HLS 18RS-275 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 196
BY REPRESENTATIVE MARINO
CRIMINAL/RECORDS: Removes the limitation on the number of expungements a person
may receive for persons seeking an expungement under certain circumstances
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 978(D), relative to expungement
3 of records of arrest and conviction of a felony offense; to provide relative to the limit
4 on the number of expungements a person may receive in a specified period of time;
5 to remove the limitation for persons whose conviction was set aside and prosecution
6 dismissed; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 978(D) is hereby amended and
9reenacted to read as follows:
10 Art. 978. Motion to expunge record of arrest and conviction of a felony offense
11 * * *
12 D. Expungement of a record of arrest and conviction of a felony offense
13 shall occur only once with respect to any person during a fifteen-year period. The
14 limitation provided in this Paragraph shall not apply to a person who is seeking the
15 expungement of his record of arrest and conviction for a conviction that was set aside
16 and the prosecution dismissed pursuant to Article 893(E).
17 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-275 ORIGINAL
HB NO. 196
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 196 Original 2018 Regular Session Marino
Abstract: Removes the limitation on the number of expungements a person may receive
over a certain period of time for persons whose convictions were set aside and the
prosecution dismissed.
Present law authorizes a person to file a motion to expunge his record of arrest and
conviction of certain felony offenses if either of the following apply:
(1)The conviction was set aside and the prosecution was dismissed pursuant to present
law (C.Cr.P. Art. 893).
(2)More than ten 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 ten-year
period, and has no criminal charge pending against him.
Present law provides that the expungement of a record of arrest and conviction of a felony
offense shall occur only once with respect to any person during a 15-year period.
Proposed law amends present law to provide that this limitation on the number of
expungements a person may receive during a 15-year period does not apply to persons who
seek the expungement of a record of arrest and conviction for a conviction that was set aside
and the prosecution dismissed pursuant to present law.
(Amends C.Cr.P. Art. 978(D))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.