RÉSUMÉ DIGEST
ACT 132 (HB 129) 2020 Regular Session Wilford Carter
Existing 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.
New 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.
Effective Aug. 1, 2020.
(Amends C.Cr.P. Art. 976(A)(2))