SLS 19RS-349 ENGROSSED
2019 Regular Session
SENATE BILL NO. 98
BY SENATOR PRICE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL RECORDS. Provides relative to expungement. (8/1/19)
1 AN ACT
2 To enact Code of Criminal Procedure Art. 978(A)(3), relative to expungement; to provide
3 for expungement of arrest and conviction records for an offense subject to a first
4 offender pardon; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Art. 978(A)(3) is hereby enacted to read as
7 follows:
8 Art. 978. Motion to expunge record of arrest and conviction of a felony offense
9 A. Except as provided in Paragraph B of this Article, a person may file a
10 motion to expunge his record of arrest and conviction of a felony offense if either
11 any of the following apply:
12 * * *
13 (3) The person is entitled to a first offender pardon for the offense
14 pursuant to Louisiana Constitution Article IV, Section 5(E)(1), provided that
15 the offense is not defined as a crime of violence pursuant to R.S. 14:2(B) or a sex
16 offense pursuant to R.S. 15:541.
17 * * *
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 98
SLS 19RS-349 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 98 Engrossed 2019 Regular Session Price
Present law provides that a person may file a motion to expunge his record of arrest and
conviction of a felony offense under either of the following circumstances:
(1)The conviction was set aside and the prosecution was dismissed pursuant to present
law relative to suspension and deferral of sentence and probation in felony cases
under certain circumstances.
(2)If more than 10 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 that 10 year period, and has no criminal charge pending against him.
Proposed law retains present law.
Present constitution provides that a first offender convicted of a nonviolent crime, or
convicted of aggravated battery, second degree battery, aggravated assault, mingling harmful
substances, aggravated criminal damage to property, purse snatching, extortion, or illegal
use of weapons or dangerous instrumentalities never previously convicted of a felony is
pardoned automatically upon completion of his sentence, without a recommendation of the
Board of Pardons and without action by the governor.
Proposed law provides that in addition to other circumstances under which a person is
entitled to an expungement, a person is also entitled to an expungement if he is eligible for
an expungement if he is entitled to a first offender pardon pursuant to present constitution,
provided the offense is not defined as a crime of violence or a sex offense under present law.
Effective August 1, 2019.
(Adds C.Cr.P. Art. 978(A)(3))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Delete provisions of proposed law shortening the "cleansing period" after
which a person is eligible for an expungement from 10 years to five years.
2. Delete provisions of proposed law relative to eligibility for an expungement
based on application for employment or physical or mental impairment
making the person unable to work.
3. Add provision making a person entitled to a first offender pardon under
present constitution eligible for an expungement under certain circumstances.
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.