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.