Price HB No. 837
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
CRIMINAL/RECORDS: Provides with respect to expungement
DIGEST
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.
Present law provides a form for a motion for expungement.
Proposed law adds "factual innocence" as a ground for expungement to the motion for
expungement form.
Proposed law otherwise retains present law.
(Amends C.Cr.P. Arts. 977(A)(intro. para.), 978(A)(intro. para.) and (B)(1) and 989; adds
C.Cr.P. Arts. 977(A)(3) and 978(A)(3) and (E))
Page 1 of 2
Prepared by Alden A. Clement, Jr. Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
engrossed bill
1. Add "factual innocence" as a ground for expungement to motion for
expungement form.
Page 2 of 2
Prepared by Alden A. Clement, Jr.