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))