HLS 20RS-531 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 129
BY REPRESENTATIVE WILFORD CARTER
CRIMINAL/RECORDS: Provides relative to a motion to expunge a record of arrest that did
not result in a conviction
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 976(A)(2), relative to
3 expungement of records; to provide relative to the motion to expunge a record of
4 arrest that did not result in a conviction; to provide that a person may file a motion
5 to expunge such record if the person successfully completes a pretrial diversion
6 program; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 976(A)(2) is hereby amended and
9reenacted to read as follows:
10 Art. 976. Motion to expunge record of arrest that did not result in a conviction
11 A. A person may file a motion to expunge a record of his arrest for a felony
12 or misdemeanor offense that did not result in a conviction if any of the following
13 apply:
14 * * *
15 (2) The district attorney for any reason declined to prosecute any offense
16 arising out of that arrest, including the reason that the person successfully completed
17 a pretrial diversion program.
18 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-531 ORIGINAL
HB NO. 129
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 129 Original 2020 Regular Session Wilford Carter
Abstract: Authorizes a person to file a motion to expunge a record of his arrest for a felony
or misdemeanor offense that did not result in a conviction if the person successfully
completes a pretrial diversion program.
Present law provides that a person may file a motion to expunge a record of his arrest for a
felony or misdemeanor offense that did not result in a conviction if any of the following
apply:
(1)The person was not prosecuted for the offense for which he was arrested, and the
limitations on the institution of prosecution have barred the prosecution for that
offense.
(2)The district attorney for any reason declined to prosecute any offense arising out of
that arrest.
(3)Prosecution was instituted and such proceedings have been finally disposed of by
dismissal, sustaining of a motion to quash, or acquittal.
(4)The person was judicially determined to be factually innocent and entitled to
compensation for a wrongful conviction pursuant to present law. The person may
seek to have the arrest and conviction which formed the basis for the wrongful
conviction expunged without the limitations or time delays imposed by present law.
Proposed law provides that in addition to the district attorney declining to prosecute any
offense arising out of an arrest, a person may file a motion to expunge a record of his arrest
for a felony or misdemeanor offense that did not result in a conviction if the person
successfully completes a pretrial diversion program.
(Amends C.Cr.P. Art. 976(A)(2))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.