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 Original 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 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. Present law further provides that the motion to expunge must include
a certification obtained from the district attorney that verifies that the applicant has no convictions
during the 10-year period and no pending charges under a bill of information or indictment.
Proposed law changes the "cleansing period" after which a person is eligible for an expungement
from 10 years to five years.
Proposed law otherwise retains present law.
Present law provides that expungement of a record of arrest and conviction of a felony offense can
occur only once with respect to any person during a 15-year period.
Proposed law changes the period of time during which an expungement can occur only once from
15 years to 10 years.
Present law provides that, after a contradictory hearing, the court may order the expungement of the
arrest and conviction records of a person pertaining to a conviction of aggravated battery, second
degree battery, aggravated criminal damage to property, simple robbery, purse snatching, or illegal
use of weapons or dangerous instrumentalities if all of the following conditions are proven by the
petitioner:
(1)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.
(2)The person has not been convicted of any other criminal offense during the 10-year period.
(3)The person has no criminal charge pending against him.
(4)The person has been employed for a period of 10 consecutive years.
Present law further provides that the motion to expunge filed pursuant to present law must include
a certification from the district attorney that verifies that the applicant has no convictions during the
10-year period and no pending charges under a bill of information or indictment. Proposed law changes the "cleansing period" after which a person convicted of certain present
law offenses may be eligible for an expungement from 10 years to five years. Present law further
provides that the person may also be eligible for an expungement if he can show that he has applied
for positions of employment for 60 consecutive months, or that because of some physical or mental
impairment, as established by a physician's statement, the person is not able to work.
Proposed law otherwise retains present law.
Effective August 1, 2019.
(Amends C.Cr.P. Art. 978(A)(2), (D), and (E)(1)(a), (b), and (d) and (2))