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 Engrossed 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))