HLS 14RS-162 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 55
BY REPRESENTATIVES LOPINTO, ARMES, WESLEY BI SHOP, DIXON,
JEFFERSON, MORENO, JIM MORRIS, AND SMITH AND SENATORS
GALLOT, MARTINY, MILLS, AND MORRELL
CRIMINAL/PROCEDURE: Revises provisions of law regarding expungement
AN ACT1
To enact Title XXXIV of the Code of Criminal Procedure, to be comprised of Articles 9712
through 993, and to repeal R.S. 44:9, relative to expungement; to provide for the3
effect of expunged records; to provide for definitions; to authorize the expungement4
of certain felony conviction records; to prohibit the dissemination of expunged5
records by third parties; to provide penalties for the unlawful dissemination of6
expunged records by third parties; to provide for legislative findings; to provide for7
applicability; to provide for procedures for obtaining an expungement; to provide for8
filing of motions to obtain an expungement; to provide for service of motions for9
expungement; to provide for service of judgments of expungement; to authorize the10
expungement of conviction records after a certain period of time has elapsed; to11
provide for eligibility to obtain an expungement; to delete provisions of law referring12
to destruction of arrest or conviction records; to provide for the assessment of certain13
fees for expungement; to provide that certain fees are nonrefundable; to provide for14
expungement by redaction of records; to provide for uniform forms for15
expungement; to provide for the exemption of certain fees in certain circumstances;16
to provide for a judgment granting an expungement; to provide for contradictory17
hearings; to prohibit incarcerated individuals from filing a motion to expunge an18
arrest or conviction record; and to provide for related matters.19 HLS 14RS-162 ORIGINAL
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Be it enacted by the Legislature of Louisiana:1
Section 1. Title XXXIV of the Code of Criminal Procedure, comprised of Articles2
971 through 993, is hereby enacted to read as follows:3
Art. 971. Legislative findings4
The legislature hereby finds and declares the following:5
(1) Louisiana law provides for the expungement of certain arrest and6
conviction records under limited circumstances. Obtaining an expungement of these7
records allows for the removal of a record from public access but does not result in8
the destruction of the record.9
(2) An expunged record is confidential, but remains available for use by law10
enforcement agencies, criminal justice agencies, and other statutorily defined11
agencies.12
(3) Following the passage of the Maritime Transportation Act of 2002, all13
individuals who wish to work at ports or on vessels regulated by this Act are required14
to obtain a Transportation Worker Identification Credential (TWIC). Obtaining a15
TWIC card requires a criminal history check and clearance which cannot be obtained16
without either a clean record or an expunged record with respect to certain offenses.17
(4) The inability to obtain an expungement can prevent certain individuals18
from obtaining gainful employment.19
(5) The need for employment must be balanced appropriately against the20
desire for public safety. Nothing in this Title shall be construed to limit or impair in21
any way the subsequent use of any expunged record of arrest or conviction in any22
lawful manner by law enforcement, law enforcement agencies, prosecutors, or23
judges, including its use as a predicate offense or for the provisions of the Habitual24
Offender Law.25
(6) It is the intention of the legislature that this Title will provide26
opportunities to break the cycle of criminal recidivism, increase public safety, and27
assist the growing population of criminal offenders reentering the community to28
establish a self-sustaining life through opportunities in employment.29 HLS 14RS-162 ORIGINAL
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(7) In balancing the legitimate needs of law enforcement agencies and the1
desire to afford employment opportunities to all Louisiana citizens, the Louisiana2
Legislature enacts the provisions of this Title within the Code of Criminal Procedure.3
Art. 972. Definitions4
As used in this Title:5
(1) "Expunge a record" means to remove a record of arrest or conviction,6
photographs, fingerprints, disposition, or any other information of any kind from7
public access pursuant to the provisions of this Title. "Expunge a record" does not8
mean destruction of the record.9
(2) "Expungement by redaction" provides for the expungement of records10
of a person who is arrested or convicted with other persons who are not entitled to11
expungement and involves the removal of the name or any other identifying12
information of the person entitled to the expungement and otherwise retains the13
records of the incident as they relate to the other persons.14
(3) "Records" includes any incident reports, photographs, fingerprints,15
disposition, or any other such information of any kind in relation to a single arrest16
event in the possession of the clerk of court, any criminal justice agency, and local17
and state law enforcement agencies but shall not include DNA records.18
Art. 973. Effect of expunged record of arrest or conviction19
A. An expunged record of arrest or conviction shall be confidential and no20
longer considered to be a public record and shall not be made available to any person21
or other entity except for the following:22
(1) To a member of a law enforcement or criminal justice agency or23
prosecutor who shall request that information in writing, certifying that the request24
is for the purpose of investigating, prosecuting, or enforcing criminal law, for the25
purpose of any other statutorily defined law enforcement or administrative duties,26
or for the purposes of the requirements of sex offender registration and notification27
pursuant to the provisions of R.S. 15:541 et seq.28 HLS 14RS-162 ORIGINAL
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(2) On order of a court of competent jurisdiction and after a contradictory1
hearing for good cause shown.2
(3) To the person whose record has been expunged or his counsel.3
(4) Upon written request therefor and on a confidential basis, the information4
contained in an expunged record may be released to the following entities that shall5
maintain the confidentiality of such record: the Office of Financial Institutions, the6
Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing,7
the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of8
Psychologists, the Louisiana Board of Pharmacy, the Louisiana State Board of Social9
Work Examiners, the Emergency Medical Services Certification Commission,10
Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, the11
Louisiana Supreme Court Committee on Bar Admissions, the Louisiana Department12
of Insurance, the Louisiana Licensed Professional Counselors Board of Examiners,13
or any person or entity requesting a record of all criminal arrests and convictions14
pursuant to R.S. 15:587.1, or as otherwise provided by statute.15
B. Except as to those persons and other entities set forth in Paragraph A of16
this Article, no person whose record of arrest or conviction has been expunged shall17
be required to disclose to any person that he was arrested or convicted of the subject18
offense, or that the record of the arrest or conviction has been expunged.19
C. Nothing in this Article shall be construed to limit or impair in any way the20
subsequent use of any expunged record of arrest or conviction by a law enforcement21
agency, criminal justice agency, or prosecutor including its use as a predicate22
offense, for purposes of the habitual offender law, or as otherwise authorized by law.23
D. Nothing in this Article shall limit or impair the authority under law to24
consider prior arrests or convictions that have been expunged in pursuing25
prosecution under multiple offender provisions or impede the investigation of any26
law enforcement official seeking to ascertain or confirm the qualifications of any27
person for any privilege or license authorized by law.28 HLS 14RS-162 ORIGINAL
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E. Anyone who violates the provisions of this Article shall be subject to1
contempt proceedings.2
F. Nothing in this Article shall be construed to relieve a person who is3
required to register and provide notice as a child predator or sex offender of any4
obligations and responsibilities provided in R.S. 15:541 et seq.5
Art. 974. Dissemination of expunged records by third parties; court order6
A. A private third-party entity that compiles and disseminates criminal7
history information for compensation shall not disseminate any information in its8
possession regarding an arrest, conviction, or other disposition after it has received9
notice of an issuance of a court order to expunge the record of any such arrest or10
conviction. The notice shall be served by registered or certified mail with return11
receipt requested and shall not require a certified or courtesy copy of the order and12
judgment ordering the expungement of the record.13
B. Unless a private third-party entity that compiles and disseminates criminal14
history information is regulated by the Fair Credit Reporting Act (15 U.S.C. 1681 et15
seq.) or the Gramm-Leach-Bliley Act (15 U.S.C. 6801-6809), it shall not disseminate16
any criminal history information in its possession regarding an arrest, conviction, or17
other disposition for which an order to expunge the record has been issued, after it18
has received notice of an issuance of a court order to expunge a record of any arrest19
or conviction.20
C. A private third-party entity that disseminates criminal history information21
in violation of this Article may be liable for any damages, court costs, and attorney22
fees that are incurred by the person as a result of the violation who is the subject of23
that information.24
D. Whoever violates any provisions of this Article shall be punished by a25
fine of not more than two hundred fifty dollars, imprisonment for not more than26
ninety days, or both, if the conviction is for a first violation. Convictions for second27
and subsequent violations shall be punished by a fine of not more than five hundred28
dollars, imprisonment for not more than six months, or both.29 HLS 14RS-162 ORIGINAL
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Art. 975. Individuals incarcerated in the custody of the Department of Public Safety1
and Corrections; ineligible to file motion to expunge records2
Notwithstanding any other provision of law to the contrary, a person in the3
custody of the Department of Public Safety and Corrections, or incarcerated in any4
correctional facility shall not be permitted to file a motion to expunge a record of an5
arrest which did not result in a conviction or to expunge a record of an arrest and6
conviction of a misdemeanor or felony offense.7
Art. 976. Motion to expunge record of arrest that did not result in a conviction8
A person may file a motion to expunge a record of his arrest for a felony or9
misdemeanor offense that did not result in a conviction if any of the following apply:10
(1) The person was not prosecuted for the offense for which he was arrested,11
and the limitations on the institution of prosecution have barred the prosecution for12
that offense.13
(2) The district attorney for any reason declined to prosecute the offense for14
which the person was arrested.15
(3) Prosecution was instituted and such proceedings have been finally16
disposed of by dismissal, sustaining of a motion to quash, or acquittal.17
Art. 977. Motion to expunge a record of arrest and conviction of a misdemeanor18
offense19
A. A person may file a motion to expunge his record of arrest and conviction20
of a misdemeanor offense if either of the following apply:21
(1) The conviction was set aside, and the prosecution was dismissed pursuant22
to Code of Criminal Procedure Article 894(B).23
(2) More than five years have elapsed since the person completed any24
sentence, deferred adjudication, or period of probation or parole, the person has not25
been convicted of any offense during the five-year period, and has no criminal26
charge pending against him. The motion filed pursuant to this Subparagraph shall27
include a certification obtained from the district attorney which verifies that, to his28 HLS 14RS-162 ORIGINAL
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knowledge, the applicant has no convictions during the five-year period and no1
pending charges under a bill of information or indictment.2
B. The motion to expunge a record of arrest and conviction of a3
misdemeanor offense shall be served pursuant to the provisions of Code of Criminal4
Procedure Article 979.5
C. No person shall be entitled to expungement of a record if the6
misdemeanor conviction was for a sex offense as defined in R.S. 15:541 or for7
domestic abuse battery which was not dismissed pursuant to Code of Criminal8
Procedure Article 894(B).9
D.(1) Expungement of a record of arrest and conviction of a misdemeanor10
offense shall occur only once with respect to any person during a five-year period.11
(2) Expungement of a record of arrest and conviction of a misdemeanor12
offense of operating a vehicle while intoxicated shall occur only once with respect13
to any person during a ten-year period.14
Art. 978. Motion to expunge record of arrest and conviction of a felony offense15
A. Except as provided in Paragraph B of this Article, a person may file a16
motion to expunge his record of arrest and conviction of a felony offense if either of17
the following apply:18
(1) The conviction was set aside and the prosecution was dismissed pursuant19
to Code of Criminal Procedure Article 893(E).20
(2) More than ten years have elapsed since the person completed any21
sentence, deferred adjudication, or period of probation or parole based on the felony22
conviction, the person has not been convicted of any other criminal offense during23
the ten-year period, and has no criminal charge pending against him. The motion24
filed pursuant to this Subparagraph shall include a certification obtained from the25
district attorney which verifies that, to his knowledge, the applicant has no26
convictions during the ten-year period and no pending charges under a bill of27
information or indictment.28 HLS 14RS-162 ORIGINAL
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B. No expungement shall be granted nor shall a person be permitted to file1
a motion to expunge the record of arrest and conviction of a felony offense if the2
person was convicted of the commission or attempted commission of any of the3
following offenses unless otherwise permissible under Code of Criminal Procedure4
Article 893(E):5
(1) A crime of violence as defined by R.S. 14:2(B).6
(2)(a) Notwithstanding the provisions of Code of Criminal Procedure Article7
893, a sex offense or criminal offense against a victim who is a minor as defined by8
R.S. 15:541 and any offense which occurred prior to June 18, 1992, that would be9
defined as a sex offense or criminal offense against a victim who is a minor had it10
occurred on or after June 18, 1992.11
(b) Any person who was convicted of carnal knowledge of a juvenile (R.S.12
14:80) prior to August 15, 2001, is eligible for an expungement pursuant to the13
provisions of this Title if the offense for which the offender was convicted would be14
defined as misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1) had the15
offender been convicted on or after August 15, 2001.16
(3) A violation of the Uniform Controlled Dangerous Substances Law,17
except that a conviction for possession of a controlled dangerous substance as18
provided for in R.S. 40:966(C), 967(C), 968(C), or 969(C), or a conviction for19
possession of a controlled dangerous substance with the intent to distribute may be20
expunged pursuant to the provisions of this Title.21
C. The motion to expunge a record of the record of arrest and conviction of22
a felony offense shall be served pursuant to the provisions of Code of Criminal23
Procedure Article 979.24
D. Expungement of a record of arrest and conviction of a felony offense25
shall occur only once with respect to any person during a fifteen-year period.26
Art. 979. Service of motion to expunge a record27
A. The clerk of court shall serve notice of the motion of expungement by28
mail or electronic mail upon the following entities:29 HLS 14RS-162 ORIGINAL
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(1) The district attorney.1
(2) The Louisiana Bureau of Criminal Identification and Information.2
(3) The arresting law enforcement agency.3
(4) The sheriff of the parish of conviction.4
B. Motions to expunge records of convictions for driving while intoxicated5
shall also require notice of filing and service of that motion upon the Department of6
Public Safety and Corrections, office of motor vehicles, in addition to the entities7
provided for in Paragraph A of this Article.8
Art. 980. Contradictory hearing9
A. Any entity named in Code of Criminal Procedure Article 979(A) that10
receives notice of the motion may object to the granting of a motion to expunge a11
record.12
B.(1) Except as provided in Subparagraph (2) of this Paragraph, an objecting13
party shall file an objection in the record with service to the defendant within thirty14
days from the date of service of the motion and specifically state the grounds for the15
objection.16
(2) If the Louisiana Bureau of Criminal Identification and Information17
objects to the granting of the motion to expunge a record, it shall file an objection in18
the record with service to the defendant within sixty days from the date of the service19
of the motion and specifically state the grounds for the objection.20
C. The court may grant an extension of time to file an objection not to21
exceed sixty days from the date of filing of the motion to expunge a record.22
D. Any objection timely filed shall have a contradictory hearing.23
E. The objecting agency must show by a preponderance of the evidence why24
the motion of expungement should not be granted.25
F. If no objection is filed by an agency listed under Article 979(A), the26
defendant may waive the contradictory hearing, and the court shall grant the motion27
to expunge the record if the court determines that the mover is entitled to the28
expungement in accordance with law.29 HLS 14RS-162 ORIGINAL
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G. Any agency listed under Article 979(A) may expressly waive its time1
period to object by filing a formal "No Opposition" into the record.2
Art. 981. Judgment granting motion to expunge a record of arrest or conviction;3
execution4
A judgment ordering expungement of a record of arrest or of conviction of5
a misdemeanor or felony offense shall be served as provided for in Code of Criminal6
Procedure Article 982. The judgment shall not affect any persons or other entities7
set forth in Code of Criminal Procedure Article 979(A) or 982(A) who have not been8
served with the motion and judgment ordering the expungement of a record.9
Art. 982. Service of order and judgment of expungement10
A. The clerk of court shall serve the order and judgment of expungement of11
a record upon all of the following entities:12
(1) The district attorney.13
(2) The Louisiana Bureau of Criminal Identification and Information.14
(3) The Department of Public Safety and Corrections, corrections services.15
(4) The sheriff of the parish of conviction.16
(5) The arresting agency.17
B. Motions to expunge convictions for driving while intoxicated shall require18
notice of filing and service of the order and judgment of expungement upon the19
Department of Public Safety and Corrections, office of motor vehicles.20
Art. 983. Costs of expungement of a record; fees; collection; exemptions;21
disbursements22
A. Except as provided for in Code of Criminal Procedure Articles 894 and23
984, the total cost to obtain a court order expunging a record shall not exceed five24
hundred fifty dollars.25
B. The nonrefundable processing fees for a court order expunging a record26
shall be as follows:27
(1) The Louisiana Bureau of Criminal Identification and Information may28
charge a processing fee of two hundred fifty dollars for the expungement of any29 HLS 14RS-162 ORIGINAL
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record of arrest when ordered to do so by the court in compliance with the provisions1
of this Title.2
(2) The sheriff may charge a processing fee of fifty dollars for the3
expungement of any record of arrest when ordered to do so by the court in4
compliance with the provisions of this Title.5
(3) The district attorney may charge a processing fee of fifty dollars for the6
expungement of any record of arrest when ordered to do so by the court in7
compliance with the provisions of this Title.8
(4) The clerk of court may charge a processing fee not to exceed two9
hundred dollars to cover the clerk's costs of the expungement.10
C. The clerk of court shall collect all processing fees at the time the motion11
for expungement is filed.12
D.(1) The clerk shall immediately direct the collected processing fees as13
follows:14
(a) The clerk shall direct the collected processing fee provided for in15
Subparagraph (B)(1) of this Article to the Louisiana Bureau of Criminal16
Identification and Information, and the processing fee amount shall be deposited17
immediately upon receipt into the Criminal Identification and Information Fund.18
(b) The clerk shall direct the collected processing fees provided for in19
Subparagraphs (B)(2) and (3) of this Article to the sheriff and the district attorney,20
and the processing fee amount shall be remitted immediately upon receipt in equal21
proportions to the office of the district attorney and the sheriff's general fund.22
E. The processing fees provided for by this Article are nonrefundable and23
shall not be returned even if the court does not grant the motion for expungement.24
F. An applicant for the expungement of a record shall not be required to pay25
any fee to the clerk of court, the Louisiana Bureau of Criminal Identification and26
Information, sheriff, the district attorney, or any other agency to obtain or execute27
an order of a court of competent jurisdiction to expunge the arrest from the28
individual's arrest record if a certification obtained from the district attorney is29 HLS 14RS-162 ORIGINAL
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presented to the clerk of court which verifies that the applicant has no felony1
convictions and no pending felony charges under a bill of information or indictment2
and at least one of the following applies:3
(1) The applicant was acquitted, after trial, of all charges derived from the4
arrest, including any lesser and included offense.5
(2) The district attorney consents, and the case against the applicant was6
dismissed or the district attorney declined to prosecute the case prior to the time7
limitations prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure,8
and the applicant did not participate in a pretrial diversion program.9
(3) The applicant was arrested and was never prosecuted within the time10
limitations prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure11
and did not participate in a pretrial diversion program.12
G. Notwithstanding any other provision of law to the contrary, a juvenile13
who has successfully completed any juvenile drug court program operated by a court14
of this state shall be exempt from payment of the processing fees otherwise15
authorized by this Article.16
Art. 984. Additional requirements for the expungement of records involving the17
operation of a vehicle while intoxicated; additional fee18
A. A person convicted of operating a vehicle while intoxicated shall be19
required to supplement the motions required in this Title with proof in the form of20
a certified letter from the Department of Public Safety and Corrections, office of21
motor vehicles, that the requirements of this Article have been complied with shall22
be attached to the motion to expunge the record of arrest and conviction for operating23
a vehicle while intoxicated.24
B. The court shall order the clerk of court to mail to the Department of25
Public Safety and Corrections, office of motor vehicles, all of the following as26
provided by the defendant:27
(1) A certified copy of the record of the plea of guilty or nolo contendere.28
(2) Fingerprints of the defendant.29 HLS 14RS-162 ORIGINAL
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(3) Proof of the requirements as set forth in Code of Criminal Procedure1
Article 556 or 556.1 which shall include the defendant's date of birth, social security2
number, and driver's license number.3
C. An additional fifty dollar court cost shall be assessed at this time against4
the defendant and paid to the Department of Public Safety and Corrections, office of5
motor vehicles, for the costs of storage and retrieval of the records.6
Art. 985. Expungement by redaction of records with references to multiple7
individuals8
A. If a record includes the name of more than one individual and one or9
more of the individuals is entitled to an expungement of an arrest or conviction10
pursuant to the provisions of this Title, any individual entitled to an expungement11
may petition the court to have records related to the arrest or conviction of the12
individual expunged by redaction.13
B. If the court grants the expungement by redaction, the name of the14
individual and all other identifying information regarding the individual granted the15
expungement by redaction shall be redacted from all records regarding the arrest and16
conviction. The redacted records shall be available for public access.17
C. The clerk of court shall not be liable for any damages resulting to any18
person or entity as a consequence of expunging or redacting or for the failure to19
expunge or redact any record where the expungement order does not specifically20
identify all locations of the records to be expunged or specify the information to be21
redacted.22
Art. 986. Forms for the expungement of records23
A. Only the forms provided for in Articles 987, 988, 989, 990, 991, and 99224
shall be used for filing motions to expunge a record of an arrest which did not result25
in a conviction or for the expungement of a record of an arrest and conviction of a26
misdemeanor or felony offense.27
B. Supplemental forms may be added to any petition as long as they adhere28
to the form provided for in Article 993.29 HLS 14RS-162 ORIGINAL
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Art. 987. Motion to set aside conviction and dismiss prosecution; rule to show1
cause; order of dismissal forms to be used2
" STATE OF LOUISIANA3
JUDICIAL DISTRICT FOR THE PARISH OF 4
______________________________5
No.: _____________ Division: "_______"6
State of Louisiana7
vs.8
_______________________________________________________9
MOTION TO SET ASIDE CONVICTION AND 10
DISMISS PROSECUTION11
NOW INTO HONORABLE COURT, comes 12
G Defendant, OR13
G Defendant through undersigned Counsel, 14
who moves that the conviction pursuant to Louisiana Code of Criminal Procedure15
G 894(B) Misdemeanors, OR16
G 893(E) Felonies17
in the above numbered case be set aside and the prosecution dismissed in accordance18
with the Code of Criminal Procedure in that the period of the deferred sentence has19
run without the petitioner having been arrested for any other felony offense.20
The mover is further identified below:21
DOCKET NUMBER: _______________________22
CHARGE: _______________________23
DATE OF ARREST: _______________________24
ARRESTING AGENCY: _______________________25
CITY/PARISH OF ARREST: _______________________26 HLS 14RS-162 ORIGINAL
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The Mover prays that, after a contradictory hearing with the District1
Attorney's Office, the Court order the above numbered case be set aside and that the2
prosecution dismissed in accordance with the Code of Criminal Procedure.3
Respectfully submitted,4
____________________________________5
Signature of Attorney for Mover/Defendant6
____________________________________7
Attorney for Mover/Defendant Name8
____________________________________9
Attorney's Bar Roll No.10
____________________________________11
Address12
____________________________________13
City, State, ZIP Code14
____________________________________15
Telephone Number16
If not represented by counsel:17
____________________________________18
Signature of Mover/Defendant19
____________________________________20
Mover/Defendant Name21
____________________________________22
Address23
____________________________________24
City, State, ZIP Code25
____________________________________26
Telephone Number27 HLS 14RS-162 ORIGINAL
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STATE OF LOUISIANA1
JUDICIAL DISTRICT FOR THE PARISH OF 2
______________________________3
No.: ______________ Division: "_______"4
State of Louisiana5
vs.6
_______________________________________________________7
RULE TO SHOW CAUSE8
IT IS HEREBY ORDERED, that the District Attorney show cause on the9
_______ day of ______________________, 20 _____, at ______o'clock __m why10
the foregoing motion should not be granted.11
THUS ORDERED AND SIGNED this ____ day of _________________,12
20 ____ at ______________, Louisiana, ___________________________.13
___________________________14
JUDGE15
PLEASE SERVE:16
1. District Attorney: _____________________________________________17
2. Attorney for Defendant and/or Defendant ____________________________18 HLS 14RS-162 ORIGINAL
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STATE OF LOUISIANA1
JUDICIAL DISTRICT FOR THE PARISH OF 2
______________________________3
No.: _________ Division: "_______"4
State of Louisiana5
vs.6
_______________________________________________________7
ORDER OF DISMISSAL8
Considering the Motion to Set Aside Conviction and Dismiss Prosecution,9
the hearing conducted on the representation of the State of Louisiana of its consent10
hereto, and that there is no opposition for any good cause appearing herein;11
IT IS ORDERED, ADJUDGED AND DECREED that this conviction is set12
aside and the prosecution dismissed for purposes of expungement.13
THUS ORDERED AND SIGNED this _____ day of _______________, 2014
____at ________________, Louisiana, this ____ day of ______________, 20____.15
___________________________________16
JUDGE17
PLEASE SERVE:18
1. District Attorney:________________________________________________19
2. Attorney for Defendant and/or Defendant ___________________________"20 HLS 14RS-162 ORIGINAL
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Art. 988. Motion for fee exemption form to be used1
" STATE OF LOUISIANA2
JUDICIAL DISTRICT FOR THE PARISH OF 3
______________________________4
No.: ______________ Division: "_______"5
State of Louisiana6
vs.7
_______________________________________________________8
CERTIFICATION OF FEE WAIVER9
To be completed by defendant and submitted to the District Attorney's Office prior10
to filing. Append completed form to Motion of Expungement at filing only if eligible.11
DEFENDANT NAME12
DATE OF BIRTH13
SSN#14
DATE OF ARREST15
DOCKET NUMBER16
CHARGE17
In accordance with Louisiana Code of Criminal Procedure Article 983, the Office of18
the District Attorney has reviewed the available databases and determined that19
(Check all that apply. To be completed by authorized personnel from the District20
Attorney's Office and returned within 15 days to defendant.):21
G The arrestee listed above has NO FELONY CONVICTIONS.22
AND23
G The arrestee listed above has NO PENDING FELONY CHARGES UNDER24
A BILL OF INDICTMENT OR INFORMATION.25
AND26
G The arrestee listed above WAS ACQUITTED after trial of all charges27
derived from the arrest listed above, including any lesser and included28
offense.29
OR30
G The arrestee listed above WAS NOT PROSECUTED WITHIN THE TIME31
LIMITATIONS prescribed in Chapter 1 of the Title XVII of the Code of32
Criminal Procedure for the arrest listed above.33
___________________________________34
Investigator Print Name35
_____________________________ ______________________, 20____"36
Investigator Signature Date 37 HLS 14RS-162 ORIGINAL
HB NO. 55
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are additions.
Art. 989. Motion for expungement forms to be used1
" STATE OF LOUISIANA2
JUDICIAL DISTRICT FOR THE PARISH OF 3
______________________________4
No.: _____________ Division: "_______"5
State of Louisiana6
vs.7
_______________________________________________________8
MOTION FOR EXPUNGEMENT9
NOW INTO COURT comes mover, who provides the court with the10
following information in connection with this request:11
I. DEFENDANT INFORMATION12
NAME: ___________________________________________________________13
(Last, First, MI)14
DOB: ________/______/_______ (MM/DD/YYYY)15
GENDER _____ Female _____Male16
SSN (last 4 digits): XXX-XX-________17
RACE: _________________ 18
DRIVER LIC.# _________________19
ARRESTING AGENCY: __________________________________________20
SID# (if available): _________________21
ITEM NUMBER: _________________22
ARREST NUMBER: _________________23
Mover is entitled to expunge the record of his arrest/conviction pursuant to24
Louisiana Code of Criminal Procedure 971 et seq. and states the following in25
support:26
II.ARREST INFORMATION27
1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)28
2. _____ YES _____ NO A supplemental sheet with arrests and/or29
convictions is attached after page 2 of this30
Motion. 31 HLS 14RS-162 ORIGINAL
HB NO. 55
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are additions.
3. Mover was:1
_____ YES _____ NO Arrested, but it did not result in conviction2
_____ YES _____ NO Convicted of and seeks to expunge a3
misdemeanor 4
_____ YES _____ NO Convicted of and seeks to expunge a felony 5
4. Mover was booked and/or charged with the following offenses: (List each6
offense booked and charged separately. Attach a supplemental sheet, if7
necessary.)8
____ Yes ____ No ARRESTS THAT DID NOT RESULT IN CONVICTION9
OFFENSE 1 La. Rev. Stat. Ann. § _______ : ________10
Name of the offense __________________11
( ) Time expired for prosecution__________________12
(MM/DD/YYYY) 13
( ) Charge refused by DA - 14
not prosecuted?15
( ) Pre-trial Diversion Program?16
( ) Charge dismissed 17
( ) Found not guilty/judgment of acquittal18
OFFENSE 2 La. Rev. Stat. Ann. § _______ : ________19
Name of the offense __________________20
( ) Time expired for prosecution__________________21
(MM/DD/YYYY) 22
( ) Charge refused by DA - 23
not prosecuted?24
( ) Pre-trial Diversion Program?25
( ) Charge dismissed 26
( ) Found not guilty/judgment of acquittal27
OFFENSE 3 La. Rev. Stat. Ann. § _______ : ________28
Name of the offense __________________29
( ) Time expired for prosecution__________________30
(MM/DD/YYYY) 31
( ) Charge refused by DA - 32
not prosecuted?33
( ) Pre-trial Diversion Program?34
( ) Charge dismissed 35
( ) Found not guilty/judgment of acquittal36
____ Yes ____ NoMISDEMEANOR CONVICTIONS37
OFFENSE 1 La. Rev. Stat. Ann. § _______ : ________38
Name of the offense _________________39
( ) Conviction set aside/dismissed_____/____/_______40
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 41
( ) More than 5 years have passed42
since completion of sentence?43
OFFENSE 2 La. Rev. Stat. Ann. § _______ : ________44
Name of the offense _________________45
( ) Conviction set aside/dismissed_____/____/_______46
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 47
( ) More than 5 years have passed48
since completion of sentence?49 HLS 14RS-162 ORIGINAL
HB NO. 55
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are additions.
____ Yes ____ NoFELONY CONVICTIONS1
OFFENSE 1 La. Rev. Stat. Ann. § _______ : ________2
( ) Conviction set aside/dismissed_____/____/_______3
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 4
( ) More than 10 years have passed5
since completion of sentence6
OFFENSE 2 La. Rev. Stat. Ann. § _______ : ________7
( ) Conviction set aside/dismissed_____/____/_______8
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 9
( ) More than 10 years have passed10
since completion of sentence11
____ Yes ____ NoOPERATING A MOTOR VEHICLE WHILE12
INTOXICATED CONVICTIONS13
Mover has attached the following:14
( )A copy of the proof from the Department of Public Safety and15
Corrections, office of motor vehicles, that it has received from the16
clerk of court a certified copy of the record of the plea, fingerprints17
of the defendant, and proof of the requirements set forth in C.Cr.P.18
Art. 556, which shall include the defendant's date of birth, last four19
digits of social security number, and driver's license number20
5. Mover has attached to this Motion the following pertinent documents:21
G Criminal Background Check from the La. State Police/Parish Sheriff22
dated within the past 30 days (required). 23
G Bill(s) of Information (if any). 24
G Minute entry showing final disposition of case (if any). 25
G Certification Letter from the District Attorney for fee waiver (if26
eligible).27
The Mover prays that a Rule to Show Cause be issued herein setting a28
contradictory hearing with the arresting law enforcement agency, the District29
Attorney's Office, and Louisiana Bureau of Criminal Identification and Information,30
why an order should not be granted expunging the record of arrest and/or conviction31
set forth above, including all photographs, fingerprints, disposition, or any other such32
information, which record shall be confidential and no longer considered a public33
record, nor be made available to other persons, except a prosecutor, member of a law34
enforcement agency, or a judge who may request such information in writing,35
certifying that such request is for the purpose of prosecuting, investigating, or36 HLS 14RS-162 ORIGINAL
HB NO. 55
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are additions.
enforcing the criminal law, or as an order of this Court to any other person for good1
cause shown, or as otherwise authorized by law.2
If an "Affidavit of No Opposition" by each agency named herein is attached3
hereto and made a part hereof, Defendant requests that no contradictory hearing be4
required and the Motion be granted ex parte.5
Respectfully submitted,6
____________________________________7
Signature of Attorney for Mover/Defendant8
____________________________________9
Attorney for Mover/Defendant Name10
____________________________________11
Attorney's Bar Roll No.12
____________________________________13
Address14
____________________________________15
City, State, ZIP Code16
____________________________________17
Telephone Number18
If not represented by counsel:19
____________________________________20
Signature of Mover/Defendant21
____________________________________22
Mover/Defendant Name23
____________________________________24
Address25
____________________________________26
City, State, ZIP Code27
____________________________________28
Telephone Number "29 HLS 14RS-162 ORIGINAL
HB NO. 55
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are additions.
Art. 990. Affidavit of response form to be used1
" STATE OF LOUISIANA2
JUDICIAL DISTRICT FOR THE PARISH OF 3
______________________________4
No.: ______________ Division: "_______"5
State of Louisiana6
vs.7
_______________________________________________________8
AFFIDAVIT OF RESPONSE9
Pursuant to Louisiana Code of Criminal Procedure Article 980, the District10
Attorney for the Parish of __________________ acknowledges the following:11
G No Opposition. Respondent respectfully consents to waiver of the12
contradictory hearing.13
G Opposition to the Motion of Expungement with Reasons. Respondent14
respectfully requests a contradictory hearing.15
OR16
Pursuant to Louisiana Code of Criminal Procedure Article 980, the Louisiana17
Bureau of Criminal Identification and Information acknowledges the following:18
G No Opposition. Respondent respectfully consents to waiver of the19
contradictory hearing.20
G Opposition to the Motion of Expungement with Reasons. Respondent21
respectfully requests a contradictory hearing.22
Respectfully submitted,23
____________________________________24
Signature of Attorney 25
____________________________________26
Attorney's Bar Roll No.27
____________________________________28
Address29
____________________________________30
City, State, ZIP Code31
____________________________________32
Telephone Number33 HLS 14RS-162 ORIGINAL
HB NO. 55
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are additions.
PLEASE SERVE:1
1. District Attorney: ______________________________________________2
OR Louisiana Bureau of Criminal Identification and Information 3
2. Attorney for Defendant and/or Defendant ___________________________"4
Art. 991. Rule to show cause form to be used5
" STATE OF LOUISIANA6
JUDICIAL DISTRICT FOR THE PARISH OF7
______________________________8
No.: _____________ Division: "_______"9
State of Louisiana10
vs.11
_______________________________________________________12
RULE TO SHOW CAUSE13
IT IS HEREBY ORDERED, 14
G That the District Attorney and the Louisiana Bureau of Criminal15
Identification and Information show cause on the _______ day of16
______________________, 20 _____, at ______o'clock __m why the17
foregoing motion should not be granted.18
G NO CONTRADICTORY HEARING SHALL BE REQUIRED as19
evidenced by the "Affidavit of No Opposition" executed by each agency20
named herein and attached to the Motion for Expungement.21
THUS ORDERED AND SIGNED this ____ day of _________________,22
20 ____ at ______________, Louisiana, ___________________________.23
___________________________24
JUDGE25
PLEASE SERVE:26
1. District Attorney: _______________________________________________27
2. Louisiana Bureau of Criminal Identification and Information 28
3. Department of Public Safety, office of motor vehicles (DWI ONLY)29
4. Attorney for Defendant and/or Defendant ___________________________"30 HLS 14RS-162 ORIGINAL
HB NO. 55
Page 25 of 32
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are additions.
Art. 992. Order of expungement form to be used1
" STATE OF LOUISIANA2
JUDICIAL DISTRICT FOR THE PARISH OF 3
______________________________4
No.: ____________ Division: "_______"5
State of Louisiana6
vs.7
_______________________________________________________8
ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD9
Considering the Motion for Expungement 10
G the hearing conducted and evidence adduced herein, OR11
G Affidavits of No Opposition filed,12
IT IS ORDERED, ADJUDGED AND DECREED13
G THE MOTION IS DENIED for the following reasons (check all that apply):14
G More than five years have not elapsed since Mover completed the15
misdemeanor conviction sentence.16
G More than ten years have not elapsed since Mover completed the17
felony conviction sentence.18
G Mover was convicted of one of the following ineligible felony19
offenses:20
G Distribution of a controlled dangerous substance.21
G An offense currently listed as a sex offense that requires22
registration pursuant to La. Rev. Stat. Ann. 15:540 et seq., at23
the time the Motion was filed, regardless of whether the duty24
to register was ever imposed.25
G An offense defined as a "crime of violence" pursuant to La.26
Rev. Stat. Ann. 14:2(B) at the time the Motion was filed.27
G The arrest and conviction being sought to have expunged is for28
operating a motor vehicle while intoxicated and a copy of the proof29
from the Department of Public Safety and Corrections, office of30
motor vehicles, is not attached as required by C.Cr.P. Art. 984(A).31
G Mover has had another record of misdemeanor conviction expunged32
during the previous five-year period.33
G The record of arrest and conviction which Mover seeks to have34
expunged is for operating a motor vehicle while intoxicated and35
Mover has had another record of arrest and misdemeanor conviction36
expunged during the previous ten-year period. 37 HLS 14RS-162 ORIGINAL
HB NO. 55
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are additions.
G Mover has had another record of felony conviction expunged during1
the previous fifteen-year period. 2
G THE MOTION IS HEREBY GRANTED and all agencies are3
ordered to expunge the record of arrest/conviction and any photographs, fingerprints,4
or any other such information of any kind maintained in connection with the5
Arrest(s)/Conviction(s) in the above-captioned matter, which record shall be6
confidential and no longer considered a public record, nor be available to other7
persons except a prosecutor, member of a law enforcement agency, or a judge who8
may request such information in writing certifying that such request is for the9
purpose of prosecuting, investigating, or enforcing the criminal law, or upon an order10
of this Court to any other person for good cause shown, or as otherwise authorized11
by law.12
NAME: _______________________________________________________13
(Last, First, MI)14
DOB:______/_____/______ (MM/DD/YY)15
GENDER: _____ Female _____Male16
SSN (last 4 digits):XXX-XX-_________17
RACE: _________________18
DRIVER LIC.# _________________19
ARRESTING AGENCY: ______________________________________20
SID# (if available):_________________21
ITEM NUMBER: _________________22
ARREST NUMBER: _________________23
ARREST DATE: ______/_____/______ (MM/DD/YY)24
THUS ORDERED AND SIGNED this _____ day of _______________, 2025
____at ________________, Louisiana, this ____ day of ______________, 20____.26
___________________________________27
JUDGE28
PLEASE SERVE:29
1. District Attorney: ______________________________________________30
2. Arresting Agency: _____________________________________________31
3. Local Police (if not arresting agency): _______________________________32 HLS 14RS-162 ORIGINAL
HB NO. 55
Page 27 of 32
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
4. Parish Sheriff: ________________________________________________1
5. Louisiana Bureau of Criminal Identification and Information2
6. (If DWI) Department of Public Safety, office of motor vehicles 3
7. Attorney for Defendant (if any): ____________________________________4
8. Defendant: __________________________________________________"5
Art. 993. Supplemental forms to be used6
" SUPPLEMENTAL SHEET7
____ Yes ____ NoARRESTS THAT DID NOT RESULT IN CONVICTION8
OFFENSE La. Rev. Stat. Ann. § _______ : ________9
Name of the offense _________________10
( ) Time expired for prosecution _____/____/_______11
(MM/DD/YYYY) 12
( ) Charge refused by DA - not prosecuted?13
( ) Pre-trial Diversion Program?14
( ) Charge dismissed 15
( ) Found not guilty/judgment of acquittal16
OFFENSE La. Rev. Stat. Ann. § _______ : ________17
Name of the offense _________________18
( ) Time expired for prosecution _____/____/_______19
(MM/DD/YYYY) 20
( ) Charge refused by DA - not prosecuted?21
( ) Pre-trial Diversion Program?22
( ) Charge dismissed 23
( ) Found not guilty/judgment of acquittal24
OFFENSE La. Rev. Stat. Ann. § _______ : ________25
Name of the offense _________________26
( ) Time expired for prosecution _____/____/_______27
(MM/DD/YYYY) 28
( ) Charge refused by DA - not prosecuted?29
( ) Pre-trial Diversion Program?30
( ) Charge dismissed 31
( ) Found not guilty/judgment of acquittal32
OFFENSE La. Rev. Stat. Ann. § _______ : ________33
Name of the offense _________________34
( ) Time expired for prosecution _____/____/_______35
(MM/DD/YYYY) 36
( ) Charge refused by DA - not prosecuted?37
( ) Pre-trial Diversion Program?38
( ) Charge dismissed 39
( ) Found not guilty/judgment of acquittal40
OFFENSE La. Rev. Stat. Ann. § _______ : ________41
Name of the offense _________________42
( ) Time expired for prosecution _____/____/_______43
(MM/DD/YYYY) 44
( ) Charge refused by DA - not prosecuted?45
( ) Pre-trial Diversion Program?46
( ) Charge dismissed 47
( ) Found not guilty/judgment of acquittal48 HLS 14RS-162 ORIGINAL
HB NO. 55
Page 28 of 32
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
OFFENSE La. Rev. Stat. Ann. § _______ : ________1
Name of the offense _________________2
( ) Time expired for prosecution _____/____/_______3
(MM/DD/YYYY) 4
( ) Charge refused by DA - not prosecuted?5
( ) Pre-trial Diversion Program?6
( ) Charge dismissed 7
( ) Found not guilty/judgment of acquittal8
SUPPLEMENTAL SHEET9
____ Yes ____ NoMISDEMEANOR CONVICTIONS10
OFFENSE La. Rev. Stat. Ann. § _______ : ________11
Name of the offense _________________12
( ) Conviction set aside/dismissed_____/____/_______13
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 14
( ) More than 5 years have passed15
since completion of sentence?16
OFFENSE La. Rev. Stat. Ann. § _______ : ________17
Name of the offense _________________18
( ) Conviction set aside/dismissed_____/____/_______19
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 20
( ) More than 5 years have passed21
since completion of sentence?22
OFFENSE La. Rev. Stat. Ann. § _______ : ________23
Name of the offense _________________24
( ) Conviction set aside/dismissed_____/____/_______25
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 26
( ) More than 5 years have passed27
since completion of sentence?28
OFFENSE La. Rev. Stat. Ann. § _______ : ________29
Name of the offense _________________30
( ) Conviction set aside/dismissed_____/____/_______31
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 32
( ) More than 5 years have passed33
since completion of sentence?34
OFFENSE La. Rev. Stat. Ann. § _______ : ________35
Name of the offense _________________36
( ) Conviction set aside/dismissed_____/____/_______37
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 38
( ) More than 5 years have passed39
since completion of sentence?40
OFFENSE La. Rev. Stat. Ann. § _______ : ________41
Name of the offense _________________42
( ) Conviction set aside/dismissed_____/____/_______43
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 44
( ) More than 5 years have passed45
since completion of sentence?46 HLS 14RS-162 ORIGINAL
HB NO. 55
Page 29 of 32
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
OFFENSE La. Rev. Stat. Ann. § _______ : ________1
Name of the offense _________________2
( ) Conviction set aside/dismissed_____/____/_______3
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 4
( ) More than 5 years have passed5
since completion of sentence?6
OFFENSE La. Rev. Stat. Ann. § _______ : ________7
Name of the offense _________________8
( ) Conviction set aside/dismissed_____/____/_______9
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 10
( ) More than 5 years have passed11
since completion of sentence?12
OFFENSE La. Rev. Stat. Ann. § _______ : ________13
Name of the offense _________________14
( ) Conviction set aside/dismissed_____/____/_______15
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 16
( ) More than 5 years have passed17
since completion of sentence?18
SUPPLEMENTAL SHEET19
____ Yes ____ NoFELONY CONVICTIONS20
OFFENSE La. Rev. Stat. Ann. § _______ : ________21
Name of the offense _________________22
( ) Conviction set aside/dismissed_____/____/_______23
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 24
( ) More than 10 years have passed25
since completion of sentence26
OFFENSE La. Rev. Stat. Ann. § _______ : ________27
Name of the offense _________________28
( ) Conviction set aside/dismissed_____/____/_______29
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 30
( ) More than 10 years have passed31
since completion of sentence32
OFFENSE La. Rev. Stat. Ann. § _______ : ________33
Name of the offense _________________34
( ) Conviction set aside/dismissed_____/____/_______35
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 36
( ) More than 10 years have passed37
since completion of sentence38
OFFENSE La. Rev. Stat. Ann. § _______ : ________39
Name of the offense _________________40
( ) Conviction set aside/dismissed_____/____/_______41
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 42
( ) More than 10 years have passed43
since completion of sentence44
OFFENSE La. Rev. Stat. Ann. § _______ : ________45
Name of the offense _________________46
( ) Conviction set aside/dismissed_____/____/_______47
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 48
( ) More than 10 years have passed49
since completion of sentence50 HLS 14RS-162 ORIGINAL
HB NO. 55
Page 30 of 32
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are additions.
OFFENSE La. Rev. Stat. Ann. § _______ : ________1
Name of the offense _________________2
( ) Conviction set aside/dismissed_____/____/_______3
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 4
( ) More than 10 years have passed5
since completion of sentence6
OFFENSE La. Rev. Stat. Ann. § _______ : ________7
Name of the offense _________________8
( ) Conviction set aside/dismissed_____/____/_______9
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 10
( ) More than 10 years have passed11
since completion of sentence12
OFFENSE La. Rev. Stat. Ann. § _______ : ________13
Name of the offense _________________14
( ) Conviction set aside/dismissed_____/____/_______15
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 16
( ) More than 10 years have passed17
since completion of sentence18
OFFENSE La. Rev. Stat. Ann. § _______ : ________19
Name of the offense _________________20
( ) Conviction set aside/dismissed_____/____/_______21
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 22
( ) More than 10 years have passed23
since completion of sentence "24
Section 2. R.S. 44:9 is hereby repealed in its entirety.25
Section 3. If any provision of this Act or the application thereof is held invalid, such26
invalidity shall not affect other provisions or applications of this Act which can be given27
effect without the invalid provisions or applications, and to this end, the provisions of this28
Act are hereby declared severable.29
Section 4. The Louisiana State Law Institute is hereby directed to delete any30
references to R.S. 44:9 in Louisiana law and to make any necessary changes to Louisiana31
law to reflect the provisions of this Act.32
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lopinto HB No. 55
Abstract: Rewrites the provisions of expungement law.
Present law provides for the expungement of records of arrest and misdemeanor convictions
in certain circumstances. HLS 14RS-162 ORIGINAL
HB NO. 55
Page 31 of 32
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides for the confidentiality of expunged records and authorizes access to
those records by law enforcement, criminal justice agencies, and statutorily defined entities.
Proposed law retains present law.
Proposed law provides for a comprehensive revision to present law provisions, including the
following major changes:
(1)Moves expungement provisions of law from provisions regarding public records to
the Code of Criminal Procedure.
(2)Provides for statutorily defined forms to be used in motions for expungement and
judgments of expungement.
(3)Prohibits the unauthorized dissemination of expunged records by third parties and
provides penalties for the unauthorized dissemination of expunged record
information.
(4)Provides for a five-year cleansing period without conviction to obtain an
expungement for a misdemeanor conviction.
(5)Provides for a ten-year cleansing period without conviction to obtain an
expungement for a felony conviction.
(6)Deletes provisions of present law authorizing the destruction of criminal records.
(7)Provides for a limitation on the number of expungements a person may obtain.
(8)Provides eligibility criteria to obtain an expungement.
(9)Prohibits the expungement of crimes of violence, sex offenses, and most controlled
dangerous substances violations.
(10)Allows the expungement of a conviction for possession of a controlled dangerous
substance or the possession with intent to distribute a controlled dangerous
substance.
(11)Authorizes the district attorney or the bureau to request a contradictory hearing on
a motion to expunge and provides for time periods for raising objections.
(12)Provides for an expungement by redaction of certain identifying information in the
records of a person who is arrested or convicted with other offenders who are not
entitled to an expungement. Provides that expungement by redaction is the removal
of the name or any other identifying information of the person entitled to the
expungement but otherwise retains the records of the incident as they relate to the
other defendants.
Present law provides for the following fees for expungement:
(1) The La. Bureau of Criminal Identification and Information may charge $250.
(2)The sheriff may charge $50.
(3)The district attorney may charge $50.
Present law authorizes the clerk of court to charge an administrative fee of up to $200. HLS 14RS-162 ORIGINAL
HB NO. 55
Page 32 of 32
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are additions.
Proposed law retains present law and makes the fees nonrefundable.
(Adds C.Cr.P. Arts. 971-993; Repeals R.S. 44:9)