SLS 18RS-12 ENGROSSED
2018 Regular Session
SENATE BILL NO. 69
BY SENATOR CLAITOR
CRIMINAL PROCEDURE. Provides for the in forma pauperis filing of expungements.
(8/1/18)
1 AN ACT
2 To enact Code of Criminal Procedure Article 983(H), relative to expungement; to allow the
3 in forma pauperis filing of a motion to expunge a criminal record in accordance with
4 provisions relative to in forma pauperis filings in civil matters; and to provide for
5 related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Criminal Procedure Article 983(H) is hereby enacted to read as
8 follows:
9 Art. 983. Costs of expungement of a record; fees; collection; exemptions;
10 disbursements
11 * * *
12 H. Notwithstanding any provision of law to the contrary, an applicant for
13 the expungement of a record, other than as provided in Subsections F and G of
14 this Section, may proceed in forma pauperis in accordance with the provisions
15 of Code of Civil Procedure Article 5181 et seq.
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 69
SLS 18RS-12 ENGROSSED
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 69 Engrossed 2018 Regular Session Claitor
Present law provides for the expungement of certain arrest and conviction records under
certain circumstances. Present law further provides that, except as provided by certain
provisions of present law, the total cost to obtain a court order expunging a record cannot
exceed $550.
Proposed law retains present law.
Present law provides that the nonrefundable processing fees for a court order expunging a
record are as follows:
(1)The La. Bureau of Criminal Identification and Information may charge a processing
fee of $250 for the expungement of any record of arrest when ordered to do so by the
court in compliance with the provisions of present law.
(2) The sheriff may charge a processing fee of $50 for the expungement of any record
of arrest when ordered to do so by the court in compliance with the provisions of
present law.
(3) The district attorney may charge a processing fee of $50 for the expungement of any
record of arrest when ordered to do so by the court in compliance with the provisions
of present law.
(4) The clerk of court may charge a processing fee not to exceed $200 to cover the
clerk's costs of the expungement.
Proposed law retains present law.
Present law provides that an applicant for the expungement of a record is not required to pay
any fees to obtain an expungement of an arrest if a certification from the district attorney is
presented to the clerk of court verifying that the applicant has no felony convictions and no
pending felony charges under a bill of information or indictment and at least one of the
following applies:
(1)The applicant was acquitted, after trial, of all charges derived from the arrest,
including any lesser and included offense.
(2) The district attorney consents, and the case against the applicant was dismissed or
the district attorney declined to prosecute the case prior to the time limitations
prescribed in present law and the applicant did not participate in a pretrial diversion
program.
(3) The applicant was arrested and was not prosecuted within the time limitations
prescribed in present law and did not participate in a pretrial diversion program.
(4) The applicant was determined to be factually innocent and entitled to compensation
for a wrongful conviction pursuant to the provisions of present law.
(5) Concerning the arrest record which the applicant seeks to expunge, the applicant was
determined by the district attorney to be a victim of the crime of unauthorized use
of access card, identity theft, access device fraud, or any other crime involving the
unlawful use of the identity or personal information of the applicant.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 69
SLS 18RS-12 ENGROSSED
Proposed law retains present law.
Present law provides that a juvenile who has successfully completed any juvenile drug court
program operated by a La. court is exempt from payment of the processing fees otherwise
authorized by present law.
Proposed law retains present law.
Present law provides for the waiver of court costs for indigent parties (proceeding in formal
pauperis) in civil matters under certain circumstances.
Proposed law retains present law.
Proposed law provides that an applicant for the expungement of a record may proceed in
forma pauperis in accordance with the provisions of present law relative to the waiver of
court costs for indigent parties in civil matters.
Effective August 1, 2018.
(Adds C.Cr.P. Art. 983(H))
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.