ENROLLED
2015 Regular Session
HOUSE BILL NO. 837 (Substitute for House Bill No. 100 by Representative Price)
BY REPRESENTATIVE PRICE
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Articles 977(A)(introductory paragraph),
3 978(A)(introductory paragraph) and (B)(1), and 989 and to enact Code of Criminal
4 Procedure Articles 977(A)(3) and 978(A)(3) and (E), relative to expungement; to
5 provide for eligibility for an expungement in cases of factual innocence; to provide
6 for the expungement of certain crimes of violence after a cleansing period; to provide
7 for expungement forms regarding factual innocence; and to provide for related
8 matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. Code of Criminal Procedure Articles 977(A)(introductory paragraph),
11 978(A)(introductory paragraph), (B)(1) and 989 are hereby amended and reenacted and Code
12 of Criminal Procedure Articles 977(A)(3) and 978(A)(3) and (E) are hereby enacted to read
13 as follows:
14 Art. 977. Motion to expunge a record of arrest and conviction of a misdemeanor
15 offense
16 A. A person may file a motion to expunge his record of arrest and conviction
17 of a misdemeanor offense if either any of the following apply:
18 * * *
19 (3) The person was determined to be factually innocent and entitled to
20 compensation for a wrongful conviction pursuant to the provisions of R.S. 15:572.8.
21 The person may seek to have the arrest and conviction which formed the basis for
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1 the wrongful conviction expunged without the limitations or time delays imposed by
2 the provisions of this Article or any other provision of law to the contrary.
3 * * *
4 Art. 978. Motion to expunge record of arrest and conviction of a felony offense
5 A. Except as provided in Paragraph B of this Article, a person may file a
6 motion to expunge his record of arrest and conviction of a felony offense if either
7 any of the following apply:
8 * * *
9 (3) The person was determined to be factually innocent and entitled to
10 compensation for a wrongful conviction pursuant to the provisions of R.S.
11 15:572.8. The person may seek to have the arrest and conviction which formed
12 the basis for the wrongful conviction expunged without the limitations or time
13 delays imposed by the provisions of this Article or any other provision of law to
14 the contrary.
15 B. No expungement shall be granted nor shall a person be permitted to
16 file a motion to expunge the record of arrest and conviction of a felony offense if
17 the person was convicted of the commission or attempted commission of any of
18 the following offenses:
19 (1) Unless otherwise permissible under Article 893(E) of this Code, a A
20 crime of violence as defined by or enumerated in R.S. 14:2(B), unless otherwise
21 authorized in Paragraph E of this Article.
22 * * *
23 E.(1) Notwithstanding any other provision of law to the contrary, after a
24 contradictory hearing, the court may order the expungement of the arrest and
25 conviction records of a person pertaining to a conviction of aggravated battery,
26 second degree battery, aggravated assault, aggravated criminal damage to
27 property, simple robbery, purse snatching, or illegal use of weapons or dangerous
28 instrumentalities if all of the following conditions are proven by the petitioner:
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1 (a) More than ten years have elapsed since the person completed any
2 sentence, deferred adjudication, or period of probation or parole based on the
3 felony conviction.
4 (b) The person has not been convicted of any other criminal offense
5 during the ten-year period.
6 (c) The person has no criminal charge pending against him.
7 (d) The person has been employed for a period of ten consecutive years.
8 (2) The motion filed pursuant to this Paragraph shall include a
9 certification from the district attorney which verifies that, to his knowledge, the
10 applicant has no convictions during the ten-year period and no pending charges
11 under a bill of information or indictment. The motion shall be heard by
12 contradictory hearing as provided by Article 980.
13 * * *
14 Art. 989. Motion for expungement forms to be used
15 STATE OF LOUISIANA
16 JUDICIAL DISTRICT FOR THE PARISH OF
17 ______________________________
18 No.: _____________ Division: "_______"
19 State of Louisiana
20 vs.
21 _______________________________________________________
22 MOTION FOR EXPUNGEMENT
23 NOW INTO COURT comes mover, who provides the court with the
24 following information in connection with this request:
25 I. DEFENDANT INFORMATION
26 NAME: ___________________________________________________________
27 (Last, First, MI)
28 DOB: ________/______/_______ (MM/DD/YYYY)
29 GENDER _____ Female _____Male
30 SSN (last 4 digits): XXX-XX-________
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1 RACE: _________________
2 DRIVER LIC.# _________________
3 ARRESTING AGENCY: _______________________________________
4 SID# (if available): _________________
5 ARREST NUMBER: _________________
6 Mover is entitled to expunge the record of his arrest/conviction pursuant
7 to Louisiana Code of Criminal Procedure Article 971 et seq. and states the
8 following 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 _____ YES _____ NO Convicted but determined to be factually
20 innocent and entitled to compensation for
21 a wrongful conviction pursuant to the
22 provisions of R.S. 15:572.8.
23 4. Mover was booked and/or charged with the following offenses: (List each
24 offense booked and charged separately. Attach a supplemental sheet, if
25 necessary.)
26 ____ Yes ____ No ARRESTS THAT DID NOT RESULT IN
27 CONVICTION
28 ITEM NO. 1 La. Rev. Stat. Ann. § _______ : ________
29 Name of the offense __________________
30 ( ) Time expired for prosecution__________________
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1 (MM/DD/YYYY)
2 ( ) Not prosecuted for any offense
3 arising out of this charge.
4 ( ) Pre-trial Diversion Program.
5 ( ) DWI Pre-Trial Diversion Program
6 and 5 years have elapsed since the
7 date of arrest.
8 ( ) Charge dismissed
9 ( ) Found not guilty/judgment of acquittal
10 ITEM NO. 2 La. Rev. Stat. Ann. § _______ : ________
11 Name of the offense __________________
12 ( ) Time expired for prosecution__________________
13 (MM/DD/YYYY)
14 ( ) Not prosecuted for any
15 offense arising out of this charge.
16 ( ) Pre-trial Diversion Program.
17 ( ) Charge dismissed
18 ( ) Found not guilty/judgment of acquittal
19 ITEM NO. 3 La. Rev. Stat. Ann. § _______ : ________
20 Name of the offense __________________
21 ( ) Time expired for prosecution__________________
22 (MM/DD/YYYY)
23 ( ) Not prosecuted for any offense
24 arising out of this charge.
25 ( ) Pre-trial Diversion Program.
26 ( ) Charge dismissed
27 ( ) Found not guilty/judgment of acquittal
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1 ____ Yes ____ NoMISDEMEANOR CONVICTIONS
2 ITEM NO. 1 La. Rev. Stat. Ann. § _______ : ________
3 Name of the offense _________________
4 ( ) Conviction set aside/dismissed_____/____/_______
5 pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY)
6 ( ) More than 5 years have passed
7 since completion of sentence.
8 ITEM NO. 2 La. Rev. Stat. Ann. § _______ : ________
9 Name of the offense _________________
10 ( ) Conviction set aside/dismissed_____/____/_______
11 pursuant to C.Cr.P. Art. 894(B)(MM/DD/YYYY)
12 ( ) More than 5 years have passed
13 since completion of sentence.
14 ____ Yes ____ NoFELONY CONVICTIONS
15 ITEM NO. 1 La. Rev. Stat. Ann. § _______ : ________
16 ( ) Conviction set aside/dismissed_____/____/_______
17 pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY)
18 ( ) More than 10 years have passed
19 since completion of sentence
20 ITEM NO. 2 La. Rev. Stat. Ann. § _______ : ________
21 ( ) Conviction set aside/dismissed_____/____/_______
22 pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY)
23 ( ) More than 10 years have passed
24 since completion of sentence
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1 ____ Yes ____ NoOPERATING A MOTOR VEHICLE WHILE
2 INTOXICATED CONVICTIONS
3 Mover has attached the following:
4 ( )A copy of the proof from the Department of Public Safety and
5 Corrections, office of motor vehicles, that it has received from the
6 clerk of court a certified copy of the record of the plea,
7 fingerprints of the defendant, and proof of the requirements set
8 forth in C.Cr.P. Art. 556, which shall include the defendant's date
9 of birth, last four digits of social security number, and driver's
10 license number
11 5. Mover has attached to this Motion the following pertinent documents:
12 G Criminal Background Check from the La. State Police/Parish
13 Sheriff dated within the past 30 days (required).
14 G Bill(s) of Information (if any).
15 G Minute entry showing final disposition of case (if any).
16 G Certification Letter from the District Attorney for fee waiver (if
17 eligible).
18 G Certification Letter from the District Attorney verifying that the
19 applicant has no convictions or pending applicable criminal
20 charges in the requisite time periods.
21 G Certification Letter from the District Attorney verifying that the
22 charges were refused.
23 G Certification Letter from the District Attorney verifying that the
24 applicant did not participate in a pretrial diversion program.
25 G A copy of the order waiving the sex offender registration and
26 notification requirements.
27 G A copy of the court order determination of factual innocence and
28 order of compensation for a wrongful conviction pursuant to the
29 provisions of R.S. 15:572.8 if applicable.
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1 The Mover prays that if there is no objection timely filed by the arresting
2 law enforcement agency, the district attorney's office, or the Louisiana Bureau of
3 Criminal Investigation and Information, that an order be issued herein ordering
4 the expungement of the record of arrest and/or conviction set forth above,
5 including all photographs, fingerprints, disposition, or any other such information,
6 which record shall be confidential and no longer considered a public record, nor
7 be made available to other persons, except a prosecutor, member of a law
8 enforcement agency, or a judge who may request such information in writing,
9 certifying that such request is for the purpose of prosecuting, investigating, or
10 enforcing the criminal law, for the purpose of any other statutorily defined law
11 enforcement or administrative duties, or for the purpose of the requirements of sex
12 offender registration and notification pursuant to the provisions of R.S. 15:541 et
13 seq. or as an order of this Court to any other person for good cause shown, or as
14 otherwise authorized by law.
15 If an "Affidavit of No Opposition" by each agency named herein is
16 attached hereto and made a part hereof, Defendant requests that no contradictory
17 hearing be required and the Motion be granted ex parte.
18 Respectfully submitted,
19 ____________________________________
20 Signature of Attorney for
21 Mover/Defendant
22 ____________________________________
23 Mover/Defendant Name
24 ____________________________________
25 Attorney's Bar Roll No.
26 ____________________________________
27 Address
28
29 ____________________________________
30 City, State, ZIP Code
31 ____________________________________
32 Telephone Number
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1 If not represented by counsel:
2 ____________________________________
3 Signature of Mover/Defendant
4 ____________________________________
5 Mover/Defendant Name
6 ____________________________________
7 Address
8
9 ____________________________________
10 City, State, ZIP Code
11 ____________________________________
12 Telephone Number
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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