HLS 19RS-2087 ORIGINAL
2019 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 106
BY REPRESENTATIVE JAMES
CRIMINAL/PROCEDURE: Requests the La. District Attorneys Association to study and
evaluate the process and procedure for automatic criminal record-clearing for certain
individuals
1 A CONCURRENT RESOL UTION
2To urge and request the Louisiana District Attorneys Association, in conjunction with the
3 Louisiana Supreme Court and other courts in Louisiana, the Louisiana Clerks of
4 Court Association, the Louisiana Public Defender Board, and the Louisiana Sheriffs'
5 Association, to study and evaluate the process and procedure for automatic criminal
6 record-clearing for individuals who remain free from convictions for a certain period
7 of time.
8 WHEREAS, in 2018, Pennsylvania was the first state to pass "clean slate" legislation,
9which allows for an individual to petition the courts for their records to be sealed if the
10individual has been free from conviction for ten years for an offense that resulted in a year
11or more in prison, and has paid all court-ordered financial debts; and
12 WHEREAS, the Pennsylvania legislation does not allow for the sealing of records
13for serious crimes, such as certain firearm charges, sex offenses, murder, and kidnapping;
14and
15 WHEREAS, Louisiana law provides for the mandatory expungement of certain
16records when the defendant was arrested and not convicted, the district attorney declines to
17prosecute, or the time limitations for the institution of prosecution have expired, without cost
18to the defendant; and
19 WHEREAS, there are many barriers associated with a criminal record, such as
20employment, cognitive development, and attaining a degree; and
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HCR NO. 106
1 WHEREAS, according to research by the University of Michigan, people are eleven
2percent more likely to be employed and earn higher wages one year after a criminal record
3is cleared; and
4 WHEREAS, a vast majority of people cannot afford a lawyer, pay court fees, or
5navigate the process to petition the court; and
6 WHEREAS, automatic record-clearing removes the burden of filing a court petition,
7is likely to reduce recidivism, and will benefit the national economy, which loses
8approximately eighty-seven billion dollars in gross domestic product every year by not
9hiring people with criminal records.
10 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
11urge and request the Louisiana District Attorneys Association, in conjunction with the
12Louisiana Supreme Court and other courts in Louisiana, the Louisiana Clerks of Court
13Association, the Louisiana Public Defender Board, and the Louisiana Sheriffs' Association,
14to study and evaluate the process and procedure for automatic criminal record-clearing for
15individuals who remain free from convictions for a certain period of time.
16 BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
17to the executive director of the Louisiana District Attorneys Association.
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)]
HCR 106 Original 2019 Regular Session James
Requests the La. District Attorneys Assoc., in conjunction with the La. Supreme Court and
other courts, the La. Clerks of Court Assoc., the La. Public Defender Bd., and the La.
Sheriffs' Assoc., to study and evaluate the process and procedure for automatic criminal
record-clearing for individuals who remain free from convictions for a certain period of
time.
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