RESUMEHB55 427 6450
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Lopinto (HB 55) Act No. 145
Existing law provides for the expungement of records of arrest and misdemeanor convictions
in certain circumstances.
Existing law provides for the confidentiality of expunged records and authorizes access to
those records by law enforcement, criminal justice agencies, and statutorily defined entities.
New law provides for a comprehensive revision to existing 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 mandated 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 10-year cleansing period without conviction to obtain an expungement
for a felony conviction.
(6)Deletes provisions of existing 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
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. RESUMEHB55 427 6450
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Existing 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.
New law retains existing law and makes the fees nonrefundable.
New law authorizes the clerk of court to charge an administrative fee of up to $200.
Existing 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 existing 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 existing law and did not participate in a pretrial diversion program.
New law retains existing 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 existing law.
Effective August 1, 2014.
(Amends R.S. 44:4.1(B)(38); Adds C.Cr.P. Arts. 971-995; Repeals R.S. 44:9)