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