HLS 20RS-572 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 179
BY REPRESENTATIVE MARINO
CRIMINAL/RECORDS: Provides relative to certain conditions to expunge a record of
arrest and conviction of a felony offense
1 AN ACT
2To amend and reenact Code of Criminal Procedure Articles 989 and 992 and to repeal Code
3 of Criminal Procedure Article 978(E)(1)(d), relative to expungement; to provide
4 relative to the expungement of certain crimes after a cleansing period; to remove the
5 requirement that a person must be employed for a period of ten consecutive years;
6 to provide for the expungement forms to be used; and to provide for related matter.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Articles 989 and 992 are hereby amended
9and reenacted to read as follows:
10 Art. 989. Motion for expungement forms to be used
11 STATE OF LOUISIANA
12 JUDICIAL DISTRICT FOR THE PARISH OF
13 ______________________________
14 No.: _____________ Division: "_______"
15 State of Louisiana
16 vs.
17 _______________________________________________________
18 MOTION FOR EXPUNGEMENT
19 NOW INTO COURT comes mover, who provides the court with the
20 following information in connection with this request:
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HB NO. 179
1 I. DEFENDANT INFORMATION
2 NAME: ___________________________________________________________
3 (Last, First, MI)
4 DOB: ________/______/_______ (MM/DD/YYYY)
5 GENDER _____ Female _____Male
6 SSN (last 4 digits): XXX-XX-________
7 RACE: _________________
8 DRIVER LIC.# _________________
9 ARRESTING AGENCY: __________________________________________
10 SID# (if available): _________________
11 ARREST NUMBER (ATN): _________________
12 AGENCY ITEM NO. _________________
13 Mover is entitled to expunge the record of his arrest/conviction pursuant to
14 Louisiana Code of Criminal Procedure Article 971 et seq. and states the following
15 in support:
16 II.ARREST INFORMATION
17 1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)
18 2. _____ YES _____ NO A supplemental sheet with arrests and/or
19 convictions is attached after page 2 of this
20 Motion.
21 3. Mover was:
22 _____ YES _____ NO Arrested, but it did not result in conviction
23 _____ YES _____ NO Convicted of and seeks to expunge a
24 misdemeanor
25 _____ YES _____ NO Convicted of and seeks to expunge a felony
26 _____ YES _____ NO Convicted but determined to be factually
27 innocent and entitled to compensation for a
28 wrongful conviction pursuant to the
29 provisions of R.S. 15:572.8.
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HB NO. 179
1 4. Mover was booked and/or charged with the following offenses: (List each
2 offense booked and charged separately. Attach a supplemental sheet, if
3 necessary.)
4 ____ Yes ____ No ARRESTS THAT DID NOT RESULT IN CONVICTION
5 NO. 1 La. Rev. Stat. Ann. § _______ : ________
6 Name of the offense __________________
7 ( ) Time expired for prosecution__________________
8 (MM/DD/YYYY)
9 ( ) Not prosecuted for any offense
10 arising out of this charge.
11 ( ) Pre-trial Diversion Program.
12 ( ) DWI Pre-Trial Diversion Program
13 and 5 years have elapsed since the
14 date of arrest.
15 ( ) Charge dismissed
16 ( ) Found not guilty/judgment of acquittal
17 NO. 2 La. Rev. Stat. Ann. § _______ : ________
18 Name of the offense __________________
19 ( ) Time expired for prosecution__________________
20 (MM/DD/YYYY)
21 ( ) Not prosecuted for any
22 offense arising out of this charge.
23 ( ) Pre-trial Diversion Program.
24 ( ) Charge dismissed
25 ( ) Found not guilty/judgment of acquittal
26 NO. 3 La. Rev. Stat. Ann. § _______ : ________
27 Name of the offense __________________
28 ( ) Time expired for prosecution__________________
29 (MM/DD/YYYY)
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HB NO. 179
1 ( ) Not prosecuted for any offense
2 arising out of this charge.
3 ( ) Pre-trial Diversion Program.
4 ( ) Charge dismissed
5 ( ) Found not guilty/judgment of acquittal
6 ____ Yes ____ NoMISDEMEANOR CONVICTIONS
7 NO. 1 La. Rev. Stat. Ann. § _______ : ________
8 Name of the offense _________________
9 ( ) Conviction set aside/dismissed_____/____/_______
10 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY)
11 ( ) More than 5 years have passed
12 since completion of sentence.
13 NO. 2 La. Rev. Stat. Ann. § _______ : ________
14 Name of the offense _________________
15 ( ) Conviction set aside/dismissed_____/____/_______
16 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY)
17 ( ) More than 5 years have passed
18 since completion of sentence.
19 ____ Yes ____ NoFELONY CONVICTIONS
20 NO. 1 La. Rev. Stat. Ann. § _______ : ________
21 ( ) Conviction set aside/dismissed_____/____/_______
22 pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY)
23 ( ) More than 10 years have passed
24 since completion of sentence
25 NO. 2 La. Rev. Stat. Ann. § _______ : ________
26 ( ) Conviction set aside/dismissed_____/____/_______
27 pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY)
28 ( ) More than 10 years have passed
29 since completion of sentence
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HB NO. 179
1 ____ Yes ____ NoOPERATING A MOTOR VEHICLE WHILE
2 INTOXICATED CONVICTIONS
3 Mover has attached the following:
4 ( )A copy of the proof from the Department of Public Safety and
5 Corrections, office of motor vehicles, that it has received from the
6 clerk of court a certified copy of the record of the plea, fingerprints
7 of the defendant, and proof of the requirements set forth in C.Cr.P.
8 Art. 556, which shall include the defendant's date of birth, last four
9 digits of social security number, and driver's license number
10 5. Mover has attached to this Motion the following pertinent documents:
11 G Criminal Background Check from the La. State Police/Parish Sheriff
12 dated within the past 60 days (required).
13 G Bill(s) of Information (if any).
14 G Minute entry showing final disposition of case (if any).
15 G Certification Letter from the District Attorney for fee waiver (if
16 eligible).
17 G Certification Letter from the District Attorney verifying that the
18 applicant has no convictions or pending applicable criminal charges
19 in the requisite time periods.
20 G Certification Letter from the District Attorney verifying that the
21 charges were refused.
22 G Certification Letter from the District Attorney verifying that the
23 applicant did not participate in a pretrial diversion program.
24 G A copy of the order waiving the sex offender registration and
25 notification requirements.
26 G Documentation verifying that the mover has been employed for ten
27 consecutive years.
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HB NO. 179
1 G A copy of the court order determination of factual innocence and
2 order of compensation for a wrongful conviction pursuant to the
3 provisions of R.S. 15:572.8 if applicable.
4 The Mover prays that if there is no objection timely filed by the arresting law
5 enforcement agency, the district attorney's office, or the Louisiana Bureau of
6 Criminal Identification and Information, that an order be issued herein ordering the
7 expungement of the record of arrest and/or conviction set forth above, including all
8 photographs, fingerprints, disposition, or any other such information, which record
9 shall be confidential and no longer considered a public record, nor be made available
10 to other persons, except a prosecutor, member of a law enforcement agency, or a
11 judge who may request such information in writing, certifying that such request is
12 for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
13 purpose of any other statutorily defined law enforcement or administrative duties,
14 or for the purpose of the requirements of sex offender registration and notification
15 pursuant to the provisions of R.S. 15:541 et seq. or as an order of this Court to any
16 other person for good cause shown, or as otherwise authorized by law.
17 If an "Affidavit of No Opposition" by each agency named herein is attached
18 hereto and made a part hereof, Defendant requests that no contradictory hearing be
19 required and the Motion be granted ex parte.
20 Respectfully submitted,
21 ____________________________________
22 Signature of Attorney for Mover/Defendant
23 ____________________________________
24 Attorney for Mover/Defendant Name
25 ____________________________________
26 Attorney's Bar Roll No.
27 ____________________________________
28 Address
29
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HB NO. 179
1 ____________________________________
2 City, State, ZIP Code
3 ____________________________________
4 Telephone Number
5 If not represented by counsel:
6 ____________________________________
7 Signature of Mover/Defendant
8 ____________________________________
9 Mover/Defendant Name
10 ____________________________________
11 Address
12 ____________________________________
13 City, State, ZIP Code
14 ____________________________________
15 Telephone Number
16 * * *
17 Art. 992. Order of expungement form to be used
18 STATE OF LOUISIANA
19 JUDICIAL DISTRICT FOR THE PARISH OF
20 ______________________________
21 No.: ____________ Division: "_______"
22 State of Louisiana
23 vs.
24 _______________________________________________________
25 ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD
26 Considering the Motion for Expungement
27 G The hearing conducted and evidence adduced herein, OR
28 G Affidavits of No Opposition filed,
29 IT IS ORDERED, ADJUDGED AND DECREED
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HB NO. 179
1 G THE MOTION IS DENIED for No(s). ___, , , , ________ for the following
2 reasons (check all that apply):
3 G More than five years have not elapsed since Mover completed the
4 misdemeanor conviction sentence.
5 G More than ten years have not elapsed since Mover completed the
6 felony conviction sentence.
7 G Mover was convicted of one of the following ineligible felony
8 offenses:
9 G A violation of the Uniform Controlled Dangerous Substances Law
10 which is ineligible to be expunged.
11 G An offense currently listed as a sex offense that requires registration
12 pursuant to R.S. 15:540 et seq., at the time the Motion was filed,
13 regardless of whether the duty to register was ever imposed.
14 G An offense defined or enumerated as a "crime of violence" pursuant
15 to R.S. 14:2(B) at the time the Motion was filed.
16 G The arrest and conviction being sought to have expunged is for
17 operating a motor vehicle while intoxicated and a copy of the proof
18 from the Department of Public Safety and Corrections, office of
19 motor vehicles, is not attached as required by C.Cr.P. Art. 984(A).
20 G Mover has had another record of misdemeanor conviction expunged
21 during the previous five-year period.
22 G The record of arrest and conviction which Mover seeks to have
23 expunged is for operating a motor vehicle while intoxicated and
24 Mover has had another record of arrest and misdemeanor conviction
25 expunged during the previous ten-year period.
26 G Mover has had another record of felony conviction expunged during
27 the previous fifteen-year period.
28 G Mover was convicted of a misdemeanor which arose from
29 circumstances involving a sex offense as defined in R.S. 15:541.
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HB NO. 179
1 G Mover was convicted of misdemeanor offense of domestic abuse
2 battery which was not dismissed pursuant to C.Cr.P. Art. 894(B).
3 G Mover did not complete pretrial diversion.
4 G The charges against the mover were not dismissed or refused.
5 G Mover's felony conviction was not set aside and dismissed pursuant
6 to C.Cr.P. Art. 893(E).
7 G Mover's felony conviction was not set aside and dismissed pursuant
8 to C.Cr.P. Art. 894(B).
9 G Mover completed a DWI pretrial diversion program, but five years
10 have not elapsed since the mover's date of arrest.
11 G Mover's conviction for felony carnal knowledge of a juvenile is not
12 defined as misdemeanor carnal knowledge of a juvenile had the
13 mover been convicted on or after August 15, 2001.
14 G Mover has not been employed for ten consecutive years as required
15 by C.Cr.P. Art. 978(E)(1)(d).
16 G Mover was not convicted of a crime that would be eligible for
17 expungement as required by C.Cr.P. Art. 978(E)(1).
18 G Mover has criminal charges pending against him.
19 G Mover was convicted of a criminal offense during the ten-year
20 period.
21 G Denial for any other reason provided by law with attached reasons for
22 denial.
23 G THE MOTION IS HEREBY GRANTED for No(s). ____________
24 and all agencies are ordered to expunge the record of arrest/conviction and
25 any photographs, fingerprints, or any other such information of any kind
26 maintained in connection with the Arrest(s)/Conviction(s) in the above-
27 captioned matter, which record shall be confidential and no longer
28 considered a public record, nor be available to other persons except a
29 prosecutor, member of a law enforcement agency, or a judge who may
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HB NO. 179
1 request such information in writing certifying that such request is for the
2 purpose of prosecuting, investigating, or enforcing the criminal law, for the
3 purpose of any other statutorily defined law enforcement or administrative
4 duties, or for the purpose of the requirements of sex offender registration and
5 notification pursuant to the provisions of R.S. 15:541 et seq. or upon an order
6 of this Court to any other person for good cause shown, or as otherwise
7 authorized by law.
8 G THE MOTION IS HEREBY GRANTED FOR EXPUNGEMENT
9 BY REDACTION If the record includes more than one individual and the mover
10 is entitled to expungement by redaction pursuant to Code of Criminal Procedure
11 Article 985, for No(s). ____________ and all agencies are ordered to expunge the
12 record of arrest/conviction and any photographs, fingerprints, or any other such
13 information of any kind maintained in relation to the Arrest(s)/Conviction(s) in the
14 above-captioned matter as they relate to the mover only. The record shall be
15 confidential and no longer considered a public record, nor be available to other
16 persons except a prosecutor, member of a law enforcement agency, or a judge who
17 may request such information in writing certifying that such request is for the
18 purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose
19 of any other statutorily defined law enforcement or administrative duties, or for the
20 purpose of the requirements of sex offender registration and notification pursuant to
21 the provisions of R.S. 15:541 et seq. or upon an order of this Court to any other
22 person for good cause shown, or as otherwise authorized by law.
23 NAME: _______________________________________________________
24 (Last, First, MI)
25 DOB:______/_____/______ (MM/DD/YY)
26 GENDER: _____ Female _____Male
27 SSN (last 4 digits):XXX-XX-_________
28 RACE: _________________
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HB NO. 179
1 DRIVER LIC.# _________________
2 ARRESTING AGENCY: ______________________________________
3 SID# (if available):_________________
4 ARREST NUMBER (ATN): _________________
5 AGENCY ITEM NUMBER: _________________
6 ARREST DATE: ______/_____/______ (MM/DD/YY)
7 THUS ORDERED AND SIG NED this _____ day of _______________, 20____
8 at ________________________, Louisiana.
9 ___________________________________
10 JUDGE
11 PLEASE SERVE:
12 1. District Attorney: ______________________________________________
13 2. Arresting Agency: _____________________________________________
14 3. Parish Sheriff:________________________________________________
15 4. Louisiana Bureau of Criminal Identification and Information___________
16 5. Attorney for Defendant (or defendant)_____________________________
17 6. Clerk of Court ____________________________
18 Section 2. Code of Criminal Procedure Article 978(E)(1)(d) is hereby repealed in
19its entirety.
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 179 Original 2020 Regular Session Marino
Abstract: Relative to the expungement of certain crimes after a cleansing period, removes
the requirement that a person be employed for a period of ten consecutive years.
Present law provides for the expungement of certain misdemeanor and felony arrest and
conviction records, but prohibits an expungement of a conviction for a crime of violence,
unless otherwise authorized by present law.
Present law allows for the expungement 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 are proven by the petitioner:
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HB NO. 179
(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.
Proposed law removes the requirement that the person be employed for a period of 10
consecutive years.
(Amends C.Cr.P. Arts. 989 and 992; Repeals C.Cr.P. Art. 978(E)(1)(d))
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