RÉSUMÉ DIGEST
ACT 678 (HB 196) 2018 Regular Session Marino
Existing 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 existing
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.
Prior law provided 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.
New law amends prior law to provide that the 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 existing law. New law otherwise retains prior law.
Effective August 1, 2018.
(Amends C.Cr.P. Art. 978(D))