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)]
HB 100 Original 2015 Regular Session Price
Abstract: Provides for the destruction of misdemeanor and felony arrest records and provides for
the expungement of certain crimes of violence following a 10-year cleansing period.
Present law provides for the expungement of certain misdemeanor and felony arrest and conviction
records, but prohibits an expungement of a conviction for a crime of violence.
Proposed law changes present law to allow for the expungement of aggravated battery, second degree
battery, aggravated assault, aggravated criminal damage to property, simple robbery, purse snatching,
and illegal use of weapons or dangerous instrumentalities if more than 10 years have elapsed since
the person completed any sentence, deferred adjudication, or period of probation or parole based on
the felony conviction, and the person has not been convicted of any other criminal offense during
the 10-year period, has no criminal charge pending against him, and has been employed for a period
of 10 consecutive years.
Present law provides for the expungement of a misdemeanor arrest which does not result in a
conviction, but does not authorize the destruction of any criminal records.
Proposed law provides for the destruction of misdemeanor and felony arrest records which did not
result in a conviction if the district attorney consents to the destruction and the destruction is ordered
by the court following a contradictory hearing.
Present law authorizes that applicants requesting an expungement do not have to pay fees for an
expungement.
Proposed law retains present law and also exempts costs associated with the expungement of and
destruction to the misdemeanor or felony records of persons alleging actual innocence.
(Amends C.Cr.P. Art. 978(B)(1); Adds C.Cr.P. Arts. 978(E), 983(F)(5), and 985.2)