ENROLLED
2019 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 106
BY REPRESENTATIVE JAMES
A CONCURRENT RESOL UTION
To urge and request the Louisiana District Attorneys Association, in conjunction with the
Louisiana Supreme Court and other courts in Louisiana, the Louisiana Clerks of
Court Association, the Louisiana Public Defender Board, the Louisiana Sheriffs'
Association, Louisiana State Police, the Justice Accountability Center of Louisiana,
and Voice of the Experienced 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.
WHEREAS, in 2018, Pennsylvania was the first state to pass "clean slate" legislation,
which allows for an individual to petition the courts for their records to be sealed if the
individual has been free from conviction for ten years for an offense that resulted in a year
or more in prison, and has paid all court-ordered financial debts; and
WHEREAS, the Pennsylvania legislation does not allow for the sealing of records
for serious crimes, such as certain firearm charges, sex offenses, murder, and kidnapping;
and
WHEREAS, Louisiana law provides for the mandatory expungement of certain
records when the defendant was arrested and not convicted, the district attorney declines to
prosecute, or the time limitations for the institution of prosecution have expired, without cost
to the defendant; and
WHEREAS, there are many barriers associated with a criminal record, such as
employment, cognitive development, and attaining a degree; and
WHEREAS, according to research by the University of Michigan, people are eleven
percent more likely to be employed and earn higher wages one year after a criminal record
is cleared; and
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WHEREAS, a vast majority of people cannot afford a lawyer, pay court fees, or
navigate the process to petition the court; and
WHEREAS, automatic record-clearing removes the burden of filing a court petition,
is likely to reduce recidivism, and will benefit the national economy, which loses
approximately eighty-seven billion dollars in gross domestic product every year by not
hiring people with criminal records.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana District Attorneys Association, in conjunction with the
Louisiana Supreme Court and other courts in Louisiana, the Louisiana Clerks of Court
Association, the Louisiana Public Defender Board, the Louisiana Sheriffs' Association,
Louisiana State Police, the Justice Accountability Center of Louisiana, and Voice of the
Experienced 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.
BE IT FURTHER RESOLVED that this study shall be completed prior to the
commencement of the 2020 Regular Session of the legislature.
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
to the executive director of the Louisiana District Attorneys Association.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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