Louisiana 2015 Regular Session

Louisiana House Bill HB284 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 200
2015 Regular Session
HOUSE BILL NO. 284
BY REPRESENTATIVE LOPINTO AND SENATOR GAL LOT
1	AN ACT
2 To amend and reenact Code of Criminal Procedure Articles 976, 977(C)(introductory
3 paragraph) and (1), 978(B)(1) and (3), 979, 980(C) and (D), 984(C), 988, 989, and
4 992 and to enact Code of Criminal Procedure Articles 894.5, 977(C)(3), 984(D),
5 986(C), and 996, relative to expungement; to provide for a time limitation for an
6 expungement for an arrest for operating a vehicle while intoxicated involving the use
7 of a pretrial diversion program; to provide for the eligibility to expunge certain
8 convictions; to prohibit the expungement of a record of arrest and conviction for
9 misdemeanor stalking; to provide with respect to the expungement of arrest and
10 conviction records of certain felony convictions of violations of the Uniform
11 Controlled Dangerous Substances Act; to provide for the service of expungement
12 motions through United States mail; to provide with respect to time periods for
13 objecting to a motion to expunge records; to amend procedures involving the
14 expungement of records for violations of the operation of a motor vehicle while
15 intoxicated; to provide with respect to the forms required for expungements; to
16 provide for the amendment of forms to include names of the appropriate court
17 ordering the expungement of records; to amend expungement forms to provide a fee
18 waiver for juvenile drug court participants; to provide forms for expungement by
19 redaction; to provide forms for submission of data to the Department of Public
20 Safety and Corrections, office of motor vehicles, regarding driving while intoxicated
21 offenses; to provide for applicability; to provide for time limitations to make an
22 objection to an expungement and the setting of a contradictory hearing regarding an
23 objection; and to provide for related matters.
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are additions. HB NO. 284	ENROLLED
1 Be it enacted by the Legislature of Louisiana:
2 Section 1.  Code of Criminal Procedure Articles 976, 977(C)(introductory paragraph)
3 and (1), 978(B)(1) and (3), 979, 980(C) and (D), 984(C), 988, 989, and 992 are hereby
4 amended and reenacted and Code of Criminal Procedure Articles 977(C)(3), 984(D), 986(C),
5 and 996 are hereby enacted to read as follows:
6 Art. 976.  Motion to expunge record of arrest that did not result in a conviction
7	A.  A person may file a motion to expunge a record of his arrest for a felony
8 or misdemeanor offense that did not result in a conviction if any of the following
9 apply:
10	(1)  The person was not prosecuted for the offense for which he was arrested,
11 and the limitations on the institution of prosecution have barred the prosecution for
12 that offense.
13	(2)  The district attorney for any reason declined to prosecute any offense
14 arising out of that arrest.
15	(3)  Prosecution was instituted and such proceedings have been finally
16 disposed of by dismissal, sustaining of a motion to quash, or acquittal.
17	B.  Pursuant to R.S. 15:578.1, no person arrested for a violation of R.S. 14:98
18 (operating a vehicle while intoxicated) or a parish or municipal ordinance that
19 prohibits operating a vehicle while intoxicated, impaired, or while under the
20 influence of alcohol, drugs, or any controlled dangerous substance, and placed by the
21 prosecuting authority into a pretrial diversion program, shall be entitled to an
22 expungement of the record until five years have elapsed since the date of arrest for
23 that offense.
24	C.  The motion to expunge a record of arrest that did not result in a
25 conviction of a misdemeanor or felony offense shall be served pursuant to the
26 provisions of Article 979.
27 Art. 977.  Motion to expunge a record of arrest and conviction of a misdemeanor
28	offense
29	*          *          *
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1	C.  No person shall be entitled to expungement of a record under either any
2 of the following circumstances:
3	(1)  The misdemeanor conviction arose from circumstances involving or is
4 the result of an arrest for a sex offense as defined in R.S. 15:541, except that an
5 interim expungement shall be available as authorized by the provisions of Article
6 985.1 of this Code.
7	*          *          *
8	(3)  The misdemeanor conviction was for stalking (R.S. 14:40.2).
9	*          *          *
10 Art. 978.  Motion to expunge record of arrest and conviction of a felony offense
11	*          *          *
12	B.  No expungement shall be granted nor shall a person be permitted to file
13 a motion to expunge the record of arrest and conviction of a felony offense if the
14 person was convicted of the commission or attempted commission of any of the
15 following offenses:
16	(1)  Unless otherwise permissible under Article 893(E) of this Code, a A
17 crime of violence as defined by or enumerated in R.S. 14:2(B).
18	*          *          *
19	(3)  Unless otherwise permissible under Article 893(E) of this Code, a A
20 violation of the Uniform Controlled Dangerous Substances Law, except for any of
21 the following which may be expunged pursuant to the provisions of this Title: that
22 a 
23	(a)  A conviction for possession of a controlled dangerous substance as
24 provided for in R.S. 40:966(C), 967(C), 968(C), or 969(C), or 970(C). or a 
25	(b)  A conviction for possession of a controlled dangerous substance with the
26 intent to distribute may be expunged pursuant to the provisions of this Title.
27	(c)  A conviction for a violation of the Uniform Controlled Dangerous
28 Substances Law which is punishable by a term of imprisonment of not more than
29 five years.
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1	(d)  A conviction for a violation of the Uniform Controlled Dangerous
2 Substances Law which may be expunged pursuant to Article 893(E).
3	*          *          *
4 Art. 979.  Service of motion to expunge a record
5	A.  The clerk of court shall serve notice of the motion of expungement by
6 United States mail or electronically upon the following entities:
7	(1)  The district attorney of the parish of conviction.
8	(2)  The Louisiana Bureau of Criminal Identification and Information.
9	(3)  The arresting law enforcement agency.
10	B.  When service is made by United States mail, a certificate of service shall
11 be filed into the record indicating the date the motion was placed in the United States
12 mail for service.
13 Art. 980.  Contradictory hearing
14	*          *          *
15	C.  The court may grant an extension of time to file an objection not to
16 exceed sixty days from the date of service of the motion to expunge a record thirty
17 days from the expiration of the original sixty days for a party to object.
18	D.  Any objection timely filed shall have a contradictory hearing.  If an
19 objection is timely filed, the district attorney, shall file a motion and order setting the
20 matter or an objecting party shall request that the matter be set for a contradictory
21 hearing.  A notice of hearing shall be served on the defendant and those persons
22 provided for in Article 979 of this Code.
23	*          *          *
24 Art. 984.  Additional requirements for the expungement of records involving the
25	operation of a vehicle while intoxicated; additional fee
26	*          *          *
27	C.  An additional fifty dollar fifty-dollar court cost shall be assessed at this
28 time against the defendant and paid to the Department of Public Safety and
29 Corrections, office of motor vehicles, for the costs of storage and retrieval of the
30 records.  The court cost provided by this Paragraph shall be submitted to the
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are additions. HB NO. 284	ENROLLED
1 department regardless of whether the clerk of court is submitting this matter to the
2 department pursuant to Paragraph B or D of this Article.
3	D.  In lieu of forwarding the items listed in Paragraph B of this Article, the
4 clerk of court may send a copy of the letter issued by the department pursuant to
5 Subparagraph (B)(1) of Article 894 if the clerk had previously submitted records of
6 the plea to the department pursuant to that Article.
7	*          *          *
8 Art. 986.  Forms for the expungement of records
9	*          *          *
10	C.  The clerk of court for any court in the state of Louisiana having criminal
11 jurisdiction may amend any of the forms provided for in Articles 987, 988, 989, 990,
12 991, 992, 993, 994, and 995 to provide the appropriate name of the court ordering
13 an expungement of records.
14	*          *          *
15 Art. 988.  Motion for fee exemption form to be used
16 "	STATE OF LOUISIANA
17	JUDICIAL DISTRICT FOR THE PARISH OF
18	______________________________
19 No.: ______________	Division: "_______"
20	State of Louisiana
21	vs.
22	_______________________________________________________
23	CERTIFICATION OF FEE WAIVER
24 To be completed by defendant and submitted to the District Attorney's Office prior
25 to filing. Append completed form to Motion of Expungement at filing only if eligible.
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are additions. HB NO. 284	ENROLLED
1 DEFENDANT NAME
2 DATE OF BIRTH
3 SSN (last 4 digits)#XXX-XX-
4 DATE OF ARREST
5 DOCKET NUMBER
6 CHARGE
7 In accordance with Louisiana Code of Criminal Procedure Article 983, the Office of
8 the District Attorney has reviewed the available databases and determined that
9 (Check all that apply. To be completed by authorized personnel from the District
10 Attorney's Office and returned within 15 days to defendant.):
11 G The arrestee listed above has NO FELONY CONVICTIONS.
12	AND
13 G The arrestee listed above has NO PENDING FELONY CHARGES UNDER
14	A BILL OF INDICTMENT OR INFORMATION.
15	AND
16 G The arrestee listed above WAS ACQUITTED after trial of all charges
17	derived from the arrest listed above, including any lesser and included
18	offense.
19	OR
20 G The arrestee listed above WAS NOT PROSECUTED WITHIN THE TIME
21	LIMITATIONS prescribed in Chapter 1 of Title XVII of the Code of
22	Criminal Procedure and the arrestee did not participate in a pretrial diversion
23	program for the arrest listed above.
24	OR
25 G The case involving the arrestee listed above was dismissed or the district
26	attorney declined to prosecute the case prior to the time limitations
27	prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure, and
28	the arrestee did not participate in a pretrial diversion program.
29	OR
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are additions. HB NO. 284	ENROLLED
1 G The arrestee listed above has been determined to be factually innocent and
2	entitled to compensation for a wrongful conviction pursuant to the provisions
3	of R.S. 15:572.8.
4	OR
5 G The arrestee listed above is a juvenile who has successfully completed any
6	juvenile drug court program and is exempt from fees pursuant to Code of
7	Criminal Procedure Article 983(G).
8 _____________________________________
9 District Attorney or his designee - Print Name
10 _____________________________________ __________________, 20____"
11 District Attorney or his designee - Signature Date
12 Art. 989.  Motion for expungement forms to be used
13 "	STATE OF LOUISIANA
14	JUDICIAL DISTRICT FOR THE PARISH OF
15	______________________________
16 No.: _____________	Division: "_______"
17	State of Louisiana
18	vs.
19	_______________________________________________________
20	MOTION FOR EXPUNGEMENT
21	NOW INTO COURT comes mover, who provides the court with the
22 following information in connection with this request:
23 I. DEFENDANT INFORMATION
24 NAME: ___________________________________________________________
25	(Last, First, MI)
26 DOB: ________/______/_______ (MM/DD/YYYY)
27 GENDER _____ Female _____Male
28 SSN (last 4 digits):XXX-XX-________
29 RACE: _________________
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are additions. HB NO. 284	ENROLLED
1 DRIVER LIC.# _________________
2 ARRESTING AGENCY: __________________________________________
3 SID# (if available): _________________
4 ARREST NUMBER (ATN): _________________
5 AGENCY ITEM NUMBER: _________________
6	Mover is entitled to expunge the record of his arrest/conviction pursuant to
7 Louisiana  Code of Criminal Procedure Article 971 et seq. and states the following
8 in support:
9 II.ARREST INFORMATION
10 1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)
11 2. _____ YES _____ NO A supplemental sheet with arrests and/or
12	convictions is attached after page 2 of this
13	Motion.
14 3. Mover was:
15	_____ YES _____ NO Arrested, but it did not result in conviction
16	_____ YES _____ NO Convicted of and seeks to expunge a
17	misdemeanor
18	_____ YES _____ NO Convicted of and seeks to expunge a felony
19 4. Mover was booked and/or charged with the following offenses: (List each
20	offense booked and charged separately. Please number each item numerically
21	beginning with number 1. Attach a supplemental sheet, if necessary.)
22 ____ Yes ____  No ARRESTS THAT DID NOT RESULT IN CONVICTION
23 ITEM NO. 1 La. Rev. Stat. Ann. § _______ : ________
24	Name of the offense __________________
25	(  )  Time expired for prosecution__________________
26     (MM/DD/YYYY)
27	(  )  Not prosecuted for any offense
28       arising out of this charge.
29	(  )  Pre-trial Diversion Program.
30	(  )  DWI Pre-Trial Diversion Program
31       and 5 years have elapsed since the
32       date of arrest.
33	(  )  Charge dismissed
34	(  )  Found not guilty/judgment of acquittal
35 ITEM NO. 2 La. Rev. Stat. Ann. § _______ : ________
36	Name of the offense __________________
37	(  )  Time expired for prosecution__________________
38     (MM/DD/YYYY)
39	(  )  Not prosecuted for any
40       offense arising out of this charge.
41	(  )  Pre-trial Diversion Program.
42	(  )  Charge dismissed
43	(  )  Found not guilty/judgment of acquittal
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are additions. HB NO. 284	ENROLLED
1 ITEM NO. 3 La. Rev. Stat. Ann. § _______ : ________
2	Name of the offense __________________
3	(  )  Time expired for prosecution__________________
4     (MM/DD/YYYY)
5	(  )  Not prosecuted for any offense
6       arising out of this charge.
7	(  )  Pre-trial Diversion Program.
8	(  )  Charge dismissed
9	(  )  Found not guilty/judgment of acquittal
10 ____ Yes ____  NoMISDEMEANOR CONVICTIONS
11 ITEM NO. 1 La. Rev. Stat. Ann. § _______ : ________
12	Name of the offense _________________
13	(  )  Conviction set aside/dismissed_____/____/_______
14       pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY)
15	(  )  More than 5 years have passed
16       since completion of sentence.
17 ITEM NO. 2 La. Rev. Stat. Ann. § _______ : ________
18	Name of the offense _________________
19	(  )  Conviction set aside/dismissed_____/____/_______
20       pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY)
21	(  )  More than 5 years have passed
22       since completion of sentence.
23 ____ Yes ____  NoFELONY CONVICTIONS
24 ITEM NO. 1 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 passed
28       since completion of sentence
29 ITEM NO. 2 La. Rev. Stat. Ann. § _______ : ________
30	(  )  Conviction set aside/dismissed_____/____/_______
31       pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY)
32	(  )  More than 10 years have passed
33       since completion of sentence
34 ____ Yes ____ NoOPERATING A MOTOR VEHICLE WHILE
35	INTOXICATED CONVICTIONS
36 Mover has attached the following:
37	(  )A copy of the proof certified letter of compliance in accordance with
38	C.Cr.P. Art. 984 from the Department of Public Safety and
39	Corrections, office of motor vehicles, that it has received from the
40	clerk of court a certified copy of the record of the plea, fingerprints
41	of the defendant, and proof of the requirements set forth in C.Cr.P.
42	Art. 556, which shall include the defendant's date of birth, last four
43	digits of social security number, and driver's license number
44 5.  Mover has attached to this Motion the following pertinent documents:
45	G Criminal Background Check from the La. State Police/Parish Sheriff
46	dated within the past 30 days (required).
47	G Bill(s) of Information (if any).
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1	G Minute entry showing final disposition of case (if any).
2	G Certification Letter from the District Attorney for fee waiver (if
3	eligible).
4	G Certification Letter from the District Attorney verifying that the
5	applicant has no convictions or pending applicable criminal charges
6	in the requisite time periods.
7	G Certification Letter from the District Attorney verifying that the
8	charges were refused.
9	G Certification Letter from the District Attorney verifying that the
10	applicant did not participate in a pretrial diversion program.
11	G A copy of the order waiving the sex offender registration and
12	notification requirements.
13 6. Mover was:
14	_____ YES _____ NO Arrested with another individual.
15	The Mover prays that if there is no objection timely filed by the arresting law
16 enforcement agency, the district attorney's office, or the Louisiana Bureau of
17 Criminal Investigation and Information, that an order be issued herein ordering the
18 expungement of the record of arrest and/or conviction set forth above, including all
19 photographs, fingerprints, disposition, or any other such information, which record
20 shall be confidential and no longer considered a public record, nor be made available
21 to other persons, except a prosecutor, member of a law enforcement agency, or a
22 judge who may request such information in writing, certifying that such request is
23 for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
24 purpose of any other statutorily defined law enforcement or administrative duties,
25 or for the purpose of the requirements of sex offender registration and notification
26 pursuant to the provisions of R.S. 15:541 et seq. or as an order of this Court to any
27 other person for good cause shown, or as otherwise authorized by law.
28	If an "Affidavit of No Opposition" by each agency named herein is attached
29 hereto and made a part hereof, Defendant requests that no contradictory hearing be
30 required and the Motion be granted ex parte.
31	Respectfully submitted,
32	____________________________________
33	Signature of Attorney for Mover/Defendant
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are additions. HB NO. 284	ENROLLED
1	____________________________________
2	Attorney for Mover/Defendant Name
3	____________________________________
4	Attorney's Bar Roll No.
5	____________________________________
6	Address
7
8	____________________________________
9	City, State, ZIP Code
10	____________________________________
11	Telephone Number
12	If not represented by counsel:
13	____________________________________
14	Signature of Mover/Defendant
15	____________________________________
16	Mover/Defendant Name
17	____________________________________
18	Address
19
20	____________________________________
21	City, State, ZIP Code
22	____________________________________
23	Telephone Number	"
24	*          *          *
25 Art. 992.  Order of expungement form to be used
26 "	STATE OF LOUISIANA
27	JUDICIAL DISTRICT FOR THE PARISH OF
28	______________________________
29 No.: ____________ 	Division: "_______"
30	State of Louisiana
31	vs.
32	_______________________________________________________
33 ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD
34 Considering the Motion for Expungement
35 G The hearing conducted and evidence adduced herein, OR
36 G Affidavits of No Opposition filed,
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are additions. HB NO. 284	ENROLLED
1 IT IS ORDERED, ADJUDGED AND DECREED
G THE MOTION IS DENIED for Item(s) No.___, , , , 2	________ the following
3	reasons (check all that apply):
4	G More than five years have not elapsed since Mover completed the
5	misdemeanor conviction sentence.
6	G More than ten years have not elapsed since Mover completed the
7	felony conviction sentence.
8	G Mover was convicted of one of the following ineligible felony
9	offenses:
10	G A violation of the Uniform Controlled Dangerous Substances
11	Law which is ineligible to be expunged.
12	G An offense currently listed as a sex offense that requires
13	registration pursuant to La. Rev. Stat. Ann. 15:540 et seq., at
14	the time the Motion was filed, regardless of whether the duty
15	to register was ever imposed.
16	G An offense defined or enumerated as a "crime of violence"
17	pursuant to La. Rev. Stat. Ann. 14:2(B) at the time the
18	Motion was filed.
19	G The arrest and conviction being sought to have expunged is for
20	operating a motor vehicle while intoxicated and a copy of the proof
21	from the Department of Public Safety and Corrections, office of
22	motor vehicles, is not attached as required by C.Cr.P. Art. 984(A).
23	G Mover has had another record of misdemeanor conviction expunged
24	during the previous five-year period.
25	G The record of arrest and conviction which Mover seeks to have
26	expunged is for operating a motor vehicle while intoxicated and
27	Mover has had another record of arrest and misdemeanor conviction
28	expunged during the previous ten-year period.
29	G Mover has had another record of felony conviction expunged during
30	the previous fifteen-year period.
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1	G Mover was convicted of a misdemeanor which arose from
2	circumstances involving a sex offense as defined in R.S. 15:541.
3	G Mover was convicted of misdemeanor offense of domestic abuse
4	battery which was not dismissed pursuant to C. Cr. P. Art. 894(B).
5	G Mover did not complete pretrial diversion.
6	G The charges against the mover were not dismissed or refused.
7	G Mover's felony conviction was not set aside and dismissed pursuant
8	to C. Cr. P. Art. 893(E).
9	G Mover's felony conviction was not set aside and dismissed pursuant
10	to C. Cr. P. Art. 894(B).
11	G Mover completed a DWI pretrial diversion program, but five years
12	have not elapsed since the mover's date of arrest.
13	G Mover's conviction for felony carnal knowledge of a juvenile is not
14	defined as misdemeanor carnal knowledge of a juvenile had the
15	mover been convicted on or after August 15, 2001.
16	G Denial for any other reason provided by law with attached reasons for
17	denial.
18	G THE MOTION IS HEREBY GRANTED for Item(s) No.
19 ____________ and all agencies are ordered to expunge the record of
20 arrest/conviction and any photographs, fingerprints, or any other such information
21 of any kind maintained in connection with the Arrest(s)/Conviction(s) in the above-
22 captioned matter, which record shall be confidential and no longer considered a
23 public record, nor be available to other persons except a prosecutor, member of a law
24 enforcement agency, or a judge who may request such information in writing
25 certifying that such request is for the purpose of prosecuting, investigating, or
26 enforcing the criminal law, for the purpose of any other statutorily defined law
27 enforcement or administrative duties, or for the purpose of the requirements of sex
28 offender registration and notification pursuant to the provisions of R.S. 15:541 et
29 seq. or upon an order of this Court to any other person for good cause shown, or as
30 otherwise authorized by law.
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1	G THE MOTION IS HEREBY GRANTED FOR EXPUNGEMENT
2 BY REDACTION If the record includes more than one individual and the mover
3 is entitled to expungement by redaction pursuant to Code of Criminal Procedure
4 Article 985, for Item(s) No. ____________ and all agencies are ordered to expunge
5 the record of arrest/conviction and any photographs, fingerprints, or any other such
6 information of any kind maintained in relation to the Arrest(s)/Conviction(s) in the
7 above-captioned matter as they relate to the mover only. The record shall be
8 confidential and no longer considered a public record, nor be available to other
9 persons except a prosecutor, member of a law enforcement agency, or a judge who
10 may request such information in writing certifying that such request is for the
11 purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose
12 of any other statutorily defined law enforcement or administrative duties, or for the
13 purpose of the requirements of sex offender registration and notification pursuant to
14 the provisions of R.S. 15:541 et seq. or upon an order of this Court to any other
15 person for good cause shown, or as otherwise authorized by law.
16 NAME: _______________________________________________________
17	(Last, First, MI)
18 DOB:______/_____/______ (MM/DD/YY)
19 GENDER: _____ Female _____Male
20 SSN (last 4 digits):XXX-XX-_________
21 RACE:  _________________
22 DRIVER LIC.# _________________
23 ARRESTING AGENCY: ______________________________________
24 SID# (if available):_________________
25 ARREST NUMBER (ATN): _________________
26 AGENCY ITEM NUMBER: _________________
27 ARREST DATE: ______/_____/______ (MM/DD/YY)
28 THUS ORDERED AND SIG NED this _____ day of _______________, 20____
29 at ________________________, Louisiana.
30	___________________________________
31	JUDGE
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are additions. HB NO. 284	ENROLLED
1 PLEASE SERVE:
2 1. District Attorney: ______________________________________________
3 2. Arresting Agency: _____________________________________________
4 3. Parish Sheriff:________________________________________________
5 4. Louisiana Bureau of Criminal Identification and Information___________
6 5. Attorney for Defendant (or defendant)_____________________________
7 6. Clerk of Court  ____________________________"
8	*          *          *
9 Art. 996.  Submission of expungement records to office of motor vehicles; forms to
10	be used and completed by the clerk of court
11	TRANSMITTAL OF RECORDS FOR EXPUNGEMENT OF DWI
12	PURSUANT TO C.Cr.P. Art. 984
13	____________________________
14	____________________________
15	____________________________
16	________________
17	DATE
18 OFFICE OF MOTOR VEHICLES
19 P.O. BOX 64886
20 BATON ROUGE, LA 70896 
21 NAME________________________DRIVERS LICENSE#___________________
22 DATE OF BIRTH:______________OFFENSE DATE:_____________________
23 SS#___________________________DOCKET NO:________________________
24 TICKET NO:________________________
25 Q Attached is a certified copy of the court minutes, original/certified copy of
26	fingerprints and proof of the requirements as set forth in the Code of
27	Criminal Procedure Article 556.1. Additionally, a $50.00 money order or
28	certified funds made payable to the office of motor vehicles, in reference to
29	the above named defendant is attached; or
30 Q Attached is a copy of the certified letter received from office of motor
31	vehicles indicating that all of the required documents were previously filed
32	in conjunction with the requirements of Code of Criminal Procedure Article
33	894 and are on file. Additionally, a $50.00 money order or certified funds
34	made payable to the office of motor vehicles is attached.
35 NOTE:  Do not use this form to submit records of a DWI plea pursuant to Code of
36 Criminal Procedure Article 894(A)(5).
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are additions. HB NO. 284	ENROLLED
1 Section 2.  Code of Criminal Procedure Article 894.5 is hereby enacted to read as
2 follows:
3 Art. 894.5.  Submission of DWI - Code of Criminal Procedure Article 894 Plea
4	Records to office of motor vehicles; forms to be used and completed by the
5	clerk of court
6 TRANSMITTAL OF RECORDS OF DWI PLEA PURSUANT TO ARTICLE 894
7	____________________________
8	____________________________
9	_____________________________
10	________________
11	DATE
12 OFFICE OF MOTOR VEHICLES
13 P.O. BOX 64886
14 BATON ROUGE, LA 70896 
15 NAME______________________D__R_I_VERS LICENSE#____________________
16 DATE OF BIRTH:_____________O__F_F_ENSE DATE:_______________________
17 SS#_________________________D__O_C_KET NO:__________________________
18 TICKET NO:______________________
19 Q Attached is a certified copy of the court minutes, original/certified copy of
20	fingerprints, and proof of the requirements as set forth in the Code of
21	Criminal Procedure Article 556.1, as well as a $50.00 money order or
22	certified funds made payable to the office of motor vehicles, in reference to
23	the above named defendant.
24 NOTE:  Do not use this form to submit records of a DWI expungement pursuant to
25 Code of Criminal Procedure Article 984.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
Page 16 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.