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Regular Session, 2014
HOUSE BILL NO. 55
BY REPRESENTATIVES LOPINTO, ADAMS, ARMES, BADON, WESLEY BISHOP,
BROWN, BURRELL, DIXON, GAINES, GUILLORY, HAZEL, HODGES,
HONORE, HOWARD, KATRINA JACKSON, JEFFERSON, TERRY LANDRY,
MORENO, JIM MORRIS, NORTON, PYLANT, SMITH, AND WOODRUFF 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 995, 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 HLS 14RS-162 ENGROSSED
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arrest or conviction record; to provide for the interim expungement of certain arrests1
from criminal history records; and to provide for related matters.2
Be it enacted by the Legislature of Louisiana:3
Section 1. Title XXXIV of the Code of Criminal Procedure, comprised of Articles4
971 through 995, is hereby enacted to read as follows:5
Art. 971. Legislative findings6
The legislature hereby finds and declares the following:7
(1) Louisiana law provides for the expungement of certain arrest and8
conviction records under limited circumstances. Obtaining an expungement of these9
records allows for the removal of a record from public access but does not result in10
the destruction of the record.11
(2) An expunged record is confidential, but remains available for use by law12
enforcement agencies, criminal justice agencies, and other statutorily defined13
agencies.14
(3) Following the passage of the Maritime Transportation Act of 2002, all15
individuals who wish to work at ports or on vessels regulated by this Act are required16
to obtain a Transportation Worker Identification Credential (TWIC). Obtaining a17
TWIC card requires a criminal history check and clearance which cannot be obtained18
without either a clean record or an expunged record with respect to certain offenses.19
(4) The inability to obtain an expungement can prevent certain individuals20
from obtaining gainful employment.21
(5) The need for employment must be balanced appropriately against the22
desire for public safety. Nothing in this Title shall be construed to limit or impair in23
any way the subsequent use of any expunged record of arrest or conviction in any24
lawful manner by law enforcement, law enforcement agencies, prosecutors, or25
judges, including its use as a predicate offense or for the provisions of the Habitual26
Offender Law.27
(6) It is the intention of the legislature that this Title will provide28
opportunities to break the cycle of criminal recidivism, increase public safety, and29 HLS 14RS-162 ENGROSSED
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assist the growing population of criminal offenders reentering the community to1
establish a self-sustaining life through opportunities in employment.2
(7) In balancing the legitimate needs of law enforcement agencies and the3
desire to afford employment opportunities to all Louisiana citizens, the Louisiana4
Legislature enacts the provisions of this Title within the Code of Criminal Procedure.5
Art. 972. Definitions6
As used in this Title:7
(1) "Expunge a record" means to remove a record of arrest or conviction,8
photographs, fingerprints, disposition, or any other information of any kind from9
public access pursuant to the provisions of this Title. "Expunge a record" does not10
mean destruction of the record.11
(2) "Expungement by redaction" provides for the expungement of records12
of a person who is arrested or convicted with other persons who are not entitled to13
expungement and involves the removal of the name or any other identifying14
information of the person entitled to the expungement and otherwise retains the15
records of the incident as they relate to the other persons.16
(3) "Records" includes any incident reports, photographs, fingerprints,17
disposition, or any other such information of any kind in relation to a single arrest18
event in the possession of the clerk of court, any criminal justice agency, and local19
and state law enforcement agencies but shall not include DNA records.20
Art. 973. Effect of expunged record of arrest or conviction21
A. An expunged record of arrest or conviction shall be confidential and no22
longer considered to be a public record and shall not be made available to any person23
or other entity except for the following:24
(1) To a member of a law enforcement or criminal justice agency or25
prosecutor who shall request that information in writing, certifying that the request26
is for the purpose of investigating, prosecuting, or enforcing criminal law, for the27
purpose of any other statutorily defined law enforcement or administrative duties,28 HLS 14RS-162 ENGROSSED
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or for the purposes of the requirements of sex offender registration and notification1
pursuant to the provisions of R.S. 15:541 et seq.2
(2) On order of a court of competent jurisdiction and after a contradictory3
hearing for good cause shown.4
(3) To the person whose record has been expunged or his counsel.5
(4) Upon written request therefor and on a confidential basis, the information6
contained in an expunged record may be released to the following entities that shall7
maintain the confidentiality of such record: the Office of Financial Institutions, the8
Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing,9
the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of10
Psychologists, the Louisiana Board of Pharmacy, the Louisiana State Board of Social11
Work Examiners, the Emergency Medical Services Certification Commission,12
Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, the13
Louisiana Supreme Court Committee on Bar Admissions, the Louisiana Department14
of Insurance, the Louisiana Licensed Professional Counselors Board of Examiners,15
or any person or entity requesting a record of all criminal arrests and convictions16
pursuant to R.S. 15:587.1, or as otherwise provided by statute.17
B. Except as to those persons and other entities set forth in Paragraph A of18
this Article, no person whose record of arrest or conviction has been expunged shall19
be required to disclose to any person that he was arrested or convicted of the subject20
offense, or that the record of the arrest or conviction has been expunged.21
C. Nothing in this Article shall be construed to limit or impair in any way the22
subsequent use of any expunged record of arrest or conviction by a law enforcement23
agency, criminal justice agency, or prosecutor including its use as a predicate24
offense, for purposes of the Habitual Offender Law, or as otherwise authorized by25
law.26
D. Nothing in this Article shall limit or impair the authority under law to27
consider prior arrests or convictions that have been expunged in pursuing28
prosecution under multiple offender provisions or impede the investigation of any29 HLS 14RS-162 ENGROSSED
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law enforcement official seeking to ascertain or confirm the qualifications of any1
person for any privilege or license authorized by law.2
E. Anyone who violates the provisions of this Article shall be subject to3
contempt proceedings.4
F. Nothing in this Article shall be construed to relieve a person who is5
required to register and provide notice as a child predator or sex offender of any6
obligations and responsibilities provided in R.S. 15:541 et seq.7
Art. 974. Dissemination of expunged records by third parties; court order8
A. A private third-party entity that compiles and disseminates criminal9
history information for compensation shall not disseminate any information in its10
possession regarding an arrest, conviction, or other disposition after it has received11
notice of an issuance of a court order to expunge the record of any such arrest or12
conviction.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. The person obtaining the expungement shall send notice of the order of21
expungement by registered or certified mail with return receipt requested and the22
private third party shall not require a certified or courtesy copy of the order and23
judgment of expunging of the record.24
D. A private third-party entity that disseminates criminal history information25
in violation of this Article may be liable for any damages, court costs, and attorney26
fees that are incurred by the person as a result of the violation who is the subject of27
that information.28 HLS 14RS-162 ENGROSSED
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E. Whoever violates any provisions of this Article shall be punished by a1
fine of not more than two hundred fifty dollars, imprisonment for not more than2
ninety days, or both, if the conviction is for a first violation. Convictions for second3
and subsequent violations shall be punished by a fine of not more than five hundred4
dollars, imprisonment for not more than six months, or both.5
Art. 975. Individuals incarcerated in the custody of the Department of Public Safety6
and Corrections; ineligible to file motion to expunge records7
Notwithstanding any other provision of law to the contrary, a person in the8
custody of the Department of Public Safety and Corrections, or incarcerated in any9
correctional facility shall not be permitted to file a motion to expunge a record of an10
arrest which did not result in a conviction or to expunge a record of an arrest and11
conviction of a misdemeanor or felony offense.12
Art. 976. Motion to expunge record of arrest that did not result in a conviction13
A person may file a motion to expunge a record of his arrest for a felony or14
misdemeanor offense that did not result in a conviction if any of the following apply:15
(1) The person was not prosecuted for the offense for which he was arrested,16
and the limitations on the institution of prosecution have barred the prosecution for17
that offense.18
(2) The district attorney for any reason declined to prosecute any offense19
arising out of that arrest.20
(3) Prosecution was instituted and such proceedings have been finally21
disposed of by dismissal, sustaining of a motion to quash, or acquittal.22
Art. 977. Motion to expunge a record of arrest and conviction of a misdemeanor23
offense24
A. A person may file a motion to expunge his record of arrest and conviction25
of a misdemeanor offense if either of the following apply:26
(1) The conviction was set aside, and the prosecution was dismissed pursuant27
to Code of Criminal Procedure Article 894(B).28 HLS 14RS-162 ENGROSSED
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(2) More than five years have elapsed since the person completed any1
sentence, deferred adjudication, or period of probation or parole, the person has not2
been convicted of any felony offense during the five-year period, and has no criminal3
charge pending against him. The motion filed pursuant to this Subparagraph shall4
include a certification obtained from the district attorney which verifies that, to his5
knowledge, the applicant has no felony convictions during the five-year period and6
no pending felony charges under a bill of information or indictment.7
B. The motion to expunge a record of arrest and conviction of a8
misdemeanor offense shall be served pursuant to the provisions of Code of Criminal9
Procedure Article 979.10
C. No person shall be entitled to expungement of a record if either of the11
following occur:12
(1) The misdemeanor conviction arose from circumstances involving a sex13
offense as defined in R.S. 15:541, except that an interim expungement shall be14
available as authorized by the provisions of Code of Criminal Procedure Article15
985.1.16
(2) The misdemeanor conviction was for domestic abuse battery, which was17
not dismissed pursuant to Code of Criminal Procedure Article 894(B).18
D.(1) Expungement of a record of arrest and conviction of a misdemeanor19
offense shall occur only once with respect to any person during a five-year period,20
unless the person was sentenced pursuant to Code of Criminal Procedure Article21
894(B).22
(2) Expungement of a record of arrest and conviction of a misdemeanor23
offense of operating a vehicle while intoxicated shall occur only once with respect24
to any person during a ten-year period.25
Art. 978. Motion to expunge record of arrest and conviction of a felony offense26
A. Except as provided in Paragraph B of this Article, a person may file a27
motion to expunge his record of arrest and conviction of a felony offense if either of28
the following apply:29 HLS 14RS-162 ENGROSSED
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(1) The conviction was set aside and the prosecution was dismissed pursuant1
to Code of Criminal Procedure Article 893(E).2
(2) More than ten years have elapsed since the person completed any3
sentence, deferred adjudication, or period of probation or parole based on the felony4
conviction, the person has not been convicted of any other criminal offense during5
the ten-year period, and has no criminal charge pending against him. The motion6
filed pursuant to this Subparagraph shall include a certification obtained from the7
district attorney which verifies that, to his knowledge, the applicant has no8
convictions during the ten-year period and no pending charges under a bill of9
information or indictment.10
B. No expungement shall be granted nor shall a person be permitted to file11
a motion to expunge the record of arrest and conviction of a felony offense if the12
person was convicted of the commission or attempted commission of any of the13
following offenses unless otherwise permissible under Code of Criminal Procedure14
Article 893(E):15
(1) A crime of violence as defined by or enumerated in R.S. 14:2(B).16
(2)(a) Notwithstanding the provisions of Code of Criminal Procedure Article17
893, a sex offense or criminal offense against a victim who is a minor as defined by18
R.S. 15:541 and any offense which occurred prior to June 18, 1992, that would be19
defined as a sex offense or criminal offense against a victim who is a minor had it20
occurred on or after June 18, 1992.21
(b) Any person who was convicted of carnal knowledge of a juvenile (R.S.22
14:80) prior to August 15, 2001, is eligible for an expungement pursuant to the23
provisions of this Title if the offense for which the offender was convicted would be24
defined as misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1) had the25
offender been convicted on or after August 15, 2001. The burden is on the mover26
to establish that the elements of the offense of conviction are equivalent to the27
current definition of misdemeanor carnal knowledge of a juvenile as defined by R.S.28
14:80.1. A copy of the order waiving the sex offender registration and notification29 HLS 14RS-162 ENGROSSED
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requirements issued pursuant to the provisions of R.S. 15:542(F) shall be sufficient1
to meet this burden.2
(3) A violation of the Uniform Controlled Dangerous Substances Law,3
except that a conviction for possession of a controlled dangerous substance as4
provided for in R.S. 40:966(C), 967(C), 968(C), or 969(C), or a conviction for5
possession of a controlled dangerous substance with the intent to distribute may be6
expunged pursuant to the provisions of this Title.7
C. The motion to expunge a record of the record of arrest and conviction of8
a felony offense shall be served pursuant to the provisions of Code of Criminal9
Procedure Article 979.10
D. Expungement of a record of arrest and conviction of a felony offense11
shall occur only once with respect to any person during a fifteen-year period.12
Art. 979. Service of motion to expunge a record13
The clerk of court shall serve notice of the motion of expungement by mail14
or electronic mail upon the following entities:15
(1) The district attorney.16
(2) The Louisiana Bureau of Criminal Identification and Information.17
(3) The arresting law enforcement agency.18
Art. 980. Contradictory hearing19
A. Any entity named in Code of Criminal Procedure Article 979(A) that20
receives notice of the motion may object to the granting of a motion to expunge a21
record.22
B.(1) Except as provided in Subparagraph (2) of this Paragraph, an objecting23
party shall file an affidavit of response with reasons for the objection in the record24
with service to the defendant within thirty days from the date of service of the25
motion and specifically state the grounds for the objection.26
(2) If the Louisiana Bureau of Criminal Identification and Information27
objects to the granting of the motion to expunge a record, it shall file an affidavit of28
response with reasons for the objection in the record with service to the defendant29 HLS 14RS-162 ENGROSSED
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within one hundred and twenty days from the date of the service of the motion until1
August 1, 2015. On August 1, 2015, and thereafter, if the Louisiana Bureau of2
Criminal Identification and Information objects to the granting of the motion to3
expunge a record, it shall file an affidavit of response with reasons for the objection4
in the record with service to the defendant within sixty days from the date of the5
service of the motion.6
C. The court may grant an extension of time to file an objection not to7
exceed sixty days from the date of service of the motion to expunge a record.8
D. Any objection timely filed shall have a contradictory hearing.9
E. The objecting agency must show by a preponderance of the evidence why10
the motion of expungement should not be granted.11
F. If no objection is filed by an agency listed under Article 979(A), the12
defendant may waive the contradictory hearing, and the court shall grant the motion13
to expunge the record if the court determines that the mover is entitled to the14
expungement in accordance with law.15
G. Any agency listed under Article 979(A) may expressly waive its time16
period to object by filing a formal "No Opposition" into the record.17
Art. 981. Judgment granting motion to expunge a record of arrest or conviction;18
execution19
A judgment ordering expungement of a record of arrest or of conviction of20
a misdemeanor or felony offense shall be served as provided for in Code of Criminal21
Procedure Article 982. The judgment shall not affect any persons or other entities22
set forth in Code of Criminal Procedure Article 979(A) or 982(A) who have not been23
served with the motion and judgment ordering the expungement of a record.24
Art. 982. Service of order and judgment of expungement25
The clerk of court shall serve the order and judgment of expungement of a26
record upon all of the following entities:27
(1) The district attorney.28
(2) The Louisiana Bureau of Criminal Identification and Information.29 HLS 14RS-162 ENGROSSED
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(3) The Department of Public Safety and Corrections, corrections services.1
(4) The sheriff of the parish of conviction.2
(5) The arresting agency.3
Art. 983. Costs of expungement of a record; fees; collection; exemptions;4
disbursements5
A. Except as provided for in Code of Criminal Procedure Articles 894 and6
984, the total cost to obtain a court order expunging a record shall not exceed five7
hundred fifty dollars.8
B. The nonrefundable processing fees for a court order expunging a record9
shall be as follows:10
(1) The Louisiana Bureau of Criminal Identification and Information may11
charge a processing fee of two hundred fifty dollars for the expungement of any12
record of arrest when ordered to do so by the court in compliance with the provisions13
of this Title.14
(2) The sheriff may charge a processing fee of fifty dollars for the15
expungement of any record of arrest when ordered to do so by the court in16
compliance with the provisions of this Title.17
(3) The district attorney may charge a processing fee of fifty dollars for the18
expungement of any record of arrest when ordered to do so by the court in19
compliance with the provisions of this Title.20
(4) The clerk of court may charge a processing fee not to exceed two21
hundred dollars to cover the clerk's costs of the expungement.22
C. The clerk of court shall collect all processing fees at the time the motion23
for expungement is filed.24
D. The clerk shall immediately direct the collected processing fees as25
follows:26
(1) The clerk shall direct the collected processing fee provided for in27
Subparagraph (B)(1) of this Article to the Louisiana Bureau of Criminal28 HLS 14RS-162 ENGROSSED
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Identification and Information, and the processing fee amount shall be deposited1
immediately upon receipt into the Criminal Identification and Information Fund.2
(2) The clerk shall direct the collected processing fees provided for in3
Subparagraphs (B)(2) and (3) of this Article to the sheriff and the district attorney,4
and the processing fee amount shall be remitted immediately upon receipt in equal5
proportions to the office of the district attorney and the sheriff's general fund.6
E. The processing fees provided for by this Article are nonrefundable and7
shall not be returned even if the court does not grant the motion for expungement.8
F. An applicant for the expungement of a record shall not be required to pay9
any fee to the clerk of court, the Louisiana Bureau of Criminal Identification and10
Information, sheriff, the district attorney, or any other agency to obtain or execute11
an order of a court of competent jurisdiction to expunge the arrest from the12
individual's arrest record if a certification obtained from the district attorney is13
presented to the clerk of court which verifies that the applicant has no felony14
convictions and no pending felony charges under a bill of information or indictment15
and at least one of the following applies:16
(1) The applicant was acquitted, after trial, of all charges derived from the17
arrest, including any lesser and included offense.18
(2) The district attorney consents, and the case against the applicant was19
dismissed or the district attorney declined to prosecute the case prior to the time20
limitations prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure,21
and the applicant did not participate in a pretrial diversion program.22
(3) The applicant was arrested and was never prosecuted within the time23
limitations prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure24
and did not participate in a pretrial diversion program.25
(4) The applicant has been determined to be factually innocent and entitled26
to compensation for a wrongful conviction pursuant to the provisions of R.S.27
15:572.8.28 HLS 14RS-162 ENGROSSED
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G. Notwithstanding any other provision of law to the contrary, a juvenile1
who has successfully completed any juvenile drug court program operated by a court2
of this state shall be exempt from payment of the processing fees otherwise3
authorized by this Article.4
Art. 984. Additional requirements for the expungement of records involving the5
operation of a vehicle while intoxicated; additional fee6
A. A person convicted of operating a vehicle while intoxicated shall be7
required to supplement the motions required in this Title with proof in the form of8
a certified letter from the Department of Public Safety and Corrections, office of9
motor vehicles, that the requirements of this Article have been complied with shall10
be attached to the motion to expunge the record of arrest and conviction for operating11
a vehicle while intoxicated.12
B. The court shall order the clerk of court to mail to the Department of13
Public Safety and Corrections, office of motor vehicles, all of the following as14
provided by the defendant:15
(1) A certified copy of the record of the plea of guilty or nolo contendere.16
(2) Fingerprints of the defendant.17
(3) Proof of the requirements as set forth in Code of Criminal Procedure18
Article 556 or 556.1 which shall include the defendant's date of birth, social security19
number, and driver's license number.20
C. An additional fifty dollar court cost shall be assessed at this time against21
the defendant and paid to the Department of Public Safety and Corrections, office of22
motor vehicles, for the costs of storage and retrieval of the records.23
Art. 985. Expungement by redaction of records with references to multiple24
individuals25
A. If a record includes the name of more than one individual and one or26
more of the individuals is entitled to an expungement of an arrest or conviction27
pursuant to the provisions of this Title, any individual entitled to an expungement28 HLS 14RS-162 ENGROSSED
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may petition the court to have records related to the arrest or conviction of the1
individual expunged by redaction.2
B. If the court grants the expungement by redaction, the name of the3
individual and all other identifying information regarding the individual granted the4
expungement by redaction shall be redacted from all records regarding the arrest and5
conviction. The redacted records shall be available for public access.6
C. The clerk of court shall not be liable for any damages resulting to any7
person or entity as a consequence of expunging or redacting or for the failure to8
expunge or redact any record where the expungement order does not specifically9
identify all locations of the records to be expunged or specify the information to be10
redacted.11
Art. 985.1. Interim motion to expunge a felony arrest from criminal history in12
certain cases resulting in a misdemeanor conviction13
A. A person may file an interim motion to expunge a felony arrest from his14
criminal history when that original arrest results in a conviction for a misdemeanor.15
In such cases, only the original felony arrest may be expunged.16
B. The interim motion to expunge an arrest from criminal history is separate17
and distinct from an expungement of a final conviction pursuant to Code of Criminal18
Procedure Articles 976, 977, and 978.19
C. Except as provided in Paragraph D of this Article, an interim motion to20
expunge a felony arrest from criminal history shall follow the same procedures and21
fees established pursuant to the provisions of Code of Criminal Procedure Article22
979, et seq.23
D. An interim motion to expunge shall not be subject to the time limitations24
provided for in Articles 977(A)(2) or 978(A)(2), and there shall be no restriction on25
the number of interim expungements which may be granted.26
Art. 986. Forms for the expungement of records27
A. Only the forms provided for in Articles 987, 988, 989, 990, 991, and 99228
shall be used for filing motions to expunge a record of an arrest which did not result29 HLS 14RS-162 ENGROSSED
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in a conviction or for the expungement of a record of an arrest and conviction of a1
misdemeanor or felony offense.2
B. Supplemental forms may be added to any petition as long as they adhere3
to the form provided for in Article 993.4
Art. 987. Motion to set aside conviction and dismiss prosecution; rule to show5
cause; order of dismissal forms to be used6
" STATE OF LOUISIANA7
JUDICIAL DISTRICT FOR THE PARISH OF 8
______________________________9
No.: _____________ Division: "_______"10
State of Louisiana11
vs.12
_______________________________________________________13
MOTION TO SET ASIDE CONVICTION AND 14
DISMISS PROSECUTION15
NOW INTO HONORABLE COURT, comes 16
G Defendant, OR17
G Defendant through undersigned Counsel, 18
who moves that the conviction pursuant to Louisiana Code of Criminal Procedure19
G 894(B) Misdemeanors, OR20
G 893(E) Felonies21
in the above numbered case be set aside and that the prosecution dismissed in22
accordance with the Code of Criminal Procedure in that the period of the deferred23
sentence has run and petitioner has successfully completed the terms of his24
probation.25 HLS 14RS-162 ENGROSSED
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The mover is further identified below:1
DOCKET NUMBER: _______________________2
CHARGE: _______________________3
DATE OF ARREST: _______________________4
ARRESTING AGENCY: _______________________5
CITY/PARISH OF ARREST: _______________________6
The Mover prays that, after a contradictory hearing with the District7
Attorney's Office, the Court order the above numbered case be set aside and that the8
prosecution dismissed in accordance with the Code of Criminal Procedure.9
Respectfully submitted,10
____________________________________11
Signature of Attorney for Mover/Defendant12
____________________________________13
Attorney for Mover/Defendant Name14
____________________________________15
Attorney's Bar Roll No.16
____________________________________17
Address18
____________________________________19
City, State, ZIP Code20
____________________________________21
Telephone Number22
If not represented by counsel:23
____________________________________24
Signature of Mover/Defendant25
____________________________________26
Mover/Defendant Name27
____________________________________28
Address29
____________________________________30
City, State, ZIP Code31
____________________________________32
Telephone Number33 HLS 14RS-162 ENGROSSED
HB NO. 55
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are additions.
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 ENGROSSED
HB NO. 55
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are additions.
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 ENGROSSED
HB NO. 55
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are additions.
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 Title XVII of the Code of32
Criminal Procedure and the arrestee did not participate in a pretrial diversion33
program for the arrest listed above.34 HLS 14RS-162 ENGROSSED
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are additions.
OR1
G The case involving the arrestee listed above was dismissed or the district2
attorney declined to prosecute the case prior to the time limitations3
prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure, and4
the arrestee did not participate in a pretrial diversion program.5
OR6
G The arrestee listed above has been determined to be factually innocent and7
entitled to compensation for a wrongful conviction pursuant to the provisions8
of R.S. 15:572.8.9
_____________________________________10
District Attorney or his designee - Print Name11
_____________________________________ __________________, 20____"12
District Attorney or his designee - Signature Date 13
Art. 989. Motion for expungement forms to be used14
" STATE OF LOUISIANA15
JUDICIAL DISTRICT FOR THE PARISH OF 16
______________________________17
No.: _____________ Division: "_______"18
State of Louisiana19
vs.20
_______________________________________________________21
MOTION FOR EXPUNGEMENT22
NOW INTO COURT comes mover, who provides the court with the23
following information in connection with this request:24
I. DEFENDANT INFORMATION25
NAME: ___________________________________________________________26
(Last, First, MI)27
DOB: ________/______/_______ (MM/DD/YYYY)28
GENDER _____ Female _____Male29
SSN (last 4 digits): XXX-XX-________30
RACE: _________________ 31
DRIVER LIC.# _________________32
ARRESTING AGENCY: __________________________________________33
SID# (if available): _________________34 HLS 14RS-162 ENGROSSED
HB NO. 55
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are additions.
ITEM NUMBER: _________________1
ARREST NUMBER: _________________2
Mover is entitled to expunge the record of his arrest/conviction pursuant to3
Louisiana Code of Criminal Procedure 971 et seq. and states the following in4
support:5
II.ARREST INFORMATION6
1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)7
2. _____ YES _____ NO A supplemental sheet with arrests and/or8
convictions is attached after page 2 of this9
Motion. 10
3. Mover was:11
_____ YES _____ NO Arrested, but it did not result in conviction12
_____ YES _____ NO Convicted of and seeks to expunge a13
misdemeanor 14
_____ YES _____ NO Convicted of and seeks to expunge a felony 15
4. Mover was booked and/or charged with the following offenses: (List each16
offense booked and charged separately. Attach a supplemental sheet, if17
necessary.)18
____ Yes ____ No ARRESTS THAT DID NOT RESULT IN CONVICTION19
OFFENSE 1 La. Rev. Stat. Ann. § _______ : ________20
Name of the offense __________________21
( ) Time expired for prosecution__________________22
(MM/DD/YYYY) 23
( ) Not prosecuted for any offense 24
arising out of this charge.25
( ) Pre-trial Diversion Program.26
( ) DWI Pre-Trial Diversion Program 27
and 5 years have elapsed since the 28
date of arrest.29
( ) Charge dismissed 30
( ) Found not guilty/judgment of acquittal31
OFFENSE 2 La. Rev. Stat. Ann. § _______ : ________32
Name of the offense __________________33
( ) Time expired for prosecution__________________34
(MM/DD/YYYY) 35
( ) Not prosecuted for any 36
offense arising out of this charge.37
( ) Pre-trial Diversion Program.38
( ) Charge dismissed 39
( ) Found not guilty/judgment of acquittal40
OFFENSE 3 La. Rev. Stat. Ann. § _______ : ________41
Name of the offense __________________42
( ) Time expired for prosecution__________________43
(MM/DD/YYYY) 44 HLS 14RS-162 ENGROSSED
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( ) Not prosecuted for any offense 1
arising out of this charge.2
( ) Pre-trial Diversion Program.3
( ) Charge dismissed 4
( ) Found not guilty/judgment of acquittal5
____ Yes ____ NoMISDEMEANOR CONVICTIONS6
OFFENSE 1 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 2 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
____ Yes ____ NoFELONY CONVICTIONS19
OFFENSE 1 La. Rev. Stat. Ann. § _______ : ________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 sentence24
OFFENSE 2 La. Rev. Stat. Ann. § _______ : ________25
( ) Conviction set aside/dismissed_____/____/_______26
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 27
( ) More than 10 years have passed28
since completion of sentence29
____ Yes ____ NoOPERATING A MOTOR VEHICLE WHILE30
INTOXICATED CONVICTIONS31
Mover has attached the following:32
( )A copy of the proof from the Department of Public Safety and33
Corrections, office of motor vehicles, that it has received from the34
clerk of court a certified copy of the record of the plea, fingerprints35
of the defendant, and proof of the requirements set forth in C.Cr.P.36
Art. 556, which shall include the defendant's date of birth, last four37
digits of social security number, and driver's license number38
5. Mover has attached to this Motion the following pertinent documents:39
G Criminal Background Check from the La. State Police/Parish Sheriff40
dated within the past 30 days (required). 41
G Bill(s) of Information (if any). 42
G Minute entry showing final disposition of case (if any). 43 HLS 14RS-162 ENGROSSED
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are additions.
G Certification Letter from the District Attorney for fee waiver (if1
eligible).2
G Certification Letter from the District Attorney verifying that the3
applicant has no convictions or pending applicable criminal charges4
in the requisite time periods.5
G Certification Letter from the District Attorney verifying that the6
charges were refused.7
G Certification Letter from the District Attorney verifying that the8
applicant did not participate in a pretrial diversion program.9
The Mover prays that a Rule to Show Cause be issued herein setting a10
contradictory hearing with the arresting law enforcement agency, the District11
Attorney's Office, and Louisiana Bureau of Criminal Identification and Information,12
why an order should not be granted expunging the record of arrest and/or conviction13
set forth above, including all photographs, fingerprints, disposition, or any other such14
information, which record shall be confidential and no longer considered a public15
record, nor be made available to other persons, except a prosecutor, member of a law16
enforcement agency, or a judge who may request such information in writing,17
certifying that such request is for the purpose of prosecuting, investigating, or18
enforcing the criminal law, for the purpose of any other statutorily defined law19
enforcement or administrative duties, or for the purpose of the requirements of sex20
offender registration and notification pursuant to the provisions of R.S. 15:541, et21
seq. or as an order of this Court to any other person for good cause shown, or as22
otherwise authorized by law.23
If an "Affidavit of No Opposition" by each agency named herein is attached24
hereto and made a part hereof, Defendant requests that no contradictory hearing be25
required and the Motion be granted ex parte.26
Respectfully submitted,27
____________________________________28
Signature of Attorney for Mover/Defendant29
____________________________________30
Attorney for Mover/Defendant Name31
____________________________________32
Attorney's Bar Roll No.33 HLS 14RS-162 ENGROSSED
HB NO. 55
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are additions.
____________________________________1
Address2
____________________________________3
City, State, ZIP Code4
____________________________________5
Telephone Number6
If not represented by counsel:7
____________________________________8
Signature of Mover/Defendant9
____________________________________10
Mover/Defendant Name11
____________________________________12
Address13
____________________________________14
City, State, ZIP Code15
____________________________________16
Telephone Number "17
Art. 990. Affidavit of response form to be used18
" STATE OF LOUISIANA19
JUDICIAL DISTRICT FOR THE PARISH OF 20
______________________________21
No.: ______________ Division: "_______"22
State of Louisiana23
vs.24
_______________________________________________________25
AFFIDAVIT OF RESPONSE26
Pursuant to Louisiana Code of Criminal Procedure Article 980, the District27
Attorney for the Parish of __________________ acknowledges the following:28
G No Opposition. Respondent respectfully consents to waiver of the29
contradictory hearing.30
G Opposition to the Motion of Expungement with Reasons. Respondent31
respectfully requests a contradictory hearing.32
OR33
Pursuant to Louisiana Code of Criminal Procedure Article 980, the Louisiana34
Bureau of Criminal Identification and Information acknowledges the following:35 HLS 14RS-162 ENGROSSED
HB NO. 55
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are additions.
G No Opposition. Respondent respectfully consents to waiver of the1
contradictory hearing.2
G Opposition to the Motion of Expungement with Reasons. Respondent3
respectfully requests a contradictory hearing.4
OR5
Pursuant to Louisiana Code of Criminal Procedure Article 980, the arresting6
law enforcement agency__________________acknowledges the following:7
G No Opposition. Respondent respectfully consents to waiver of the8
contradictory hearing.9
G Opposition to the Motion of Expungement with Reasons. Respondent10
respectfully requests a contradictory hearing.11
Respectfully submitted,12
____________________________________13
Signature of Attorney 14
____________________________________15
Attorney's Bar Roll No.16
____________________________________17
Address18
____________________________________19
City, State, ZIP Code20
____________________________________21
Telephone Number22
PLEASE SERVE:23
1. District Attorney: ______________________________________________24
OR Louisiana Bureau of Criminal Identification and Information 25
2. Attorney for Defendant and/or Defendant ___________________________"26
Art. 991. Rule to show cause form to be used27
" STATE OF LOUISIANA28
JUDICIAL DISTRICT FOR THE PARISH OF29
______________________________30
No.: _____________ Division: "_______"31
State of Louisiana32
vs.33
_______________________________________________________34 HLS 14RS-162 ENGROSSED
HB NO. 55
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are additions.
RULE TO SHOW CAUSE1
IT IS HEREBY ORDERED,2
G That the District Attorney and the Louisiana Bureau of Criminal3
Identification and Information and the arresting law enforcement agency4
show cause on the _______ day of ______________________, 20 _____, at5
______o'clock __m why the foregoing motion should not be granted.6
G NO CONTRADICTORY HEARING SHALL BE REQUIRED as7
evidenced by the "Affidavit of No Opposition" executed by each agency8
named herein and attached to the Motion for Expungement.9
THUS ORDERED AND SIGNED this ____ day of _________________,10
20 ____ at ______________, Louisiana, ___________________________.11
___________________________12
JUDGE13
PLEASE SERVE:14
1. District Attorney: _______________________________________________15
2. Louisiana Bureau of Criminal Identification and Information 16
3. Attorney for Defendant and/or Defendant ___________________________"17
4. Arresting Agency: ____________________________________________18
Art. 992. Order of expungement form to be used19
" STATE OF LOUISIANA20
JUDICIAL DISTRICT FOR THE PARISH OF 21
______________________________22
No.: ____________ Division: "_______"23
State of Louisiana24
vs.25
_______________________________________________________26
ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD27
Considering the Motion for Expungement 28
G the hearing conducted and evidence adduced herein, OR29
G Affidavits of No Opposition filed,30 HLS 14RS-162 ENGROSSED
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are additions.
IT IS ORDERED, ADJUDGED AND DECREED1
G THE MOTION IS DENIED for the following reasons (check all that apply):2
G More than five years have not elapsed since Mover completed the3
misdemeanor conviction sentence.4
G More than ten years have not elapsed since Mover completed the5
felony conviction sentence.6
G Mover was convicted of one of the following ineligible felony7
offenses:8
G A violation of the Uniform Controlled Dangerous Substances9
Law which is ineligible to be expunged.10
G An offense currently listed as a sex offense that requires11
registration pursuant to La. Rev. Stat. Ann. 15:540 et seq., at12
the time the Motion was filed, regardless of whether the duty13
to register was ever imposed.14
G An offense defined or enumerated as a "crime of violence"15
pursuant to La. Rev. Stat. Ann. 14:2(B) at the time the16
Motion was filed.17
G The arrest and conviction being sought to have expunged is for18
operating a motor vehicle while intoxicated and a copy of the proof19
from the Department of Public Safety and Corrections, office of20
motor vehicles, is not attached as required by C.Cr.P. Art. 984(A).21
G Mover has had another record of misdemeanor conviction expunged22
during the previous five-year period.23
G The record of arrest and conviction which Mover seeks to have24
expunged is for operating a motor vehicle while intoxicated and25
Mover has had another record of arrest and misdemeanor conviction26
expunged during the previous ten-year period. 27
G Mover has had another record of felony conviction expunged during28
the previous fifteen-year period.29
G Mover was convicted of a misdemeanor which arose from30
circumstances involving a sex offense as defined in R.S. 15:541.31
G Mover was convicted of misdemeanor offense of domestic abuse32
battery which was not dismissed pursuant to Code of Criminal33
Procedure Article 894(B).34
G Mover did not complete pretrial diversion.35
G The charges against the mover were not dismissed or refused.36
G Mover's felony conviction was not set aside and dismissed pursuant37
to Code of Criminal Procedure Article 893(E).38
G Mover's felony conviction was not set aside and dismissed pursuant39
to Code of Criminal Procedure Article 894(B).40 HLS 14RS-162 ENGROSSED
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are additions.
G Mover completed a DWI pretrial diversion program, but five years1
have not elapsed since the mover's date of arrest.2
G Mover's conviction for felony carnal knowledge of a juvenile is not3
defined as misdemeanor carnal knowledge of a juvenile had the4
mover been convicted on or after August 15, 2001.5
G Denial for any other reason provided by law with attached reasons for6
denial.7
G THE MOTION IS HEREBY GRANTED and all agencies are8
ordered to expunge the record of arrest/conviction and any photographs, fingerprints,9
or any other such information of any kind maintained in connection with the10
Arrest(s)/Conviction(s) in the above-captioned matter, which record shall be11
confidential and no longer considered a public record, nor be available to other12
persons except a prosecutor, member of a law enforcement agency, or a judge who13
may request such information in writing certifying that such request is for the14
purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose15
of any other statutorily defined law enforcement or administrative duties, or for the16
purpose of the requirements of sex offender registration and notification pursuant to17
the provisions of R.S. 15:541, et seq. or upon an order of this Court to any other18
person for good cause shown, or as otherwise authorized by law.19
NAME: _______________________________________________________20
(Last, First, MI)21
DOB:______/_____/______ (MM/DD/YY)22
GENDER: _____ Female _____Male23
SSN (last 4 digits):XXX-XX-_________24
RACE: _________________25
DRIVER LIC.# _________________26
ARRESTING AGENCY: ______________________________________27
SID# (if available):_________________28
ITEM NUMBER: _________________29
ARREST NUMBER: _________________30
ARREST DATE: ______/_____/______ (MM/DD/YY)31 HLS 14RS-162 ENGROSSED
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are additions.
THUS ORDERED AND SIGNED this _____ day of _______________, 201
____at ________________, Louisiana, this ____ day of ______________, 20____.2
___________________________________3
JUDGE4
PLEASE SERVE:5
1. District Attorney: ______________________________________________6
2. Arresting Agency: _____________________________________________7
3. Local Police (if not arresting agency): _______________________________8
4. Parish Sheriff: ________________________________________________9
5. Louisiana Bureau of Criminal Identification and Information10
6. Attorney for Defendant (if any): ____________________________________11
7. Defendant: __________________________________________________"12
Art. 993. Supplemental forms to be used13
" SUPPLEMENTAL SHEET14
____ Yes ____ NoARRESTS THAT DID NOT RESULT IN CONVICTION15
OFFENSE La. Rev. Stat. Ann. § _______ : ________16
Name of the offense _________________17
( ) Time expired for prosecution _____/____/_______18
(MM/DD/YYYY) 19
( ) Charge refused by DA - not prosecuted.20
( ) Pre-trial Diversion Program.21
( ) Charge dismissed 22
( ) Found not guilty/judgment of acquittal23
OFFENSE La. Rev. Stat. Ann. § _______ : ________24
Name of the offense _________________25
( ) Time expired for prosecution _____/____/_______26
(MM/DD/YYYY) 27
( ) Charge refused by DA - not prosecuted.28
( ) Pre-trial Diversion Program.29
( ) Charge dismissed 30
( ) Found not guilty/judgment of acquittal31
OFFENSE La. Rev. Stat. Ann. § _______ : ________32
Name of the offense _________________33
( ) Time expired for prosecution _____/____/_______34
(MM/DD/YYYY) 35
( ) Charge refused by DA - not prosecuted.36
( ) Pre-trial Diversion Program.37
( ) Charge dismissed 38
( ) Found not guilty/judgment of acquittal39
OFFENSE La. Rev. Stat. Ann. § _______ : ________40
Name of the offense _________________41
( ) Time expired for prosecution _____/____/_______42
(MM/DD/YYYY) 43
( ) Charge refused by DA - not prosecuted.44
( ) Pre-trial Diversion Program.45
( ) Charge dismissed 46
( ) Found not guilty/judgment of acquittal47 HLS 14RS-162 ENGROSSED
HB NO. 55
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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
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
SUPPLEMENTAL SHEET17
____ Yes ____ NoMISDEMEANOR CONVICTIONS18
OFFENSE La. Rev. Stat. Ann. § _______ : ________19
Name of the offense _________________20
( ) Conviction set aside/dismissed_____/____/_______21
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 22
( ) More than 5 years have passed23
since completion of sentence.24
OFFENSE La. Rev. Stat. Ann. § _______ : ________25
Name of the offense _________________26
( ) Conviction set aside/dismissed_____/____/_______27
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 28
( ) More than 5 years have passed29
since completion of sentence.30
OFFENSE La. Rev. Stat. Ann. § _______ : ________31
Name of the offense _________________32
( ) Conviction set aside/dismissed_____/____/_______33
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 34
( ) More than 5 years have passed35
since completion of sentence.36
OFFENSE La. Rev. Stat. Ann. § _______ : ________37
Name of the offense _________________38
( ) Conviction set aside/dismissed_____/____/_______39
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 40
( ) More than 5 years have passed41
since completion of sentence.42
OFFENSE La. Rev. Stat. Ann. § _______ : ________43
Name of the offense _________________44
( ) Conviction set aside/dismissed_____/____/_______45
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 46
( ) More than 5 years have passed47
since completion of sentence.48 HLS 14RS-162 ENGROSSED
HB NO. 55
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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. 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
OFFENSE La. Rev. Stat. Ann. § _______ : ________19
Name of the offense _________________20
( ) Conviction set aside/dismissed_____/____/_______21
pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY) 22
( ) More than 5 years have passed23
since completion of sentence.24
SUPPLEMENTAL SHEET25
____ Yes ____ NoFELONY CONVICTIONS26
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 HLS 14RS-162 ENGROSSED
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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 sentence24
OFFENSE La. Rev. Stat. Ann. § _______ : ________25
Name of the offense _________________26
( ) Conviction set aside/dismissed_____/____/_______27
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 28
( ) More than 10 years have passed29
since completion of sentence30
OFFENSE La. Rev. Stat. Ann. § _______ : ________31
Name of the offense _________________32
( ) Conviction set aside/dismissed_____/____/_______33
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 34
( ) More than 10 years have passed35
since completion of sentence "36
Art. 994. Motion for interim expungement form to be used37
"STATE OF LOUISIANA38
JUDICIAL DISTRICT FOR THE PARISH OF 39
______________________________40
No.: _____________ Division: "_______"41
State of Louisiana42
vs.43
_______________________________________________________44 HLS 14RS-162 ENGROSSED
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MOTION FOR INTERIM EXPUNGEMENT1
NOW INTO COURT comes mover, who provides the court with the2
following information in connection with this request:3
I. DEFENDANT INFORMATION4
NAME: ___________________________________________________________5
(Last, First, MI)6
DOB: ________/______/_______ (MM/DD/YYYY)7
GENDER _____ Female _____Male8
SSN (last 4 digits): XXX-XX-________9
RACE: _________________ 10
DRIVER LIC.# _________________11
ARRESTING AGENCY: __________________________________________12
SID# (if available): _________________13
ITEM NUMBER: _________________14
ARREST NUMBER: _________________15
Mover is entitled to expunge the entry of the felony charge(s) of his arrest16
pursuant to Louisiana Code of Criminal Procedure Article 985.1 and states the17
following in support:18
II.ARREST INFORMATION19
1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)20
2. _____ YES _____ NO A supplemental sheet with arrests and/or21
convictions is attached after page 2 of this22
Motion. 23
3. Mover was:24
_____ YES _____ NO Arrested for a felony offense.25
_____ YES _____ NO Convicted of a misdemeanor arising out of26
that felony offense.27
28
4. Mover was booked and/or charged with the following offenses: (List each29
offense booked and charged separately. Attach a supplemental sheet, if30
necessary.)31 HLS 14RS-162 ENGROSSED
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____ Yes ____ No FELONY ARREST THAT RESULTED IN A1
MISDEMEANOR CONVICTION2
OFFENSE 1 La. Rev. Stat. Ann. § _______ : ________3
Name of the offense __________________4
__________________5
(MM/DD/YYYY) 6
( ) Felony charge dismissed.7
( ) Convicted of misdemeanor offense arising out of8
felony arrest.9
5.Mover has attached to his Motion a criminal background check from the10
Louisiana State Police/Parish Sheriff dated within the past thirty days11
(required).12
The Mover prays that a Rule to Show Cause be issued herein setting a13
contradictory hearing with the arresting law enforcement agency, the District14
Attorney's Office, and Louisiana Bureau of Criminal Identification and Information,15
why an order should not be granted expunging the entry of the felony charges set16
forth above.17
If an "Affidavit of No Opposition" by each agency named herein is attached18
hereto and made a part hereof, Defendant requests that no contradictory hearing be19
required and the Motion be granted ex parte.20
Respectfully submitted,21
____________________________________22
Signature of Attorney for Mover/Defendant23
____________________________________24
Attorney for Mover/Defendant Name25
____________________________________26
Attorney's Bar Roll No.27
____________________________________28
Address29
____________________________________30
City, State, ZIP Code31
____________________________________32
Telephone Number33
If not represented by counsel:34
____________________________________35
Signature of Mover/Defendant36
____________________________________37
Mover/Defendant Name38
____________________________________39
Address40 HLS 14RS-162 ENGROSSED
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____________________________________1
City, State, ZIP Code2
____________________________________3
Telephone Number "4
5
Art. 995. Order of interim expungement form to be used6
"STATE OF LOUISIANA7
JUDICIAL DISTRICT FOR THE PARISH OF 8
______________________________9
No.: ____________ Division: "_______"10
State of Louisiana11
vs.12
_______________________________________________________13
ORDER OF EXPUNGEMENT OF INTERIM ARREST RECORD14
Considering the Motion for Expungement 15
G The hearing conducted and evidence adduced herein, OR16
G Affidavits of No Opposition filed,17
IT IS ORDERED, ADJUDGED AND DECREED18
G THE MOTION IS DENIED for the following reasons (check all that apply):19
G Mover was not arrested for a felony.20
G Mover was not convicted of a misdemeanor offense. 21
G THE MOTION IS HEREBY GRANTED and the Louisiana Bureau of22
Criminal Identification and Information is hereby ordered to expunge the23
entry of the felony charge(s) contained in the criminal history of the24
above-named for the following felony charge(s):25
La. R.S. _______: ________ 26
Name of Offense________________________________27
La. R.S. _______: ________ 28
Name of Offense________________________________29
IT IS FURTHER ORDERED that the Clerk of Court, District Attorney and30
arresting agency expunge the entry of the felony charge(s) from any public indices31
of the above-named on the above enumerated charge(s).32
THUS ORDERED AND SIGNED this ____ day of _________________________,33
20 ______ at _________________________, Louisiana.34
____________________________35
JUDGE36
Section 2. R.S. 44:9 is hereby repealed in its entirety.37 HLS 14RS-162 ENGROSSED
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Section 3. If any provision of this Act or the application thereof is held invalid, such1
invalidity shall not affect other provisions or applications of this Act which can be given2
effect without the invalid provisions or applications, and to this end, the provisions of this3
Act are hereby declared severable.4
Section 4. The Louisiana State Law Institute is hereby directed to delete any5
references to R.S. 44:9 in Louisiana law and to make any necessary changes to Louisiana6
law to reflect the provisions of this Act.7
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.
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 a conviction of a felony 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. HLS 14RS-162 ENGROSSED
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(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 La. Bureau of Criminal Identification and
Information 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.
(13)Provides for an interim expungement of a felony arrest when that original arrest
results in a conviction for a misdemeanor. Provides that these expungements are not
subject to the cleansing period and are unlimited. Prohibits the expungement of
misdemeanor convictions arising from the felony arrest.
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.
Proposed law retains present law and makes the fees nonrefundable.
Proposed law authorizes the clerk of court to charge an administrative fee of up to $200.
Present law provides that an applicant for expungement does not have to pay any fees for an
expungement 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
provided for 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
provided for in present law and did not participate in a pretrial diversion program.
Proposed law retains the provisions of present law and adds an additional circumstance for
the exemption of expungement fees when the applicant has been determined to be factually
innocent and entitled to compensation for a wrongful conviction pursuant to present law.
(Adds C.Cr.P. Arts. 971-995; Repeals R.S. 44:9) HLS 14RS-162 ENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Made numerous technical changes to the proposed law forms to provide that the
provisions of law were consistent with the language of the forms.
2. Required the person seeking the expungement to send the notice of the order of
the expungement to any private third party disseminating criminal history
information.
3. Provided that the five-year cleansing period for misdemeanor convictions applied
to five years without a felony conviction. Reinstated present law regarding
expungement of misdemeanor convictions.
4. Provided for interim expungements of felony arrests which result in convictions
of misdemeanor offenses.
5. Prohibited the expungement of certain offenses arising out of felony arrests.
6. Granted the La. Bureau of Criminal Identification and Information 120 days to
object to a motion to expunge a record for one year. On or after Aug. 1, 2015,
this period is reduced to 60 days.
7. Added an additional circumstance for the exemption of expungement fees when
the applicant has been determined to be factually innocent and entitled to
compensation for a wrongful conviction pursuant to present law.