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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 196 2018 Regular Session Marino
Keyword and oneliner of the instrument as it left the House
CRIMINAL/RECORDS: Removes the limitation on the number of expungements a person may
receive for persons seeking an expungement under certain circumstances
Report rejects Senate amendments which would have:
1. Added provisions relative to any outstanding balance on unpaid victim restitution at the end
of a defendant's term of imprisonment.
2. Added provisions relative to the procedure by which a court may award a defendant "earned
compliance credits", may terminate the defendant's probation early as "satisfactorily
completed", or may extend the period of probation for up to two years.
3. Removed provisions relative to the extension of a defendant's probation for the purposes of
unpaid victim restitution and added that probation shall neither be revoked or extended based
solely upon a defendant's inability to pay fines, fees, or restitution.
4. Provided that the requirement that a defendant agree to imposition of administrative
sanctions as part of release on probation or parole pursuant to present law does not apply to
the rescinding of earned compliance credits as an administrative sanction.
5. Removed provisions which prohibit the use of incarceration for certain violations of a
defendant's probation.
6. Added that upon a fourth or subsequent technical violation, the court may order that the
defendant's probation be revoked.
7. Amended the definition of "technical violation" to provide that the term shall not include the
defendant's absconding from the jurisdiction of the court, regardless of whether the defendant
does so by leaving the state without prior approval.
8. Made technical corrections to amendments. Digest of the bill as proposed by the Conference Committee
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))