2019 Regular Session ENROLLED
SENATE BILL NO. 98
BY SENATOR PRICE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To enact Code of Criminal Procedure Art. 978(A)(3) and (B)(3)(e), relative to expungement;
3 to provide for expungement of arrest and conviction records for an offense subject
4 to a first 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) and (B)(3)(e) are hereby
7 enacted to read as 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 B. No expungement shall be granted nor shall a person be permitted to file
18 a motion to expunge the record of arrest and conviction of a felony offense if the
19 person was convicted of the commission or attempted commission of any of the
20 following offenses:
21 * * *
22 (3) A violation of the Uniform Controlled Dangerous Substances Law,
23 except for any of the following which may be expunged pursuant to the provisions
24 of this Title:
25 * * *
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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. 98 ENROLLED
1 (e) A conviction for a violation of the Uniform Controlled Dangerous
2 Substances Law for which the person is entitled to a first offender pardon
3 pursuant to Article IV, Section 5(E)(1) of the Louisiana Constitution.
4 * * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.