HLS 20RS-34 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 194
BY REPRESENTATIVE MARINO
CRIMINAL/RECORDS: Provides relative to certain expungement forms
1 AN ACT
2To amend and reenact Code of Criminal Procedure Articles 989, 992, and 993, relative to
3 expungement; to provide with respect for expungement forms; to provide for the
4 amendment of certain forms for expungement; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Articles 989, 992, and 993 are hereby
7amended and reenacted to read as follows:
8 Art. 989. Motion for expungement forms 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 MOTION FOR EXPUNGEMENT
17 NOW INTO COURT comes mover, who provides the court with the
18 following information in connection with this request:
19 I. DEFENDANT INFORMATION
20 NAME: ___________________________________________________________
21 (Last, First, MI)
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HB NO. 194
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.
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HB NO. 194
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. 194
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 ( ) Received a first offender pardon for an eligible offense
26 NO. 2 La. Rev. Stat. Ann. § _______ : ________
27 ( ) Conviction set aside/dismissed_____/____/_______
28 pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY)
29 ( ) More than 10 years have passed
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HB NO. 194
1 since completion of sentence
2 ( ) Received a first offender pardon for an eligible offense
3 ____ Yes ____ NoOPERATING A MOTOR VEHICLE WHILE
4 INTOXICATED CONVICTIONS
5 Mover has attached the following:
6 ( )A copy of the proof from the Department of Public Safety and
7 Corrections, office of motor vehicles, that it has received from the
8 clerk of court a certified copy of the record of the plea, fingerprints
9 of the defendant, and proof of the requirements set forth in C.Cr.P.
10 Art. 556, which shall include the defendant's date of birth, last four
11 digits of social security number, and driver's license number
12 5. Mover has attached to this Motion the following pertinent documents:
13 G Criminal Background Check from the La. State Police/Parish Sheriff
14 dated within the past 60 days (required).
15 G Bill(s) of Information (if any).
16 G Minute entry showing final disposition of case (if any).
17 G Certification Letter from the District Attorney for fee waiver (if
18 eligible).
19 G Certification Letter from the District Attorney verifying that the
20 applicant has no convictions or pending applicable criminal charges
21 in the requisite time periods.
22 G Certification Letter from the District Attorney verifying that the
23 charges were refused.
24 G Certification Letter from the District Attorney verifying that the
25 applicant did not participate in a pretrial diversion program.
26 G A copy of a first offender pardon.
27 G A copy of the order waiving the sex offender registration and
28 notification requirements.
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HB NO. 194
1 G Documentation verifying that the mover has been employed for ten
2 consecutive years.
3 G A copy of the court order determination of factual innocence and
4 order of compensation for a wrongful conviction pursuant to the
5 provisions of R.S. 15:572.8 if applicable.
6 The Mover prays that if there is no objection timely filed by the arresting law
7 enforcement agency, the district attorney's office, or the Louisiana Bureau of
8 Criminal Identification and Information, that an order be issued herein ordering the
9 expungement of the record of arrest and/or conviction set forth above, including all
10 photographs, fingerprints, disposition, or any other such information, which record
11 shall be confidential and no longer considered a public record, nor be made available
12 to other persons, except a prosecutor, member of a law enforcement agency, or a
13 judge who may request such information in writing, certifying that such request is
14 for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
15 purpose of any other statutorily defined law enforcement or administrative duties,
16 or for the purpose of the requirements of sex offender registration and notification
17 pursuant to the provisions of R.S. 15:541 et seq. or as an order of this Court to any
18 other person for good cause shown, or as otherwise authorized by law.
19 If an "Affidavit of No Opposition" by each agency named herein is attached
20 hereto and made a part hereof, Defendant requests that no contradictory hearing be
21 required and the Motion be granted ex parte.
22 Respectfully submitted,
23 ____________________________________
24 Signature of Attorney for Mover/Defendant
25 ____________________________________
26 Attorney for Mover/Defendant Name
27 ____________________________________
28 Attorney's Bar Roll No.
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HB NO. 194
1 ____________________________________
2 Address
3 ____________________________________
4 City, State, ZIP Code
5 ____________________________________
6 Telephone Number
7 If not represented by counsel:
8 ____________________________________
9 Signature of Mover/Defendant
10 ____________________________________
11 Mover/Defendant Name
12 ____________________________________
13 Address
14 ____________________________________
15 City, State, ZIP Code
16 ____________________________________
17 Telephone Number
18 * * *
19 Art. 992. Order of expungement form to be used
20 STATE OF LOUISIANA
21 JUDICIAL DISTRICT FOR THE PARISH OF
22 ______________________________
23 No.: ____________ Division: "_______"
24 State of Louisiana
25 vs.
26 _______________________________________________________
27 ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD
28 Considering the Motion for Expungement
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HB NO. 194
1 G The hearing conducted and evidence adduced herein, OR
2 G Affidavits of No Opposition filed,
3 IT IS ORDERED, ADJUDGED AND DECREED
G THE MOTION IS DENIED for No(s). ___, , , , 4 ________ for the following
5 reasons (check all that apply):
6 G More than five years have not elapsed since Mover completed the
7 misdemeanor conviction sentence.
8 G More than ten years have not elapsed since Mover completed the
9 felony conviction sentence.
10 G Mover was convicted of one of the following ineligible felony
11 offenses:
12 G A violation of the Uniform Controlled Dangerous Substances Law
13 which is ineligible to be expunged.
14 G An offense currently listed as a sex offense that requires registration
15 pursuant to R.S. 15:540 et seq., at the time the Motion was filed,
16 regardless of whether the duty to register was ever imposed.
17 G An offense defined or enumerated as a "crime of violence" pursuant
18 to R.S. 14:2(B) at the time the Motion was filed.
19 G The arrest and conviction being sought to have expunged is for
20 operating a motor vehicle while intoxicated and a copy of the proof
21 from the Department of Public Safety and Corrections, office of
22 motor vehicles, is not attached as required by C.Cr.P. Art. 984(A).
23 G Mover has had another record of misdemeanor conviction expunged
24 during the previous five-year period.
25 G The record of arrest and conviction which Mover seeks to have
26 expunged is for operating a motor vehicle while intoxicated and
27 Mover has had another record of arrest and misdemeanor conviction
28 expunged during the previous ten-year period.
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HB NO. 194
1 G Mover has had another record of felony conviction expunged during
2 the previous fifteen-year period.
3 G Mover was convicted of a misdemeanor which arose from
4 circumstances involving a sex offense as defined in R.S. 15:541.
5 G Mover was convicted of misdemeanor offense of domestic abuse
6 battery which was not dismissed pursuant to C.Cr.P. Art. 894(B).
7 G Mover did not complete pretrial diversion.
8 G The charges against the mover were not dismissed or refused.
9 G Mover's felony conviction was not set aside and dismissed pursuant
10 to C.Cr.P. Art. 893(E).
11 G Mover's felony conviction was not set aside and dismissed pursuant
12 to C.Cr.P. Art. 894(B).
13 G Mover completed a DWI pretrial diversion program, but five years
14 have not elapsed since the mover's date of arrest.
15 G Mover's conviction for felony carnal knowledge of a juvenile is not
16 defined as misdemeanor carnal knowledge of a juvenile had the
17 mover been convicted on or after August 15, 2001.
18 G Mover has not been employed for ten consecutive years as required
19 by C.Cr.P. Art. 978(E)(1)(d).
20 G Mover was not convicted of a crime that would be eligible for
21 expungement as required by C.Cr.P. Art. 978(E)(1).
22 G Mover has criminal charges pending against him.
23 G Mover was convicted of a criminal offense during the ten-year
24 period.
25 G Mover received a first offender pardon but for an ineligible offense.
26 G Mover did not receive a first offender pardon.
27 G Denial for any other reason provided by law with attached reasons for
28 denial.
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HB NO. 194
1 G THE MOTION IS HEREBY GRANTED for No(s). ____________
2 and all agencies are ordered to expunge the record of arrest/conviction and any
3 photographs, fingerprints, or any other such information of any kind maintained in
4 connection with the Arrest(s)/Conviction(s) in the above-captioned matter, which
5 record shall be confidential and no longer considered a public record, nor be
6 available to other persons except a prosecutor, member of a law enforcement agency,
7 or a judge who may request such information in writing certifying that such request
8 is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
9 purpose of any other statutorily defined law enforcement or administrative duties,
10 or for the purpose of the requirements of sex offender registration and notification
11 pursuant to the provisions of R.S. 15:541 et seq. or upon an order of this Court to any
12 other person for good cause shown, or as otherwise authorized by law.
13 G THE MOTION IS HEREBY GRANTED FOR EXPUNGEMENT
14 BY REDACTION If the record includes more than one individual and the mover
15 is entitled to expungement by redaction pursuant to Code of Criminal Procedure
16 Article 985, for No(s). ____________ and all agencies are ordered to expunge the
17 record of arrest/conviction and any photographs, fingerprints, or any other such
18 information of any kind maintained in relation to the Arrest(s)/Conviction(s) in the
19 above-captioned matter as they relate to the mover only. The record shall be
20 confidential and no longer considered a public record, nor be available to other
21 persons except a prosecutor, member of a law enforcement agency, or a judge who
22 may request such information in writing certifying that such request is for the
23 purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose
24 of any other statutorily defined law enforcement or administrative duties, or for the
25 purpose of the requirements of sex offender registration and notification pursuant to
26 the provisions of R.S. 15:541 et seq. or upon an order of this Court to any other
27 person for good cause shown, or as otherwise authorized by law.
28 NAME: _______________________________________________________
29 (Last, First, MI)
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HB NO. 194
1 DOB:______/_____/______ (MM/DD/YY)
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 NUMBER: _________________
10 ARREST DATE: ______/_____/______ (MM/DD/YY)
11 THUS ORDERED AND SIG NED this _____ day of _______________, 20____
12 at ________________________, Louisiana.
13 ___________________________________
14 JUDGE
15 PLEASE SERVE:
16 1. District Attorney: ______________________________________________
17 2. Arresting Agency: _____________________________________________
18 3. Parish Sheriff:________________________________________________
19 4. Louisiana Bureau of Criminal Identification and Information___________
20 5. Attorney for Defendant (or defendant)_____________________________
21 6. Clerk of Court ____________________________
22 Art. 993. Supplemental forms to be used
23 SUPPLEMENTAL SHEET
24 ____ Yes ____ NoARRESTS THAT DID NOT RESULT IN CONVICTION
25 NO. ___ La. Rev. Stat. Ann. § _______ : ________
26 Name of the offense _________________
27 ( ) Time expired for prosecution _____/____/_______
28 (MM/DD/YYYY)
29 ( ) Charge refused by DA - not prosecuted.
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HB NO. 194
1 ( ) Pre-trial Diversion Program.
2 ( ) Charge dismissed
3 ( ) Found not guilty/judgment of acquittal
4 NO. ___ La. Rev. Stat. Ann. § _______ : ________
5 Name of the offense _________________
6 ( ) Time expired for prosecution _____/____/_______
7 (MM/DD/YYYY)
8 ( ) Charge refused by DA - not prosecuted.
9 ( ) Pre-trial Diversion Program.
10 ( ) Charge dismissed
11 ( ) Found not guilty/judgment of acquittal
12 NO. ___ La. Rev. Stat. Ann. § _______ : ________
13 Name of the offense _________________
14 ( ) Time expired for prosecution _____/____/_______
15 (MM/DD/YYYY)
16 ( ) Charge refused by DA - not prosecuted.
17 ( ) Pre-trial Diversion Program.
18 ( ) Charge dismissed
19 ( ) Found not guilty/judgment of acquittal
20 NO. ___ La. Rev. Stat. Ann. § _______ : ________
21 Name of the offense _________________
22 ( ) Time expired for prosecution _____/____/_______
23 (MM/DD/YYYY)
24 ( ) Charge refused by DA - not prosecuted.
25 ( ) Pre-trial Diversion Program.
26 ( ) Charge dismissed
27 ( ) Found not guilty/judgment of acquittal
28 NO. ___ La. Rev. Stat. Ann. § _______ : ________
29 Name of the offense _________________
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HB NO. 194
1 ( ) Time expired for prosecution _____/____/_______
2 (MM/DD/YYYY)
3 ( ) Charge refused by DA - not prosecuted.
4 ( ) Pre-trial Diversion Program.
5 ( ) Charge dismissed
6 ( ) Found not guilty/judgment of acquittal
7 NO. ___ La. Rev. Stat. Ann. § _______ : ________
8 Name of the offense _________________
9 ( ) Time expired for prosecution _____/____/_______
10 (MM/DD/YYYY)
11 ( ) Charge refused by DA - not prosecuted.
12 ( ) Pre-trial Diversion Program.
13 ( ) Charge dismissed
14 ( ) Found not guilty/judgment of acquittal
15 SUPPLEMENTAL SHEET
16 ____ Yes ____ NoMISDEMEANOR CONVICTIONS
17 NO. ___ La. Rev. Stat. Ann. § _______ : ________
18 Name of the offense _________________
19 ( ) Conviction set aside/dismissed_____/____/_______
20 (MM/DD/YYYY)
21 pursuant to C.Cr.P. Art. 894(B)
22 ( ) More than 5 years have passed
23 since completion of sentence.
24 NO. ___ La. Rev. Stat. Ann. § _______ : ________
25 Name of the offense _________________
26 ( ) Conviction set aside/dismissed_____/____/_______
27 (MM/DD/YYYY)
28 pursuant to C.Cr.P. Art. 894(B)
29 ( ) More than 5 years have passed
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HB NO. 194
1 since completion of sentence.
2 NO. ___ La. Rev. Stat. Ann. § _______ : ________
3 Name of the offense _________________
4 ( ) Conviction set aside/dismissed_____/____/_______
5 (MM/DD/YYYY)
6 pursuant to C.Cr.P. Art. 894(B)
7 ( ) More than 5 years have passed
8 since completion of sentence.
9 NO. ___ La. Rev. Stat. Ann. § _______ : ________
10 Name of the offense _________________
11 ( ) Conviction set aside/dismissed_____/____/_______
12 (MM/DD/YYYY)
13 pursuant to C.Cr.P. Art. 894(B)
14 ( ) More than 5 years have passed
15 since completion of sentence.
16 NO. ___ La. Rev. Stat. Ann. § _______ : ________
17 Name of the offense _________________
18 ( ) Conviction set aside/dismissed_____/____/_______
19 (MM/DD/YYYY)
20 pursuant to C.Cr.P. Art. 894(B)
21 ( ) More than 5 years have passed
22 since completion of sentence.
23 NO. ___ La. Rev. Stat. Ann. § _______ : ________
24 Name of the offense _________________
25 ( ) Conviction set aside/dismissed_____/____/_______
26 (MM/DD/YYYY)
27 pursuant to C.Cr.P. Art. 894(B)
28 ( ) More than 5 years have passed
29 since completion of sentence.
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HB NO. 194
1 NO. ___ La. Rev. Stat. Ann. § _______ : ________
2 Name of the offense _________________
3 ( ) Conviction set aside/dismissed_____/____/_______
4 (MM/DD/YYYY)
5 pursuant to C.Cr.P. Art. 894(B)
6 ( ) More than 5 years have passed
7 since completion of sentence.
8 NO. ___ La. Rev. Stat. Ann. § _______ : ________
9 Name of the offense _________________
10 ( ) Conviction set aside/dismissed_____/____/_______
11 (MM/DD/YYYY)
12 pursuant to C.Cr.P. Art. 894(B)
13 ( ) More than 5 years have passed
14 since completion of sentence.
15 NO. ___ La. Rev. Stat. Ann. § _______ : ________
16 Name of the offense _________________
17 ( ) Conviction set aside/dismissed_____/____/_______
18 (MM/DD/YYYY)
19 pursuant to C.Cr.P. Art. 894(B)
20 ( ) More than 5 years have passed
21 since completion of sentence.
22 SUPPLEMENTAL SHEET
23 ____ Yes ____ NoFELONY CONVICTIONS
24 NO. ___ La. Rev. Stat. Ann. § _______ : ________
25 Name of the offense _________________
26 ( ) Conviction set aside/dismissed_____/____/_______
27 (MM/DD/YYYY)
28 pursuant to C.Cr.P. Art. 893(E)
29 ( ) More than 10 years have passed
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HB NO. 194
1 since completion of sentence
2 ( ) Received a first offender pardon for an eligible offense
3 NO. ___ La. Rev. Stat. Ann. § _______ : ________
4 Name of the offense _________________
5 ( ) Conviction set aside/dismissed_____/____/_______
6 (MM/DD/YYYY)
7 pursuant to C.Cr.P. Art. 893(E)
8 ( ) More than 10 years have passed
9 since completion of sentence
10 ( ) Received a first offender pardon for an eligible offense
11 NO. ___ La. Rev. Stat. Ann. § _______ : ________
12 Name of the offense _________________
13 ( ) Conviction set aside/dismissed_____/____/_______
14 (MM/DD/YYYY)
15 pursuant to C.Cr.P. Art. 893(E)
16 ( ) More than 10 years have passed
17 since completion of sentence
18 ( ) Received a first offender pardon for an eligible offense
19 NO. ___ La. Rev. Stat. Ann. § _______ : ________
20 Name of the offense _________________
21 ( ) Conviction set aside/dismissed_____/____/_______
22 (MM/DD/YYYY)
23 pursuant to C.Cr.P. Art. 893(E)
24 ( ) More than 10 years have passed
25 since completion of sentence
26 ( ) Received a first offender pardon for an eligible offense
27 NO. ___ La. Rev. Stat. Ann. § _______ : ________
28 Name of the offense _________________
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1 ( ) Conviction set aside/dismissed_____/____/_______
2 (MM/DD/YYYY)
3 pursuant to C.Cr.P. Art. 893(E)
4 ( ) More than 10 years have passed
5 since completion of sentence
6 ( ) Received a first offender pardon for an eligible offense
7 NO. ___ La. Rev. Stat. Ann. § _______ : ________
8 Name of the offense _________________
9 ( ) Conviction set aside/dismissed_____/____/_______
10 (MM/DD/YYYY)
11 pursuant to C.Cr.P. Art. 893(E)
12 ( ) More than 10 years have passed
13 since completion of sentence
14 ( ) Received a first offender pardon for an eligible offense
15 NO. ___ La. Rev. Stat. Ann. § _______ : ________
16 Name of the offense _________________
17 ( ) Conviction set aside/dismissed_____/____/_______
18 (MM/DD/YYYY)
19 pursuant to C.Cr.P. Art. 893(E)
20 ( ) More than 10 years have passed
21 since completion of sentence
22 ( ) Received a first offender pardon for an eligible offense
23 NO. ___ La. Rev. Stat. Ann. § _______ : ________
24 Name of the offense _________________
25 ( ) Conviction set aside/dismissed_____/____/_______
26 (MM/DD/YYYY)
27 pursuant to C.Cr.P. Art. 893(E)
28 ( ) More than 10 years have passed
29 since completion of sentence
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HB NO. 194
1 ( ) Received a first offender pardon for an eligible offense
2 NO. ___ La. Rev. Stat. Ann. § _______ : ________
3 Name of the offense _________________
4 ( ) Conviction set aside/dismissed_____/____/_______
5 (MM/DD/YYYY)
6 pursuant to C.Cr.P. Art. 893(E)
7 ( ) More than 10 years have passed
8 since completion of sentence
9 ( ) Received a first offender pardon for an eligible offense
10 * * *
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 194 Original 2020 Regular Session Marino
Abstract: Amends certain expungement forms.
Present law provides for the expungement of criminal records and provides for the forms
which shall be used to seek an expungement.
Proposed law amends present law forms for a motion for expungement, order of
expungement, and supplemental forms to include options for which a person received a first
offender pardon for an eligible offense pursuant to present law.
(Amends C.Cr.P. Arts. 989, 992, and 993)
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