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. Page 1 of 16 CODING: Words in struck through type are deletions from existing law; words underscored 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 * * * Page 2 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 284 ENROLLED 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. Page 3 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 284 ENROLLED 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 Page 4 of 16 CODING: Words in struck through type are deletions from existing law; words underscored 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. Page 5 of 16 CODING: Words in struck through type are deletions from existing law; words underscored 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 Page 6 of 16 CODING: Words in struck through type are deletions from existing law; words underscored 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: _________________ Page 7 of 16 CODING: Words in struck through type are deletions from existing law; words underscored 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 Page 8 of 16 CODING: Words in struck through type are deletions from existing law; words underscored 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). Page 9 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 284 ENROLLED 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 Page 10 of 16 CODING: Words in struck through type are deletions from existing law; words underscored 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, Page 11 of 16 CODING: Words in struck through type are deletions from existing law; words underscored 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. Page 12 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 284 ENROLLED 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. Page 13 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 284 ENROLLED 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 Page 14 of 16 CODING: Words in struck through type are deletions from existing law; words underscored 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). Page 15 of 16 CODING: Words in struck through type are deletions from existing law; words underscored 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.