for expungement is filed and may collect a fee of up to ten dollars from the17 SB NO. 606
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processing fee to cover the clerk's administration costs. If the court finds the mover1
is entitled to the relief sought, the clerk shall direct the collected processing fee to2
the Bureau of Criminal Identification and Information and the processing fee amount3
shall be deposited immediately upon receipt into the Criminal Identification and4
Information Fund. If the court does not grant such relief, the clerk of court shall5
return the fee to the moving party.6
* * *7
(4)(a) The sheriff and the district attorney may each charge a processing fee8
of collect from the processing fee a charge of up to fifty dollars for the9
expungement of any record of arrest when ordered to do so by the court in10
compliance with the provisions of this Section.11
* * *12
(5)(a) Any person who has been convicted for the violation of a municipal13
or parish ordinance, a traffic violation, or for violation of a state statute which is14
classified as a misdemeanor may make a written motion to the district, parish, or city15
court in which the violation was prosecuted or to the district court located in the16
parish in which he was arrested, for expungement of the arrest record if five two or17
more years has elapsed between the date of the motion and the successful completion18
of any sentence, deferred adjudication, or period of probation or parole.19
Notwithstanding the provisions of Code of Criminal Procedure Article 892.1 or 894,20
or any other provision of law to the contrary regarding the set aside of a conviction21
or the dismissal of a prosecution, an expungement shall occur only once with respect22
to any person during a five two-year period, except in the case of a misdemeanor23
offense of operating a vehicle while intoxicated which may occur only once with24
respect to any person during a ten-year period.25
* * *26
(c) Before filing the The motion for expungement, a movant shall deliver27
a written request to the district attorney for a certification shall include a28
certification obtained from the district attorney which verifies that, to his knowledge,29 SB NO. 606
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the applicant has no felony convictions and no pending misdemeanor or felony1
charges under a bill of information or indictment. Within thirty days of movant's2
written request, the district attorney must either provide the requested3
certification or request a date for a contradictory hearing.4
(d) If, after notice and the opportunity for a contradictory hearing with the5
district attorney and the arresting law enforcement agency, the court finds that the6
mover is entitled to the relief sought for the above reasons, it shall order all law7
enforcement agencies to expunge but not destroy the record of the same in8
accordance with the provisions of this Paragraph; however, nothing in this Paragraph9
shall limit or impede the authority under law to consider prior arrests or convictions10
in pursuing prosecution under multiple offender provisions or impede the11
investigation of any law enforcement official seeking to ascertain or confirm the12
qualifications of any person for any privilege or license authorized by law.13
B.(1) Any person who has been arrested for the violation of a felony offense14
or who has been arrested for a violation of R.S. 14:34.2, R.S. 14:34.3, or R.S. 14:3715
may make a written motion to the district court for the parish in which he was16
arrested for the expungement of the arrest record if:17
* * *18
(b) The record of arrest that resulted in and prosecution for the offense is19
without substantial probative value as a prior act for any subsequent prosecution.20
(2) If, after notice and the opportunity for a contradictory hearing with the21
district attorney and the arresting law enforcement agency, the court finds that the22
mover is entitled to the relief sought for the above reasons, it shall order all law23
enforcement agencies to expunge the record of the same in accordance herewith.24
However, nothing in this Paragraph shall limit or impede the authority under law to25
consider prior arrests or convictions in pursuing prosecution under multiple offender26
provisions or impede the investigation of any law enforcement official seeking to27
ascertain or confirm the qualifications of any person for any privilege or license28
authorized by law.29 SB NO. 606
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* * *1
(2) If, after notice and the opportunity for a contradictory hearing with the2
arresting agency district attorney, the court finds that the mover is entitled to the3
relief sought for any of the above reasons, it shall order all law enforcement agencies4
to expunge same in accordance herewith. However, the arresting agency may5
preserve the name and address of the person arrested and the facts of the case for6
investigative purposes only.7
* * *8
E.(1) * * *9
(b) After notice and the opportunity for a contradictory hearing with the10
district attorney and the arresting law enforcement agency, the court may order11
expungement of the record of a felony conviction dismissed pursuant to Article 89312
of the Code of Criminal Procedure. Upon the entry of such an order of expungement,13
all rights which were lost or suspended by virtue of the conviction shall be restored14
to the person against whom the conviction has been entered, and such person shall15
be treated in all respects as not having been arrested or convicted unless otherwise16
provided in this Section or otherwise provided in the Code of Criminal Procedure17
Articles 893 and 894.18
* * *19
Section 2. This Act shall become effective upon signature by the governor or, if not20
signed by the governor, upon expiration of the time for bills to become law without signature21
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If22
vetoed by the governor and subsequently approved by the legislature, this Act shall become23
effective on the day following such approval.24
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 any person who has been arrested for the violation of a municipal
or parish ordinance or for violation of a state statute which is classified as a misdemeanor
may make a written motion to the district, parish, or city court in which the violation was
prosecuted or to the district court located in the parish in which he was arrested, for SB NO. 606
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expungement of the arrest record, under certain conditions.
Present law provides that the Bureau of Criminal Identification and Information may charge
a processing fee of $250 for the expungement of any record of arrest when ordered to do so
by the court in compliance with present law.
Proposed law provides that the Bureau of Criminal Identification and Information may
charge a processing fee of not more than $250 for the expungement and destruction of any
record of arrest when ordered to do so by the court in compliance with present law.
Present law provides that the clerk of court shall collect the processing fee at the time the
motion for expungement is filed and may collect a fee of up to $10 to cover the clerk's
administration costs.
Proposed law provides instead that the clerk of court may charge up to $10 from the
processing fee to cover his costs.
Present law provides that if the court finds the mover is entitled to the relief sought, the clerk
shall direct the collected processing fee to the Bureau of Criminal Identification and
Information and the processing fee amount shall be deposited immediately upon receipt into
the Criminal Identification and Information Fund. If the court does not grant such relief, the
clerk of court shall return the fee to the moving party.
Present law provides that the sheriff and the district attorney may each charge a processing
fee of $50 for the expungement of any record of arrest when ordered to do so by the court
in compliance with present law.
Proposed law provides instead that the sheriff and the district attorney may each collect from
the processing fee a charge of up to $50 for the expungement of any record of arrest when
ordered to do so by the court in compliance present law.
Present law provides that any person who has been convicted for the violation of a municipal
or parish ordinance, a traffic violation, or for violation of a state statute which is classified
as a misdemeanor may make a written motion to the district, parish, or city court in which
the violation was prosecuted or to the district court located in the parish in which he was
arrested, for expungement of the arrest record if five or more years has elapsed between the
date of the motion and the successful completion of any sentence, deferred adjudication, or
period of probation or parole.
Present law provides that notwithstanding present law regarding the set aside of a conviction
or the dismissal of a prosecution, an expungement shall occur only once with respect to any
person during a five year period, except in the case of a misdemeanor offense of operating
a vehicle while intoxicated which may occur only once with respect to any person during a
10 year period.
Proposed law retains present law but changes the number of years the movant must wait
from the completion of any sentence (or period of probation and parole) to file a motion for
expungement from five to two.
Present law provides that no person shall be entitled to an expungement if the misdemeanor
conviction arose from circumstances involving a sexual act or act of domestic violence.
Proposed law retains present law.
Present law provides that the motion for expungement shall include a certification obtained
from the district attorney which verifies that, to his knowledge, the applicant has no felony
convictions and no pending misdemeanor or felony charges under a bill of information or
indictment. SB NO. 606
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words in boldface type and underscored are additions.
Proposed law provides that before filing the motion for expungement, a movant shall deliver
a written request to the district attorney for a certification which verifies that, to his
knowledge, the applicant has no felony convictions and no pending misdemeanor or felony
charges under a bill of information or indictment.
Proposed law provides that within 30 days of movant's written request, the district attorney
must either provide the requested certification or request a date for a contradictory hearing.
Present law provides that if, after a contradictory hearing with the district attorney and the
arresting law enforcement agency, the court finds that the mover is entitled to the relief
sought for the above reasons, it shall order all law enforcement agencies to expunge but not
destroy the record of the same in accordance with the provisions of present law.
Present law provides that nothing in present law shall limit or impede the authority to
consider prior arrests or convictions in pursuing prosecution under multiple offender
provisions or impede the investigation of any law enforcement official seeking to ascertain
or confirm the qualifications of any person for any privilege or license authorized by present
law.
Proposed law retains present law and adds that the district attorney shall have the
opportunity for a contradictory hearing after notice of the movant's motion for expungement.
Proposed law deletes from present law the opportunity for the arresting law enforcement
agency to have a contradictory hearing.
Present law provides that any person who has been arrested for the violation of a felony
offense or who has been arrested for a violation of present law may make a written motion
to the district court for the parish in which he was arrested for the expungement of the arrest
record if:
1. The district attorney declines to prosecute, or the prosecution has been instituted, and
such proceedings have been finally disposed of by acquittal, dismissal, or sustaining
a motion to quash; and
2. The record of arrest and prosecution for the offense is without substantial probative
value as a prior act for any subsequent prosecution.
Proposed law retains present law and clarifies that the record of arrest resulted in prosecution
for the offense.
Present law provides that any person who has been arrested for the violation of a state statute
which is classified as a felony may make a written motion to the district court for the parish
in which he was arrested for expungement of the arrest record if the time limitation for the
institution of prosecution on the offense has expired, and no prosecution has been instituted.
Proposed law retains present law.
Present law provides that if, after a contradictory hearing with the arresting agency, the court
finds that the mover is entitled to the relief sought for any of the above reasons, it shall order
all law enforcement agencies to expunge same in accordance herewith.
Present law provides that the arresting agency may preserve the name and address of the
person arrested and the facts of the case for investigative purposes only.
Proposed law retains present law but adds that the district attorney instead of the arresting
agency shall have the opportunity for a contradictory hearing after notice of the motion for
expungement.
Present law provides that whoever violates any provisions of present law shall be punished SB NO. 606
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by a fine of not more than $250 or by imprisonment of not more than 90 days, or both, if the
conviction is for a first violation; second and subsequent violations shall be punished by a
fine of not more than $500 or imprisonment of six months, or both.
Proposed law retains present law.
Present law provides that no court shall order the destruction of any record of the arrest and
prosecution of any person convicted of a felony, including a conviction dismissed pursuant
to present law.
Proposed law retains present law.
Present law provides that after a contradictory hearing with the district attorney and the
arresting law enforcement agency, the court may order expungement of the record of a
felony conviction dismissed pursuant to present law.
Present law provides that upon the entry of such an order of expungement, all rights which
were lost or suspended by virtue of the conviction shall be restored to the person against
whom the conviction has been entered, and such person shall be treated in all respects as not
having been arrested or convicted unless otherwise provided in present law.
Proposed law retains present law and adds that the district attorney shall have the
opportunity for a contradictory hearing after notice of the movant's motion for expungement.
Proposed law deletes from present law the opportunity for the arresting law enforcement
agency to have a contradictory hearing.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 44:9(A)(3)(a) and (b), (4)(a), (5)(a), (c) and (d), (B)(1)(b) and (2), (C)(2), and
(E)(1)(b))