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 837 Engrossed 2015 Regular Session Price
Abstract: Provides for expungement of records of arrest and conviction for persons determined to
be factually innocent and entitled to compensation for a wrongful conviction and allows for
the expungement of specific crimes of violence after a cleaning period.
Present law provides for the expungement of misdemeanor arrest and conviction records if either of
the following occur:
(1)The conviction and prosecution dismissed.
(2)Five years have elapsed since the completion of sentence, probation, or deferred sentence and
the applicant has not been convicted of any felony offenses during the five-year period.
Proposed law retains present law and adds an additional criteria if the person was determined to be
factually innocent and entitled to compensation for a wrongful conviction.
Present law provides for the expungement of felony arrest and conviction records if either of the
following occur:
(1)The conviction and prosecution dismissed.
(2)10 years have elapsed since the completion of sentence, probation, or deferred sentence and
the applicant has not been convicted of any offenses during the 10-year period.
Proposed law retains present law and adds an additional criteria if the person was determined to be
factually innocent and entitled to compensation for a wrongful conviction.
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. (Amends C.Cr.P. Arts. 977(A)(intro. para.) and 978(A)(intro. para.) and (B)(1); Adds C.Cr.P. Arts.
977(A)(3) and 978(A)(3) and (E))