HLS 14RS-162 REENGROSSED
Page 1 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 55
BY REPRESENTATIVES LOPINTO, ADAMS, ARMES, BADON, BARRAS, WESLEY
BISHOP, BROSSETT, BROWN, HENRY BURNS, BURRELL, CARMODY,
CARTER, COX, DIXON, GAINES, GUILLORY, HARRISON, HAZEL, HODGES,
HOFFMANN, HONORE, HOWARD, HUNTER, KATRINA JACKSON, JAMES,
JEFFERSON, NANCY LANDRY, TERRY LANDRY, MORENO, JIM MORRIS,
PYLANT, SMITH, ST. GERMAIN, THIERRY, PATRICK WILLIAMS, AND
WOODRUFF AND SENATORS GALLOT, GUILLORY, MARTINY, MILLS,
AND MORRELL
CRIMINAL/PROCEDURE: Revises provisions of law regarding expungement
AN ACT1
To amend and reenact R.S. 44:4.1(38), to enact Title XXXIV of the Code of Criminal2
Procedure, to be comprised of Articles 971 through 995, and to repeal R.S. 44:9,3
relative to expungement; to provide for the effect of expunged records; to provide4
for definitions; to authorize the expungement of certain felony conviction records;5
to prohibit the dissemination of expunged records by third parties; to provide6
penalties for the unlawful dissemination of expunged records by third parties; to7
provide for legislative findings; to provide for applicability; to provide for8
procedures for obtaining an expungement; to provide for filing of motions to obtain9
an expungement; to provide for service of motions for expungement; to provide for10
service of judgments of expungement; to authorize the expungement of conviction11
records after a certain period of time has elapsed; to provide for eligibility to obtain12
an expungement; to delete provisions of law referring to destruction of arrest or13
conviction records; to provide for the assessment of certain fees for expungement;14
to provide that certain fees are nonrefundable; to provide for expungement by15
redaction of records; to provide for uniform forms for expungement; to provide for16
the exemption of certain fees in certain circumstances; to provide for a judgment17 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 2 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
granting an expungement; to provide for contradictory hearings; to prohibit1
incarcerated individuals from filing a motion to expunge an arrest or conviction2
record; to provide for the interim expungement of certain arrests from criminal3
history records; to provide for exceptions to the public records law; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Title XXXIV of the Code of Criminal Procedure, comprised of Articles7
971 through 995, is hereby enacted to read as follows:8
Art. 971. Legislative findings9
The legislature hereby finds and declares the following:10
(1) Louisiana law provides for the expungement of certain arrest and11
conviction records under limited circumstances. Obtaining an expungement of these12
records allows for the removal of a record from public access but does not result in13
the destruction of the record.14
(2) An expunged record is confidential, but remains available for use by law15
enforcement agencies, criminal justice agencies, and other statutorily defined16
agencies.17
(3) Following the passage of the Maritime Transportation Security Act of18
2002, all individuals who wish to work at ports or on vessels regulated by this Act19
are required to obtain a Transportation Worker Identification Credential (TWIC).20
Obtaining a TWIC card requires a criminal history check and clearance which cannot21
be obtained without either a clean record or an expunged record with respect to22
certain offenses.23
(4) The inability to obtain an expungement can prevent certain individuals24
from obtaining gainful employment.25
(5) The need for employment must be balanced appropriately against the26
desire for public safety. Nothing in this Title shall be construed to limit or impair in27
any way the subsequent use of any expunged record of arrest or conviction in any28
lawful manner by law enforcement, law enforcement agencies, prosecutors, or29 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 3 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
judges, including its use as a predicate offense or for the provisions of the Habitual1
Offender Law.2
(6) It is the intention of the legislature that this Title will provide3
opportunities to break the cycle of criminal recidivism, increase public safety, and4
assist the growing population of criminal offenders reentering the community to5
establish a self-sustaining life through opportunities in employment.6
(7) In balancing the legitimate needs of law enforcement agencies and the7
desire to afford employment opportunities to all Louisiana citizens, the Louisiana8
Legislature enacts the provisions of this Title within the Code of Criminal Procedure.9
Art. 972. Definitions10
As used in this Title:11
(1) "Expunge a record" means to remove a record of arrest or conviction,12
photographs, fingerprints, disposition, or any other information of any kind from13
public access pursuant to the provisions of this Title. "Expunge a record" does not14
mean destruction of the record.15
(2) "Expungement by redaction" provides for the expungement of records16
of a person who is arrested or convicted with other persons who are not entitled to17
expungement and involves the removal of the name or any other identifying18
information of the person entitled to the expungement and otherwise retains the19
records of the incident as they relate to the other persons.20
(3) "Interim expungement" means to expunge a felony arrest from the21
criminal history of a person who was convicted of a misdemeanor offense arising out22
of the original felony arrest. Only the original felony arrest may be expunged in an23
interim expungement.24
(4) "Records" includes any incident reports, photographs, fingerprints,25
disposition, or any other such information of any kind in relation to a single arrest26
event in the possession of the clerk of court, any criminal justice agency, and local27
and state law enforcement agencies but shall not include DNA records.28 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 4 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Art. 973. Effect of expunged record of arrest or conviction1
A. An expunged record of arrest or conviction shall be confidential and no2
longer considered to be a public record and shall not be made available to any person3
or other entity except for the following:4
(1) To a member of a law enforcement or criminal justice agency or5
prosecutor who shall request that information in writing, certifying that the request6
is for the purpose of investigating, prosecuting, or enforcing criminal law, for the7
purpose of any other statutorily defined law enforcement or administrative duties,8
or for the purposes of the requirements of sex offender registration and notification9
pursuant to the provisions of R.S. 15:540 et seq.10
(2) On order of a court of competent jurisdiction and after a contradictory11
hearing for good cause shown.12
(3) To the person whose record has been expunged or his counsel.13
(4) To a member of a law enforcement or criminal justice agency,14
prosecutor, or judge, who requests that information in writing, certifying that the15
request is for the purpose of defending a law enforcement, criminal justice agency,16
or prosecutor in a civil suit for damages resulting from wrongful arrest or other civil17
litigation and the expunged record is necessary to provide a proper defense.18
B. Upon written request therefor and on a confidential basis, the information19
contained in an expunged record may be released to the following entities that shall20
maintain the confidentiality of such record: the Office of Financial Institutions, the21
Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing,22
the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of23
Psychologists, the Louisiana Board of Pharmacy, the Louisiana State Board of Social24
Work Examiners, the Emergency Medical Services Certification Commission,25
Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, the26
Louisiana Supreme Court Committee on Bar Admissions, the Louisiana Department27
of Insurance, the Louisiana Licensed Professional Counselors Board of Examiners,28 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 5 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
or any person or entity requesting a record of all criminal arrests and convictions1
pursuant to R.S. 15:587.1, or as otherwise provided by law.2
C. Except as to those persons and other entities set forth in Paragraph A of3
this Article, no person whose record of arrest or conviction has been expunged shall4
be required to disclose to any person that he was arrested or convicted of the subject5
offense, or that the record of the arrest or conviction has been expunged.6
D. Any person who fails to maintain the confidentiality of records as7
required by the provisions of this Article shall be subject to contempt proceedings.8
E. Nothing in this Article shall be construed to limit or impair in any way the9
subsequent use of any expunged record of any arrests or convictions by a law10
enforcement agency, criminal justice agency, or prosecutor including its use as a11
predicate offense, for the purposes of the Habitual Offender Law, or as otherwise12
authorized by law.13
F. Nothing in this Article shall be construed to limit or impair the authority14
of a law enforcement official to use an expunged record of any arrests or convictions15
in conducting an investigation to ascertain or confirm the qualifications of any16
person for any privilege or license as required or authorized by law.17
G. Nothing in this Article shall be construed to limit or impair in any way18
the subsequent use of any expunged record of any arrests or convictions by a "news-19
gathering organization". For the purposes of this Title, "news-gathering20
organization" means all of the following:21
(1) A newspaper, or news publication, printed or electronic, of current news22
and intelligence of varied, broad, and general public interest, having been published23
for a minimum of one year and that can provide documentation of membership in a24
statewide or national press association, as represented by an employee thereof who25
can provide documentation of his employment with the newspaper, wire service, or26
news publication.27 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 6 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) A radio broadcast station, television broadcast station, cable television1
operator, or wire service as represented by an employee thereof who can provide2
documentation of his employment.3
H. Nothing in this Article shall be construed to relieve a person who is4
required to register and provide notice as a child predator or sex offender of any5
obligations and responsibilities provided in R.S. 15:541 et seq.6
Art. 974. Dissemination of expunged records by third parties; court order7
A. A private third-party entity, excluding a news-gathering organization, that8
compiles and disseminates criminal history information for compensation shall not9
disseminate any information in its possession regarding an arrest, conviction, or10
other disposition after it has received notice of an issuance of a court order to11
expunge the record of any such arrest or conviction. The provisions of this12
Paragraph shall not apply to private third-party entities which are regulated by the13
Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or the Gramm-Leach-Bliley Act14
(15 U.S.C. 6801-6809).15
B. The person obtaining the expungement shall send notice of the order of16
expungement by certified or registered mail with return receipt requested and a17
certified copy of the order of expungement.18
C. A private third-party entity that publicly disseminates criminal history19
information in violation of this Article after having received notice as provided for20
in Paragraph B of this Article, may be liable for any actual damages, court costs, and21
attorney fees that are incurred by the person whose criminal history was22
disseminated.23
Art. 975. Individuals incarcerated; ineligible to file motion to expunge records24
Notwithstanding any other provision of law to the contrary, a person in the25
custody of the Department of Public Safety and Corrections, or incarcerated in any26
correctional facility shall not be permitted to file a motion to expunge a record of an27
arrest which did not result in a conviction or to expunge a record of an arrest and28
conviction of a misdemeanor or felony offense.29 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 7 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Art. 976. Motion to expunge record of arrest that did not result in a conviction1
A person may file a motion to expunge a record of his arrest for a felony or2
misdemeanor offense that did not result in a conviction if any of the following apply:3
(1) The person was not prosecuted for the offense for which he was arrested,4
and the limitations on the institution of prosecution have barred the prosecution for5
that offense.6
(2) The district attorney for any reason declined to prosecute any offense7
arising out of that arrest.8
(3) Prosecution was instituted and such proceedings have been finally9
disposed of by dismissal, sustaining of a motion to quash, or acquittal.10
Art. 977. Motion to expunge a record of arrest and conviction of a misdemeanor11
offense12
A. A person may file a motion to expunge his record of arrest and conviction13
of a misdemeanor offense if either of the following apply:14
(1) The conviction was set aside and the prosecution was dismissed pursuant15
to Code of Criminal Procedure Article 894(B).16
(2) More than five years have elapsed since the person completed any17
sentence, deferred adjudication, or period of probation or parole, and the person has18
not been convicted of any felony offense during the five-year period, and has no19
felony charge pending against him. The motion filed pursuant to this Subparagraph20
shall include a certification obtained from the district attorney which verifies that to21
his knowledge the applicant has no felony convictions during the five-year period22
and no pending felony charges under a bill of information or indictment.23
B. The motion to expunge a record of arrest and conviction of a24
misdemeanor offense shall be served pursuant to the provisions of Code of Criminal25
Procedure Article 979.26
C. No person shall be entitled to expungement of a record under either of the27
following circumstances:28 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 8 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(1) The misdemeanor conviction arose from circumstances involving a sex1
offense as defined in R.S. 15:541, except that an interim expungement shall be2
available as authorized by the provisions of Code of Criminal Procedure Article3
985.1.4
(2) The misdemeanor conviction was for domestic abuse battery which was5
not dismissed pursuant to Code of Criminal Procedure Article 894(B).6
D.(1) Expungement of a record of arrest and conviction of a misdemeanor7
offense shall occur only once with respect to any person during a five-year period,8
unless the person was sentenced pursuant to Code of Criminal Procedure Article9
894(B).10
(2) Expungement of a record of arrest and conviction of a misdemeanor11
offense of operating a vehicle while intoxicated shall occur only once with respect12
to any person during a ten-year period.13
Art. 978. Motion to expunge record of arrest and conviction of a felony offense14
A. Except as provided in Paragraph B of this Article, a person may file a15
motion to expunge his record of arrest and conviction of a felony offense if either of16
the following apply:17
(1) The conviction was set aside and the prosecution was dismissed pursuant18
to Code of Criminal Procedure Article 893(E).19
(2) More than ten years have elapsed since the person completed any20
sentence, deferred adjudication, or period of probation or parole based on the felony21
conviction, and the person has not been convicted of any other criminal offense22
during the ten-year period, and has no criminal charge pending against him. The23
motion filed pursuant to this Subparagraph shall include a certification obtained from24
the district attorney which verifies that, to his knowledge, the applicant has no25
convictions during the ten-year period and no pending charges under a bill of26
information or indictment.27
B. No expungement shall be granted nor shall a person be permitted to file28
a motion to expunge the record of arrest and conviction of a felony offense if the29 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 9 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
person was convicted of the commission or attempted commission of any of the1
following offenses:2
(1) Unless otherwise permissible under Code of Criminal Procedure Article3
893(E), a crime of violence as defined by or enumerated in R.S. 14:2(B).4
(2)(a) Notwithstanding any provision of Code of Criminal Procedure Article5
893, a sex offense or a criminal offense against a victim who is a minor as each term6
is defined by R.S. 15:541, or any offense which occurred prior to June 18, 1992, that7
would be defined as a sex offense or a criminal offense against a victim who is a8
minor had it occurred on or after June 18, 1992.9
(b) Any person who was convicted of carnal knowledge of a juvenile (R.S.10
14:80) prior to August 15, 2001, is eligible for an expungement pursuant to the11
provisions of this Title if the offense for which the offender was convicted would be12
defined as misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1) had the13
offender been convicted on or after August 15, 2001. The burden is on the mover14
to establish that the elements of the offense of conviction are equivalent to the15
current definition of misdemeanor carnal knowledge of a juvenile as defined by R.S.16
14:80.1. A copy of the order waiving the sex offender registration and notification17
requirements issued pursuant to the provisions of R.S. 15:542(F) shall be sufficient18
to meet this burden.19
(3) Unless otherwise permissible under Code of Criminal Procedure Article20
893(E), a violation of the Uniform Controlled Dangerous Substances Law, except21
that a conviction for possession of a controlled dangerous substance as provided for22
in R.S. 40:966(C), 967(C), 968(C), or 969(C), or a conviction for possession of a23
controlled dangerous substance with the intent to distribute may be expunged24
pursuant to the provisions of this Title.25
C. The motion to expunge a record of the record of arrest and conviction of26
a felony offense shall be served pursuant to the provisions of Code of Criminal27
Procedure Article 979.28 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 10 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
D. Expungement of a record of arrest and conviction of a felony offense1
shall occur only once with respect to any person during a fifteen-year period.2
Art. 979. Service of motion to expunge a record3
The clerk of court shall serve notice of the motion of expungement by U.S.4
mail or electronically upon the following entities:5
(1) The district attorney.6
(2) The Louisiana Bureau of Criminal Identification and Information.7
(3) The arresting law enforcement agency.8
Art. 980. Contradictory hearing9
A. Any entity named in Code of Criminal Procedure Article 979 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 affidavit of response with reasons for the objection in the record14
with service to the defendant within thirty days from the date of service of the15
motion and specifically state the grounds for the 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 affidavit of18
response with reasons for the objection in the record with service to the defendant19
within one hundred and twenty days from the date of the service of the motion until20
August 1, 2015. On August 1, 2015, and thereafter, if the Louisiana Bureau of21
Criminal Identification and Information objects to the granting of the motion to22
expunge a record, it shall file an affidavit of response with reasons for the objection23
in the record with service to the defendant within sixty days from the date of the24
service of the motion.25
C. The court may grant an extension of time to file an objection not to26
exceed sixty days from the date of service of the motion to expunge a record.27
D. Any objection timely filed shall have a contradictory hearing. If an28
objection is timely filed, the district attorney shall file a motion and order setting the29 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 11 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
matter for a contradictory hearing. A notice of hearing shall be served on the1
defendant and those persons provided for in Code of Criminal Procedure Article 979.2
E. The objecting agency must show by a preponderance of the evidence why3
the motion of expungement should not be granted.4
F. If no objection is filed by an agency listed under Article 979, the5
defendant may waive the contradictory hearing, and the court shall grant the motion6
to expunge the record if the court determines that the mover is entitled to the7
expungement in accordance with law.8
G. Any agency listed under Article 979 may expressly waive its time period9
to object by filing a formal "No Opposition" into the record.10
Art. 981. Judgment granting motion to expunge a record of arrest or conviction;11
execution12
A judgment ordering expungement of a record of arrest or of conviction of13
a misdemeanor or felony offense shall be served as provided for in Code of Criminal14
Procedure Article 982. The judgment shall not affect any persons or other entities15
set forth in Code of Criminal Procedure Article 979 or 982 who have not been served16
with the motion and judgment ordering the expungement of a record.17
Art. 982. Service of order and judgment of expungement18
The clerk of court shall serve the order and judgment of expungement of a19
record by U.S. mail or electronically upon all of the following entities:20
(1) The district attorney.21
(2) The Louisiana Bureau of Criminal Identification and Information.22
(3) The sheriff of the parish of conviction.23
(4) The arresting agency.24
Art. 983. Costs of expungement of a record; fees; collection; exemptions;25
disbursements26
A. Except as provided for in Code of Criminal Procedure Articles 894 and27
984, the total cost to obtain a court order expunging a record shall not exceed five28
hundred fifty dollars.29 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 12 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. The nonrefundable processing fees for a court order expunging a record1
shall be as follows:2
(1) The Louisiana Bureau of Criminal Identification and Information may3
charge a processing fee of two hundred fifty dollars for the expungement of any4
record of arrest when ordered to do so by the court in compliance with the provisions5
of this Title.6
(2) The sheriff may charge a processing fee of fifty dollars for the7
expungement of any record of arrest when ordered to do so by the court in8
compliance with the provisions of this Title.9
(3) The district attorney may charge a processing fee of fifty dollars for the10
expungement of any record of arrest when ordered to do so by the court in11
compliance with the provisions of this Title.12
(4) The clerk of court may charge a processing fee not to exceed two13
hundred dollars to cover the clerk's costs of the expungement.14
C. The clerk of court shall collect all processing fees at the time the motion15
for expungement is filed.16
D.(1) The clerk shall immediately direct the collected processing fee17
provided for in Subparagraph (B)(1) of this Article to the Louisiana Bureau of18
Criminal Identification and Information, and the processing fee amount shall be19
deposited immediately upon receipt into the Criminal Identification and Information20
Fund.21
(2) The clerk shall immediately direct the collected processing fees provided22
for in Subparagraphs (B)(2) and (3) of this Article to the sheriff and the district23
attorney, and the processing fee amount shall be remitted immediately upon receipt24
in equal proportions to the office of the district attorney and the sheriff's general25
fund.26
E. The processing fees provided for by this Article are nonrefundable and27
shall not be returned even if the court does not grant the motion for expungement.28 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 13 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
F. An applicant for the expungement of a record shall not be required to pay1
any fee to the clerk of court, the Louisiana Bureau of Criminal Identification and2
Information, sheriff, the district attorney, or any other agency to obtain or execute3
an order of a court of competent jurisdiction to expunge the arrest from the4
individual's arrest record if a certification obtained from the district attorney is5
presented to the clerk of court which verifies that the applicant has no felony6
convictions and no pending felony charges under a bill of information or indictment7
and at least one of the following applies:8
(1) The applicant was acquitted, after trial, of all charges derived from the9
arrest, including any lesser and included offense.10
(2) The district attorney consents, and the case against the applicant was11
dismissed or the district attorney declined to prosecute the case prior to the time12
limitations prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure,13
and the applicant did not participate in a pretrial diversion program.14
(3) The applicant was arrested and was not prosecuted within the time15
limitations prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure16
and did not participate in a pretrial diversion program.17
(4) The applicant was determined to be factually innocent and entitled to18
compensation for a wrongful conviction pursuant to the provisions of R.S. 15:572.8.19
G. Notwithstanding any other provision of law to the contrary, a juvenile20
who has successfully completed any juvenile drug court program operated by a court21
of this state shall be exempt from payment of the processing fees otherwise22
authorized by this Article.23
Art. 984. Additional requirements for the expungement of records involving the24
operation of a vehicle while intoxicated; additional fee25
A. A person convicted of operating a vehicle while intoxicated shall be26
required to supplement the motions required in this Title with proof in the form of27
a certified letter from the Department of Public Safety and Corrections, office of28
motor vehicles, that the person has complied with the requirements of this Article.29 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 14 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
The certified letter shall be attached to the motion to expunge the record of arrest and1
conviction for operating a vehicle while intoxicated.2
B. The court shall order the clerk of court to mail to the Department of3
Public Safety and Corrections, office of motor vehicles, all of the following as4
provided by the defendant:5
(1) A certified copy of the record of the plea of guilty or nolo contendere.6
(2) Fingerprints of the defendant.7
(3) Proof that the defendant meets the requirements as set forth in Code of8
Criminal Procedure Article 556 or 556.1 which shall include the defendant's date of9
birth, social security number, and driver's license number.10
C. An additional fifty dollar court cost shall be assessed at this time against11
the defendant and paid to the Department of Public Safety and Corrections, office of12
motor vehicles, for the costs of storage and retrieval of the records.13
Art. 985. Expungement by redaction of records with references to multiple14
individuals15
A. If a record includes the name of more than one individual and one or16
more of the individuals is entitled to an expungement of an arrest or conviction17
pursuant to the provisions of this Title, any individual entitled to an expungement18
may petition the court to have records related to the arrest or conviction of the19
individual expunged by redaction.20
B. If the court grants the expungement by redaction, the name of the21
individual and all other identifying information regarding the individual granted the22
expungement by redaction shall be redacted from all records regarding the arrest and23
conviction. The redacted records shall be available for public access.24
C. The clerk of court shall not be liable for any damages resulting to any25
person or entity as a consequence of expunging or redacting or for the failure to26
expunge or redact any record where the expungement order does not specifically27
identify all locations of the records to be expunged or specify the information to be28
redacted.29 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 15 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Art. 985.1. Interim motion to expunge a felony arrest from criminal history in1
certain cases resulting in a misdemeanor conviction2
A. A person may file an interim motion to expunge a felony arrest from his3
criminal history when that original arrest results in a conviction for a misdemeanor.4
In such cases, only the original felony arrest may be expunged.5
B. The interim motion to expunge a felony arrest which results in a6
misdemeanor conviction from criminal history is separate and distinct from an7
expungement of a final conviction pursuant to Code of Criminal Procedure Articles8
976, 977, and 978.9
C. Except as provided in Paragraph D of this Article, an interim motion to10
expunge a felony arrest from criminal history shall follow the same procedures and11
fees established pursuant to the provisions of Code of Criminal Procedure Article12
979, et seq.13
D. An interim motion to expunge shall not be subject to the time limitations14
provided for in Articles 977(A)(2) or 978(A)(2), and there shall be no restriction on15
the number of interim expungements which may be granted.16
Art. 986. Forms for the expungement of records17
A. Only the forms provided for in Articles 987, 988, 989, 990, 991, 992, 993,18
994, and 995 shall be used for filing motions to expunge a record of an arrest which19
did not result in a conviction, for the expungement of a record of arrest and20
conviction of a misdemeanor or felony offense, or for an interim motion to expunge21
a felony offense which resulted in a misdemeanor conviction.22
B. Supplemental forms may be added to any petition as long as they adhere23
to the form provided for in Article 993.24 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 16 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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 that the prosecution dismissed in18
accordance with the Code of Criminal Procedure in that the period of the deferred19
sentence has run and petitioner has successfully completed the terms of his20
probation.21
The mover is further identified below:22
DOCKET NUMBER: _______________________23
CHARGE: _______________________24
DATE OF ARREST: _______________________25
ARRESTING AGENCY: _______________________26
CITY/PARISH OF ARREST: _______________________27 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 17 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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 REENGROSSED
HB NO. 55
Page 18 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
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 REENGROSSED
HB NO. 55
Page 19 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
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.15
___________________________________16
JUDGE17
PLEASE SERVE:18
1. District Attorney:________________________________________________19
2. Attorney for Defendant and/or Defendant ___________________________"20 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 20 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
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 REENGROSSED
HB NO. 55
Page 21 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
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 REENGROSSED
HB NO. 55
Page 22 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ARREST NUMBER: _________________1
Mover is entitled to expunge the record of his arrest/conviction pursuant to2
Louisiana Code of Criminal Procedure 971 et seq. and states the following in3
support:4
II.ARREST INFORMATION5
1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)6
2. _____ YES _____ NO A supplemental sheet with arrests and/or7
convictions is attached after page 2 of this8
Motion. 9
3. Mover was:10
_____ YES _____ NO Arrested, but it did not result in conviction11
_____ YES _____ NO Convicted of and seeks to expunge a12
misdemeanor 13
_____ YES _____ NO Convicted of and seeks to expunge a felony 14
4. Mover was booked and/or charged with the following offenses: (List each15
offense booked and charged separately. Attach a supplemental sheet, if16
necessary.)17
____ Yes ____ No ARRESTS THAT DID NOT RESULT IN CONVICTION18
ITEM NO. 1 La. Rev. Stat. Ann. § _______ : ________19
Name of the offense __________________20
( ) Time expired for prosecution__________________21
(MM/DD/YYYY) 22
( ) Not prosecuted for any offense 23
arising out of this charge.24
( ) Pre-trial Diversion Program.25
( ) DWI Pre-Trial Diversion Program 26
and 5 years have elapsed since the 27
date of arrest.28
( ) Charge dismissed 29
( ) Found not guilty/judgment of acquittal30
ITEM NO. 2 La. Rev. Stat. Ann. § _______ : ________31
Name of the offense __________________32
( ) Time expired for prosecution__________________33
(MM/DD/YYYY) 34
( ) Not prosecuted for any 35
offense arising out of this charge.36
( ) Pre-trial Diversion Program.37
( ) Charge dismissed 38
( ) Found not guilty/judgment of acquittal39 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 23 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ITEM NO. 3 La. Rev. Stat. Ann. § _______ : ________1
Name of the offense __________________2
( ) Time expired for prosecution__________________3
(MM/DD/YYYY) 4
( ) Not prosecuted for any offense 5
arising out of this charge.6
( ) Pre-trial Diversion Program.7
( ) Charge dismissed 8
( ) Found not guilty/judgment of acquittal9
____ Yes ____ NoMISDEMEANOR CONVICTIONS10
ITEM NO. 1 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
ITEM NO. 2 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
____ Yes ____ NoFELONY CONVICTIONS23
ITEM NO. 1 La. Rev. Stat. Ann. § _______ : ________24
( ) Conviction set aside/dismissed_____/____/_______25
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 26
( ) More than 10 years have passed27
since completion of sentence28
ITEM NO. 2 La. Rev. Stat. Ann. § _______ : ________29
( ) Conviction set aside/dismissed_____/____/_______30
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 31
( ) More than 10 years have passed32
since completion of sentence33
____ Yes ____ NoOPERATING A MOTOR VEHICLE WHILE34
INTOXICATED CONVICTIONS35
Mover has attached the following:36
( )A copy of the proof from the Department of Public Safety and37
Corrections, office of motor vehicles, that it has received from the38
clerk of court a certified copy of the record of the plea, fingerprints39
of the defendant, and proof of the requirements set forth in C.Cr.P.40
Art. 556, which shall include the defendant's date of birth, last four41
digits of social security number, and driver's license number42
5. Mover has attached to this Motion the following pertinent documents:43
G Criminal Background Check from the La. State Police/Parish Sheriff44
dated within the past 30 days (required). 45
G Bill(s) of Information (if any). 46 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 24 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
G Minute entry showing final disposition of case (if any). 1
G Certification Letter from the District Attorney for fee waiver (if2
eligible).3
G Certification Letter from the District Attorney verifying that the4
applicant has no convictions or pending applicable criminal charges5
in the requisite time periods.6
G Certification Letter from the District Attorney verifying that the7
charges were refused.8
G Certification Letter from the District Attorney verifying that the9
applicant did not participate in a pretrial diversion program.10
G A copy of the order waiving the sex offender registration and11
notification requirements.12
The Mover prays that if there is no objection timely filed by the arresting law13
enforcement agency, the district attorney's office, or the Louisiana Bureau of14
Criminal Investigation and Information, that an order be issued herein ordering the15
expungement of the record of arrest and/or conviction set forth above, including all16
photographs, fingerprints, disposition, or any other such information, which record17
shall be confidential and no longer considered a public record, nor be made available18
to other persons, except a prosecutor, member of a law enforcement agency, or a19
judge who may request such information in writing, certifying that such request is20
for the purpose of prosecuting, investigating, or enforcing the criminal law, for the21
purpose of any other statutorily defined law enforcement or administrative duties,22
or for the purpose of the requirements of sex offender registration and notification23
pursuant to the provisions of R.S. 15:541, et seq. or as an order of this Court to any24
other person for good cause shown, or as otherwise authorized by law.25
If an "Affidavit of No Opposition" by each agency named herein is attached26
hereto and made a part hereof, Defendant requests that no contradictory hearing be27
required and the Motion be granted ex parte.28
Respectfully submitted,29
____________________________________30
Signature of Attorney for Mover/Defendant31
____________________________________32
Attorney for Mover/Defendant Name33 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 25 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
____________________________________1
Attorney's Bar Roll No.2
____________________________________3
Address4
____________________________________5
City, State, ZIP Code6
____________________________________7
Telephone Number8
If not represented by counsel:9
____________________________________10
Signature of Mover/Defendant11
____________________________________12
Mover/Defendant Name13
____________________________________14
Address15
____________________________________16
City, State, ZIP Code17
____________________________________18
Telephone Number "19
Art. 990. Affidavit of response form to be used20
" STATE OF LOUISIANA21
JUDICIAL DISTRICT FOR THE PARISH OF 22
______________________________23
No.: ______________ Division: "_______"24
State of Louisiana25
vs.26
_______________________________________________________27
AFFIDAVIT OF RESPONSE28
Pursuant to Louisiana Code of Criminal Procedure Article 980, the District29
Attorney for the Parish of __________________ acknowledges the following:30
G No Opposition. Respondent respectfully consents to waiver of the31
contradictory hearing.32 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 26 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
G Opposition to the Motion of Expungement with Reasons. Respondent1
respectfully requests a contradictory hearing.2
OR3
Pursuant to Louisiana Code of Criminal Procedure Article 980, the Louisiana4
Bureau of Criminal Identification and Information acknowledges the following:5
G No Opposition. Respondent respectfully consents to waiver of the6
contradictory hearing.7
G Opposition to the Motion of Expungement with Reasons. Respondent8
respectfully requests a contradictory hearing.9
OR10
Pursuant to Louisiana Code of Criminal Procedure Article 980, the arresting11
law enforcement agency__________________acknowledges the following:12
G No Opposition. Respondent respectfully consents to waiver of the13
contradictory hearing.14
G Opposition to the Motion of Expungement with Reasons. Respondent15
respectfully requests a contradictory hearing.16
Respectfully submitted,17
____________________________________18
Signature of Attorney 19
____________________________________20
Attorney's Bar Roll No.21
____________________________________22
Address23
____________________________________24
City, State, ZIP Code25
____________________________________26
Telephone Number27
PLEASE SERVE:28
1. District Attorney:______________________________________________29
2. Louisiana Bureau of Criminal Identification and Information___________30
3. The Arresting Law Enforcement Agency___________________________31 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 27 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§991. Order form to be used1
" STATE OF LOUISIANA2
JUDICIAL DISTRICT FOR THE PARISH OF3
______________________________4
No.: _____________ Division: "_______"5
State of Louisiana6
vs.7
_______________________________________________________8
ORDER9
IT IS HEREBY ORDERED,10
G If there is an objection to the Motion for Expungement, the district attorney11
and the arresting law enforcement agency shall file a motion to object within12
thirty days of the service of this Order.13
G If the Louisiana Bureau of Criminal Identification and Information objects14
to the Motion for Expungement, they shall file a motion within 120 days of15
the service of this order (prior to August 1, 2015) and within 60 days of16
service of this order (after August 1, 2015).17
G NO CONTRADICTORY HEARING SHALL BE REQUIRED as18
evidenced by the "Affidavit of No Opposition" executed by each agency19
named herein and attached to the Motion for Expungement.20
THUS ORDERED AND SIGNED this ____ day of _________________,21
20 ____ at ______________, Louisiana, ___________________________.22
___________________________23
JUDGE24
PLEASE SERVE:25
1. District Attorney:________________________________________________26
2. Louisiana Bureau of Criminal Identification and Information_____________27
3. Arresting Agency: ____________________________________________"28 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 28 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
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 Item(s) No. ______________ the following14
reasons (check all that apply): 15
G More than five years have not elapsed since Mover completed the16
misdemeanor conviction sentence.17
G More than ten years have not elapsed since Mover completed the18
felony conviction sentence.19
G Mover was convicted of one of the following ineligible felony20
offenses:21
G A violation of the Uniform Controlled Dangerous Substances22
Law which is ineligible to be expunged.23
G An offense currently listed as a sex offense that requires24
registration pursuant to La. Rev. Stat. Ann. 15:540 et seq., at25
the time the Motion was filed, regardless of whether the duty26
to register was ever imposed.27
G An offense defined or enumerated as a "crime of violence"28
pursuant to La. Rev. Stat. Ann. 14:2(B) at the time the29
Motion was filed.30
G The arrest and conviction being sought to have expunged is for31
operating a motor vehicle while intoxicated and a copy of the proof32
from the Department of Public Safety and Corrections, office of33
motor vehicles, is not attached as required by C.Cr.P. Art. 984(A).34
G Mover has had another record of misdemeanor conviction expunged35
during the previous five-year period.36
G The record of arrest and conviction which Mover seeks to have37
expunged is for operating a motor vehicle while intoxicated and38 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 29 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Mover has had another record of arrest and misdemeanor conviction1
expunged during the previous ten-year period. 2
G Mover has had another record of felony conviction expunged during3
the previous fifteen-year period.4
G Mover was convicted of a misdemeanor which arose from5
circumstances involving a sex offense as defined in R.S. 15:541.6
G Mover was convicted of misdemeanor offense of domestic abuse7
battery which was not dismissed pursuant to Code of Criminal8
Procedure Article 894(B).9
G Mover did not complete pretrial diversion.10
G The charges against the mover were not dismissed or refused.11
G Mover's felony conviction was not set aside and dismissed pursuant12
to Code of Criminal Procedure Article 893(E).13
G Mover's felony conviction was not set aside and dismissed pursuant14
to Code of Criminal Procedure Article 894(B).15
G Mover completed a DWI pretrial diversion program, but five years16
have not elapsed since the mover's date of arrest.17
G Mover's conviction for felony carnal knowledge of a juvenile is not18
defined as misdemeanor carnal knowledge of a juvenile had the19
mover been convicted on or after August 15, 2001.20
G Denial for any other reason provided by law with attached reasons for21
denial.22
G THE MOTION IS HEREBY GRANTED for Item(s) No.23
____________ and all agencies are ordered to expunge the record of24
arrest/conviction and any photographs, fingerprints, or any other such information25
of any kind maintained in connection with the Arrest(s)/Conviction(s) in the above-26
captioned matter, which record shall be confidential and no longer considered a27
public record, nor be available to other persons except a prosecutor, member of a law28
enforcement agency, or a judge who may request such information in writing29
certifying that such request is for the purpose of prosecuting, investigating, or30
enforcing the criminal law, for the purpose of any other statutorily defined law31
enforcement or administrative duties, or for the purpose of the requirements of sex32
offender registration and notification pursuant to the provisions of R.S. 15:541, et33
seq. or upon an order of this Court to any other person for good cause shown, or as34
otherwise authorized by law.35 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 30 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
NAME: _______________________________________________________1
(Last, First, MI)2
DOB:______/_____/______ (MM/DD/YY)3
GENDER: _____ Female _____Male4
SSN (last 4 digits):XXX-XX-_________5
RACE: _________________6
DRIVER LIC.# _________________7
ARRESTING AGENCY: ______________________________________8
SID# (if available):_________________9
ARREST NUMBER: _________________10
ARREST DATE: ______/_____/______ (MM/DD/YY)11
THUS ORDERED AND SIGNED this _____ day of _______________, 2012
____at ________________, Louisiana. 13
___________________________________14
JUDGE15
PLEASE SERVE:16
1. District Attorney: ______________________________________________17
2. Arresting Agency: _____________________________________________18
3. Parish Sheriff:________________________________________________19
4. Louisiana Bureau of Criminal Identification and Information___________20
5. Attorney for Defendant (or defendant)____________________________"21
Art. 993. Supplemental forms to be used22
" SUPPLEMENTAL SHEET23
____ Yes ____ NoARRESTS THAT DID NOT RESULT IN CONVICTION24
ITEM NO. 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 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 31 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ITEM NO. 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
ITEM NO. 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
ITEM NO. 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
ITEM NO. 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
ITEM NO. 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
SUPPLEMENTAL SHEET41
____ Yes ____ NoMISDEMEANOR CONVICTIONS42
ITEM NO. 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 REENGROSSED
HB NO. 55
Page 32 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ITEM NO. 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
ITEM NO. 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
ITEM NO. 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
ITEM NO. 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
ITEM NO. 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
ITEM NO. 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
ITEM NO. 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
ITEM NO. 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 REENGROSSED
HB NO. 55
Page 33 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
SUPPLEMENTAL SHEET1
____ Yes ____ NoFELONY CONVICTIONS2
ITEM NO. La. Rev. Stat. Ann. § _______ : ________3
Name of the offense _________________4
( ) Conviction set aside/dismissed_____/____/_______5
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 6
( ) More than 10 years have passed7
since completion of sentence8
ITEM NO. La. Rev. Stat. Ann. § _______ : ________9
Name of the offense _________________10
( ) Conviction set aside/dismissed_____/____/_______11
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 12
( ) More than 10 years have passed13
since completion of sentence14
ITEM NO. La. Rev. Stat. Ann. § _______ : ________15
Name of the offense _________________16
( ) Conviction set aside/dismissed_____/____/_______17
pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY) 18
( ) More than 10 years have passed19
since completion of sentence20
ITEM NO. 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
ITEM NO. 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
ITEM NO. 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
ITEM NO. 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
ITEM NO. 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 REENGROSSED
HB NO. 55
Page 34 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ITEM NO. 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 sentence "6
Art. 994. Motion for interim expungement form to be used7
"STATE OF LOUISIANA8
JUDICIAL DISTRICT FOR THE PARISH OF 9
______________________________10
No.: _____________ Division: "_______"11
State of Louisiana12
vs.13
_______________________________________________________14
MOTION FOR INTERIM EXPUNGEMENT15
NOW INTO COURT comes mover, who provides the court with the16
following information in connection with this request:17
I. DEFENDANT INFORMATION18
NAME: ___________________________________________________________19
(Last, First, MI)20
DOB: ________/______/_______ (MM/DD/YYYY)21
GENDER _____ Female _____Male22
SSN (last 4 digits): XXX-XX-________23
RACE: _________________ 24
DRIVER LIC.# _________________25
ARRESTING AGENCY: __________________________________________26
SID# (if available): _________________27
ARREST NUMBER: _________________28
Mover is entitled to an interim expungement of the entry of the felony29
charge(s) of his arrest pursuant to Louisiana Code of Criminal Procedure Article30
985.1 and states the following in support:31 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 35 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
II.ARREST INFORMATION1
1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)2
2. _____ YES _____ NO A supplemental sheet with arrests and/or3
convictions is attached after page 2 of this4
Motion. 5
3. Mover was:6
_____ YES _____ NO Arrested for a felony offense.7
_____ YES _____ NO Convicted of a misdemeanor arising out of8
that felony offense.9
4. Mover was booked and/or charged with the following offenses: (List each10
offense booked and charged separately. Attach a supplemental sheet, if11
necessary.)12
____ Yes ____ No FELONY ARREST THAT RESULTED IN A13
MISDEMEANOR CONVICTION14
ITEM NO. 1 La. Rev. Stat. Ann. § _______ : ________15
Name of the offense __________________16
__________________17
(MM/DD/YYYY) 18
( ) Felony charge dismissed.19
( ) Convicted of misdemeanor offense arising out of20
felony arrest.21
5. Mover has attached to his Motion a criminal background check from the22
Louisiana State Police/Parish Sheriff dated within the past thirty days23
(required).24
The mover prays that if there is no objection timely filed by the arresting law25
enforcement agency, the District Attorney's Office, or the Louisiana Bureau of26
Criminal Identification and Information, that an order be issued herein ordering the27
Louisiana Bureau of Identification and Investigation to expunge the entry of the28
felony charge(s) listed contained in the criminal history; and further that the Clerk29
of Court, District Attorney, and arresting law enforcement agency expunge the entry30
of those felony charge(s) from any public indices.31
If an "Affidavit of No Opposition" by each agency named herein is attached32
hereto and made a part hereof, Defendant requests that no contradictory hearing be33
required and the Motion be granted ex parte.34
Respectfully submitted,35
____________________________________36
Signature of Attorney for Mover/Defendant37
____________________________________38
Attorney for Mover/Defendant Name39
____________________________________40
Attorney's Bar Roll No.41
____________________________________42
Address43 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 36 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
____________________________________1
City, State, ZIP Code2
____________________________________3
Telephone Number4
If not represented by counsel:5
____________________________________6
Signature of Mover/Defendant7
____________________________________8
Mover/Defendant Name9
____________________________________10
Address11
____________________________________12
City, State, ZIP Code13
____________________________________14
Telephone Number "15
PLEASE SERVE:16
1. District Attorney______________________________________________17
2. Louisiana Bureau of Criminal Identification and Information___________18
3. Arresting Agency ______________________________________________19
Art. 995. Order of interim expungement form to be used20
"STATE OF LOUISIANA21
JUDICIAL DISTRICT FOR THE PARISH OF 22
______________________________23
No.: ____________ Division: "_______"24
State of Louisiana25
vs.26
_______________________________________________________27
ORDER OF EXPUNGEMENT OF INTERIM ARREST RECORD28
Considering the Motion for Expungement 29
G The hearing conducted and evidence adduced herein, OR30
G Affidavits of No Opposition filed,31
IT IS ORDERED, ADJUDGED AND DECREED32
G THE MOTION IS DENIED for the following reasons (check all that apply):33
G Mover was not arrested for a felony.34 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 37 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
G Mover was not convicted of a misdemeanor offense. 1
G THE MOTION IS HEREBY GRANTED and the Louisiana Bureau of2
Criminal Identification and Information is hereby ordered to expunge the3
entry of the felony charge(s) contained in the criminal history of the4
above-named for the following felony charge(s):5
La. R.S. _______: ________ 6
Name of Offense________________________________7
La. R.S. _______: ________ 8
Name of Offense________________________________9
IT IS FURTHER ORDERED that the Clerk of Court, District Attorney and10
arresting agency expunge the entry of the felony charge(s) from any public indices11
of the above-named on the above enumerated charge(s).12
THUS ORDERED AND SIGNED this ____ day of _________________________,13
20 ______ at _________________________, Louisiana.14
____________________________15
JUDGE16
PLEASE SERVE:17
1. District Attorney ______________________________________________18
2. Louisiana Bureau of Criminal Identification and Information ___________19
3. Arresting Agency _____________________________________________"20
Section 2. R.S. 44:4.1(B)(38) is hereby amended and reenacted to read as follows:21
§4.1. Exceptions22
* * *23
B. The legislature further recognizes that there exist exceptions, exemptions,24
and limitations to the laws pertaining to public records throughout the revised25
statutes and codes of this state. Therefore, the following exceptions, exemptions, and26
limitations are hereby continued in effect by incorporation into this Chapter by27
citation:28
* * *29
(38) C.Cr.P. Art. 103, 877, 894, Title XXXIV of the Code of Criminal30
Procedure comprised of Articles 971 through 995.31
* * *32
Section 3. R.S. 44:9 is hereby repealed in its entirety.33
Section 4. The Louisiana State Law Institute is hereby directed to delete any34
references to R.S. 44:9 in Louisiana law and to make any necessary changes to Louisiana35
law to reflect the provisions of this Act.36 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 38 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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: Provides for a comprehensive revision of the expungement laws.
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 civil 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.
(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 HLS 14RS-162 REENGROSSED
HB NO. 55
Page 39 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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.
(14)Authorizes the use of expunged records by law enforcement, criminal justice
agencies, prosecutors and judges for the purposes of defending a law enforcement,
criminal justice agency, or prosecutor in a civil suit for damages resulting from
wrongful arrest or other civil litigation and the expunged record is necessary to
provide a proper defense.
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 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)
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. HLS 14RS-162 REENGROSSED
HB NO. 55
Page 40 of 40
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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.
House Floor Amendments to the engrossed bill.
1. Extensive technical amendments to the expungement forms.
2. Defined "interim expungement".
3. Created exceptions for release of information by a "news-gathering organization"
and defined that term.
4. Authorized the use of expunged records as a defense in a civil suit for damages
resulting from wrongful arrest or other civil litigation.
5. Removed criminal penalties for dissemination of criminal history information by
third-party entities.