HLS 20RS-851 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 533
BY REPRESENTATIVE LANDRY
CRIMINAL/RECORDS: Provides relative to the expungement of records for victims of
human trafficking
1 AN ACT
2To amend and reenact Code of Criminal Procedure Articles 977(A)(introductory paragraph),
3 978(D), 989, 992, and 993 and to enact Code of Criminal Procedure Articles
4 977(A)(3) and (D)(3), 978(A)(4), and 979.1, relative to expungement; to provide
5 relative to motions to expunge records of arrest and convictions of misdemeanor and
6 felony offenses; to provide relative to arrest and convictions committed by a victim
7 of human trafficking; to provide relative to the procedures for motions to expunge
8 records of victims of human trafficking; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. Code of Criminal Procedure Articles 977(A)(introductory paragraph),
11978(D), 989, 992, and 993 are hereby amended and reenacted and Code of Criminal
12Procedure Articles 977(A)(3) and (D)(3), 978(A)(4), and 979.1 are hereby enacted to read
13as follows:
14 Art. 977. Motion to expunge a record of arrest and conviction of a misdemeanor
15 offense
16 A. A person may file a motion to expunge his record of arrest and conviction
17 of a misdemeanor offense if either any of the following apply:
18 * * *
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1 (3) The arrest or conviction was not for a crime of violence as defined by
2 R.S. 14:2 and was committed while the person was a victim of human trafficking as
3 defined by R.S. 14:46.2 or 46.3.
4 * * *
5 D.
6 * * *
7 (3) The court may grant an order for expungement of a record of arrest and
8 conviction without limitation and without time restrictions as long as the applicant
9 can prove that each arrest or conviction was the direct result of the person being a
10 victim of human trafficking as defined by R.S. 14:46.2 or 46.3.
11 Art. 978. Motion to expunge record of arrest and conviction of a felony offense
12 A. Except as provided in Paragraph B of this Article, a person may file a
13 motion to expunge his record of arrest and conviction of a felony offense if any of
14 the following apply:
15 * * *
16 (4) The arrest or conviction was not for a crime of violence as defined by
17 R.S. 14:2 and was committed while the person was a victim of human trafficking as
18 defined by R.S. 14:46.2 or 46.3.
19 * * *
20 D.(1) Expungement of a record of arrest and conviction of a felony offense
21 shall occur only once with respect to any person during a fifteen-year period. The
22 limitation provided in this Paragraph shall not apply to a person who is seeking the
23 expungement of his record of arrest and conviction for a conviction that was set aside
24 and the prosecution dismissed pursuant to Article 893(E).
25 (2) The court may grant an order for expungement of a record of arrest and
26 conviction without limitation and without time restrictions as long as the applicant
27 can prove that each arrest or conviction was the direct result of the person being a
28 victim of human trafficking as defined by R.S. 14:46.2 or 46.3.
29 * * *
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1 Art. 979.1. Service of motion to expunge a record; victims of human trafficking
2 A. The motion filed pursuant to Articles 977(A)(3) and 978(A)(4) of this
3 Code shall be served on the district attorney that obtained the conviction for which
4 the expungement is sought. The district attorney shall have forty-five days from the
5 date of receipt of service to respond to the petition for relief.
6 B. Official documentation of the applicant's status as a victim of a human
7 trafficking offense from a federal, state, or local governmental agency shall create
8 a presumption that the applicant's participation in the offense was a result of having
9 been a victim of human trafficking as defined in R.S. 14:46.2 or 46.3, but shall not
10 be required for granting a motion under this Article.
11 C. If the opposition to petition is not filed by the district attorney, the court
12 shall deem the petition unopposed and may grant the petition. If the petition is
13 opposed or the court otherwise deems it necessary, the court shall schedule a hearing
14 on the petition.
15 D. If the court requires a hearing, evidence of actions taken by the
16 perpetrator of human trafficking against the applicant seeking an expungement may
17 be considered, but shall not be required, as proof that the person seeking the
18 expungement was a victim of human trafficking.
19 E. The court may grant the order of expungement regardless of whether such
20 conviction was set aside and the prosecution was dismissed pursuant to Article
21 893(E) or 894(B) of this Code.
22 * * *
23 Art. 989. Motion for expungement forms to be used
24 STATE OF LOUISIANA
25 JUDICIAL DISTRICT FOR THE PARISH OF
26 ______________________________
27 No.: _____________ Division: "_______"
28 State of Louisiana
29 vs.
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1 _______________________________________________________
2 MOTION FOR EXPUNGEMENT
3 NOW INTO COURT comes mover, who provides the court with the
4 following information in connection with this request:
5 I. DEFENDANT INFORMATION
6 NAME: ___________________________________________________________
7 (Last, First, MI)
8 DOB: ________/______/_______ (MM/DD/YYYY)
9 GENDER _____ Female _____Male
10 SSN (last 4 digits): XXX-XX-________
11 RACE: _________________
12 DRIVER LIC.# _________________
13 ARRESTING AGENCY: __________________________________________
14 SID# (if available): _________________
15 ARREST NUMBER (ATN): _________________
16 AGENCY ITEM NO. _________________
17 Mover is entitled to expunge the record of his arrest/conviction pursuant to
18 Louisiana Code of Criminal Procedure Article 971 et seq. and states the following
19 in support:
20 II.ARREST INFORMATION
21 1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)
22 2. _____ YES _____ NO A supplemental sheet with arrests and/or
23 convictions is attached after page 2 of this
24 Motion.
25 3. Mover was:
26 _____ YES _____ NO Arrested, but it did not result in conviction
27 _____ YES _____ NO Convicted of and seeks to expunge a
28 misdemeanor
29 _____ YES _____ NO Convicted of and seeks to expunge a felony
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1 _____ YES _____ NO Convicted but determined to be factually
2 innocent and entitled to compensation for a
3 wrongful conviction pursuant to the
4 provisions of R.S. 15:572.8.
5 4. Mover was booked and/or charged with the following offenses: (List each
6 offense booked and charged separately. Attach a supplemental sheet, if
7 necessary.)
8 ____ Yes ____ No ARRESTS THAT DID NOT RESULT IN CONVI CTION
9 NO. 1 La. Rev. Stat. Ann. § _______ : ________
10 Name of the offense __________________
11 ( ) Time expired for prosecution__________________
12 (MM/DD/YYYY)
13 ( ) Not prosecuted for any offense
14 arising out of this charge.
15 ( ) Pre-trial Diversion Program.
16 ( ) DWI Pre-Trial Diversion Program
17 and 5 years have elapsed since the
18 date of arrest.
19 ( ) Charge dismissed
20 ( ) Found not guilty/judgment of acquittal
21 NO. 2 La. Rev. Stat. Ann. § _______ : ________
22 Name of the offense __________________
23 ( ) Time expired for prosecution__________________
24 (MM/DD/YYYY)
25 ( ) Not prosecuted for any
26 offense arising out of this charge.
27 ( ) Pre-trial Diversion Program.
28 ( ) Charge dismissed
29 ( ) Found not guilty/judgment of acquittal
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1 NO. 3 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 ( ) Charge dismissed
9 ( ) Found not guilty/judgment of acquittal
10 ____ Yes ____ NoMISDEMEANOR CONVICTIONS
11 NO. 1 La. Rev. Stat. Ann. § _______ : ________
12 Name of the offense _________________
13 ( ) Conviction set aside/dismissed_____/____/_______
14 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY)
15 ( ) More than 5 years have passed
16 since completion of sentence.
17 ( ) Applicant was a victim of human trafficking
18 NO. 2 La. Rev. Stat. Ann. § _______ : ________
19 Name of the offense _________________
20 ( ) Conviction set aside/dismissed_____/____/_______
21 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY)
22 ( ) More than 5 years have passed
23 since completion of sentence.
24 ( ) Applicant was a victim of human trafficking
25 ____ Yes ____ NoFELONY CONVICTIONS
26 NO. 1 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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1 since completion of sentence
2 ( ) Applicant was a victim of human trafficking
3 NO. 2 La. Rev. Stat. Ann. § _______ : ________
4 ( ) Conviction set aside/dismissed_____/____/_______
5 pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY)
6 ( ) More than 10 years have passed
7 since completion of sentence
8 ( ) Applicant was a victim of human trafficking
9 ____ Yes ____ NoOPERATING A MOTOR VEHICLE WHILE
10 INTOXICATED CONVICTIONS
11 Mover has attached the following:
12 ( )A copy of the proof from the Department of Public Safety and
13 Corrections, office of motor vehicles, that it has received from the
14 clerk of court a certified copy of the record of the plea, fingerprints
15 of the defendant, and proof of the requirements set forth in C.Cr.P.
16 Art. 556, which shall include the defendant's date of birth, last four
17 digits of social security number, and driver's license number
18 5. Mover has attached to this Motion the following pertinent documents:
19 G Criminal Background Check from the La. State Police/Parish Sheriff
20 dated within the past 60 days (required).
21 G Bill(s) of Information (if any).
22 G Minute entry showing final disposition of case (if any).
23 G Certification Letter from the District Attorney for fee waiver (if
24 eligible).
25 G Certification Letter from the District Attorney verifying that the
26 applicant has no convictions or pending applicable criminal charges
27 in the requisite time periods.
28 G Certification Letter from the District Attorney verifying that the
29 charges were refused.
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1 G Certification Letter from the District Attorney verifying that the
2 applicant did not participate in a pretrial diversion program.
3 G A copy of the order waiving the sex offender registration and
4 notification requirements.
5 G Documentation verifying that the mover has been employed for ten
6 consecutive years.
7 G Documentation verifying that the applicant was a victim of human
8 trafficking as defined in R.S. 14:46.2 or 46.3.
9 G A copy of the court order determination of factual innocence and
10 order of compensation for a wrongful conviction pursuant to the
11 provisions of R.S. 15:572.8 if applicable.
12 The Mover prays that if there is no objection timely filed by the arresting law
13 enforcement agency, the district attorney's office, or the Louisiana Bureau of
14 Criminal Identification and Information, that an order be issued herein ordering the
15 expungement of the record of arrest and/or conviction set forth above, including all
16 photographs, fingerprints, disposition, or any other such information, which record
17 shall be confidential and no longer considered a public record, nor be made available
18 to other persons, except a prosecutor, member of a law enforcement agency, or a
19 judge who may request such information in writing, certifying that such request is
20 for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
21 purpose of any other statutorily defined law enforcement or administrative duties,
22 or for the purpose of the requirements of sex offender registration and notification
23 pursuant to the provisions of R.S. 15:541 et seq. or as an order of this Court to any
24 other person for good cause shown, or as otherwise authorized by law.
25 If an "Affidavit of No Opposition" by each agency named herein is attached
26 hereto and made a part hereof, Defendant requests that no contradictory hearing be
27 required and the Motion be granted ex parte.
28 Respectfully submitted,
29 ____________________________________
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1 Signature of Attorney for Mover/Defendant
2 ____________________________________
3 Attorney for Mover/Defendant Name
4 ____________________________________
5 Attorney's Bar Roll No.
6 ____________________________________
7 Address
8 ____________________________________
9 City, State, ZIP Code
10 ____________________________________
11 Telephone Number
12 If not represented by counsel:
13 ____________________________________
14 Signature of Mover/Defendant
15 ____________________________________
16 Mover/Defendant Name
17 ____________________________________
18 Address
19 ____________________________________
20 City, State, ZIP Code
21 ____________________________________
22 Telephone Number
23 * * *
24 Art. 992. Order of expungement form to be used
25 STATE OF LOUISIANA
26 JUDICIAL DISTRICT FOR THE PARISH OF
27 ______________________________
28 No.: ____________ Division: "_______"
29 State of Louisiana
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1 vs.
2 _______________________________________________________
3 ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD
4 Considering the Motion for Expungement
5 G The hearing conducted and evidence adduced herein, OR
6 G Affidavits of No Opposition filed,
7 IT IS ORDERED, ADJUDGED AND DECREED
8 G THE MOTION IS DENIED for No(s). ___, , , , ________ for the following
9 reasons (check all that apply):
10 G More than five years have not elapsed since Mover completed the
11 misdemeanor conviction sentence.
12 G More than ten years have not elapsed since Mover completed the
13 felony conviction sentence.
14 G Mover was not a victim of human trafficking as defined in R.S.
15 14:46.2 or 46.3.
16 G Mover was convicted of one of the following ineligible felony
17 offenses:
18 G A violation of the Uniform Controlled Dangerous Substances Law
19 which is ineligible to be expunged.
20 G An offense currently listed as a sex offense that requires registration
21 pursuant to R.S. 15:540 et seq., at the time the Motion was filed,
22 regardless of whether the duty to register was ever imposed.
23 G An offense defined or enumerated as a "crime of violence" pursuant
24 to R.S. 14:2(B) at the time the Motion was filed.
25 G The arrest and conviction being sought to have expunged is for
26 operating a motor vehicle while intoxicated and a copy of the proof
27 from the Department of Public Safety and Corrections, office of
28 motor vehicles, is not attached as required by C.Cr.P. Art. 984(A).
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1 G Mover has had another record of misdemeanor conviction expunged
2 during the previous five-year period.
3 G The record of arrest and conviction which Mover seeks to have
4 expunged is for operating a motor vehicle while intoxicated and
5 Mover has had another record of arrest and misdemeanor conviction
6 expunged during the previous ten-year period.
7 G Mover has had another record of felony conviction expunged during
8 the previous fifteen-year period.
9 G Mover was convicted of a misdemeanor which arose from
10 circumstances involving a sex offense as defined in R.S. 15:541.
11 G Mover was convicted of misdemeanor offense of domestic abuse
12 battery which was not dismissed pursuant to C.Cr.P. Art. 894(B).
13 G Mover did not complete pretrial diversion.
14 G The charges against the mover were not dismissed or refused.
15 G Mover's felony conviction was not set aside and dismissed pursuant
16 to C.Cr.P. Art. 893(E).
17 G Mover's felony conviction was not set aside and dismissed pursuant
18 to C.Cr.P. Art. 894(B).
19 G Mover completed a DWI pretrial diversion program, but five years
20 have not elapsed since the mover's date of arrest.
21 G Mover's conviction for felony carnal knowledge of a juvenile is not
22 defined as misdemeanor carnal knowledge of a juvenile had the
23 mover been convicted on or after August 15, 2001.
24 G Mover has not been employed for ten consecutive years as required
25 by C.Cr.P. Art. 978(E)(1)(d).
26 G Mover was not convicted of a crime that would be eligible for
27 expungement as required by C.Cr.P. Art. 978(E)(1).
28 G Mover has criminal charges pending against him.
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1 G Mover was convicted of a criminal offense during the ten-year
2 period.
3 G Denial for any other reason provided by law with attached reasons for
4 denial.
5 G THE MOTION IS HEREBY GRANTED for No(s). ____________
6 and all agencies are ordered to expunge the record of arrest/conviction and
7 any photographs, fingerprints, or any other such information of any kind
8 maintained in connection with the Arrest(s)/Conviction(s) in the above-
9 captioned matter, which record shall be confidential and no longer
10 considered a public record, nor be available to other persons except a
11 prosecutor, member of a law enforcement agency, or a judge who may
12 request such information in writing certifying that such request is for the
13 purpose of prosecuting, investigating, or enforcing the criminal law, for the
14 purpose of any other statutorily defined law enforcement or administrative
15 duties, or for the purpose of the requirements of sex offender registration and
16 notification pursuant to the provisions of R.S. 15:541 et seq. or upon an order
17 of this Court to any other person for good cause shown, or as otherwise
18 authorized by law.
19 G THE MOTION IS HEREBY GRANTED FOR EXPUNGEMENT
20 BY REDACTION If the record includes more than one individual and the mover
21 is entitled to expungement by redaction pursuant to Code of Criminal Procedure
22 Article 985, for No(s). ____________ and all agencies are ordered to expunge the
23 record of arrest/conviction and any photographs, fingerprints, or any other such
24 information of any kind maintained in relation to the Arrest(s)/Conviction(s) in the
25 above-captioned matter as they relate to the mover only. The record shall be
26 confidential and no longer considered a public record, nor be available to other
27 persons except a prosecutor, member of a law enforcement agency, or a judge who
28 may request such information in writing certifying that such request is for the
29 purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose
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HB NO. 533
1 of any other statutorily defined law enforcement or administrative duties, or for the
2 purpose of the requirements of sex offender registration and notification pursuant to
3 the provisions of R.S. 15:541 et seq. or upon an order of this Court to any other
4 person for good cause shown, or as otherwise authorized by law.
5 NAME: _______________________________________________________
6 (Last, First, MI)
7 DOB:______/_____/______ (MM/DD/YY)
8 GENDER: _____ Female _____Male
9 SSN (last 4 digits):XXX-XX-_________
10 RACE: _________________
11 DRIVER LIC.# _________________
12 ARRESTING AGENCY: ______________________________________
13 SID# (if available):_________________
14 ARREST NUMBER (ATN): _________________
15 AGENCY ITEM NUMBER: _________________
16 ARREST DATE: ______/_____/______ (MM/DD/YY)
17 THUS ORDERED AND SIG NED this _____ day of _______________, 20____
18 at ________________________, Louisiana.
19 ___________________________________
20 JUDGE
21 PLEASE SERVE:
22 1. District Attorney: ______________________________________________
23 2. Arresting Agency: _____________________________________________
24 3. Parish Sheriff:________________________________________________
25 4. Louisiana Bureau of Criminal Identification and Information___________
26 5. Attorney for Defendant (or defendant)_____________________________
27 6. Clerk of Court ____________________________
28 Art. 993. Supplemental forms to be used
29 SUPPLEMENTAL SHEET
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HB NO. 533
1 ____ Yes ____ NoARRESTS THAT DID NOT RESULT IN CONVICTION
2 NO. ___ La. Rev. Stat. Ann. § _______ : ________
3 Name of the offense _________________
4 ( ) Time expired for prosecution _____/____/_______
5 (MM/DD/YYYY)
6 ( ) Charge refused by DA - not prosecuted.
7 ( ) Pre-trial Diversion Program.
8 ( ) Charge dismissed
9 ( ) Found not guilty/judgment of acquittal
10 NO. ___ La. Rev. Stat. Ann. § _______ : ________
11 Name of the offense _________________
12 ( ) Time expired for prosecution _____/____/_______
13 (MM/DD/YYYY)
14 ( ) Charge refused by DA - not prosecuted.
15 ( ) Pre-trial Diversion Program.
16 ( ) Charge dismissed
17 ( ) Found not guilty/judgment of acquittal
18 NO. ___ La. Rev. Stat. Ann. § _______ : ________
19 Name of the offense _________________
20 ( ) Time expired for prosecution _____/____/_______
21 (MM/DD/YYYY)
22 ( ) Charge refused by DA - not prosecuted.
23 ( ) Pre-trial Diversion Program.
24 ( ) Charge dismissed
25 ( ) Found not guilty/judgment of acquittal
26 NO. ___ La. Rev. Stat. Ann. § _______ : ________
27 Name of the offense _________________
28 ( ) Time expired for prosecution _____/____/_______
29 (MM/DD/YYYY)
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1 ( ) Charge refused by DA - not prosecuted.
2 ( ) Pre-trial Diversion Program.
3 ( ) Charge dismissed
4 ( ) Found not guilty/judgment of acquittal
5 NO. ___ La. Rev. Stat. Ann. § _______ : ________
6 Name of the offense _________________
7 ( ) Time expired for prosecution _____/____/_______
8 (MM/DD/YYYY)
9 ( ) Charge refused by DA - not prosecuted.
10 ( ) Pre-trial Diversion Program.
11 ( ) Charge dismissed
12 ( ) Found not guilty/judgment of acquittal
13 NO. ___ La. Rev. Stat. Ann. § _______ : ________
14 Name of the offense _________________
15 ( ) Time expired for prosecution _____/____/_______
16 (MM/DD/YYYY)
17 ( ) Charge refused by DA - not prosecuted.
18 ( ) Pre-trial Diversion Program.
19 ( ) Charge dismissed
20 ( ) Found not guilty/judgment of acquittal
21 SUPPLEMENTAL SHEET
22 ____ Yes ____ NoMISDEMEANOR CONVICTIONS
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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1 ( ) Applicant was a victim of human trafficking
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 ( ) Applicant was a victim of human trafficking
10 NO. ___ La. Rev. Stat. Ann. § _______ : ________
11 Name of the offense _________________
12 ( ) Conviction set aside/dismissed_____/____/_______
13 (MM/DD/YYYY)
14 pursuant to C.Cr.P. Art. 894(B)
15 ( ) More than 5 years have passed
16 since completion of sentence.
17 ( ) Applicant was a victim of human trafficking
18 NO. ___ La. Rev. Stat. Ann. § _______ : ________
19 Name of the offense _________________
20 ( ) Conviction set aside/dismissed_____/____/_______
21 (MM/DD/YYYY)
22 pursuant to C.Cr.P. Art. 894(B)
23 ( ) More than 5 years have passed
24 since completion of sentence.
25 ( ) Applicant was a victim of human trafficking
26 NO. ___ La. Rev. Stat. Ann. § _______ : ________
27 Name of the offense _________________
28 ( ) Conviction set aside/dismissed_____/____/_______
29 (MM/DD/YYYY)
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1 pursuant to C.Cr.P. Art. 894(B)
2 ( ) More than 5 years have passed
3 since completion of sentence.
4 ( ) Applicant was a victim of human trafficking
5 NO. ___ La. Rev. Stat. Ann. § _______ : ________
6 Name of the offense _________________
7 ( ) Conviction set aside/dismissed_____/____/_______
8 (MM/DD/YYYY)
9 pursuant to C.Cr.P. Art. 894(B)
10 ( ) More than 5 years have passed
11 since completion of sentence.
12 ( ) Applicant was a victim of human trafficking
13 NO. ___ La. Rev. Stat. Ann. § _______ : ________
14 Name of the offense _________________
15 ( ) Conviction set aside/dismissed_____/____/_______
16 (MM/DD/YYYY)
17 pursuant to C.Cr.P. Art. 894(B)
18 ( ) More than 5 years have passed
19 since completion of sentence.
20 ( ) Applicant was a victim of human trafficking
21 NO. ___ La. Rev. Stat. Ann. § _______ : ________
22 Name of the offense _________________
23 ( ) Conviction set aside/dismissed_____/____/_______
24 (MM/DD/YYYY)
25 pursuant to C.Cr.P. Art. 894(B)
26 ( ) More than 5 years have passed
27 since completion of sentence.
28 ( ) Applicant was a victim of human trafficking
29 NO. ___ La. Rev. Stat. Ann. § _______ : ________
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1 Name of the offense _________________
2 ( ) Conviction set aside/dismissed_____/____/_______
3 (MM/DD/YYYY)
4 pursuant to C.Cr.P. Art. 894(B)
5 ( ) More than 5 years have passed
6 since completion of sentence.
7 ( ) Applicant was a victim of human trafficking
8 SUPPLEMENTAL SHEET
9 ____ Yes ____ NoFELONY CONVICTIONS
10 NO. ___ La. Rev. Stat. Ann. § _______ : ________
11 Name of the offense _________________
12 ( ) Conviction set aside/dismissed_____/____/_______
13 (MM/DD/YYYY)
14 pursuant to C.Cr.P. Art. 893(E)
15 ( ) More than 10 years have passed
16 since completion of sentence
17 ( ) Applicant was a victim of human trafficking
18 NO. ___ La. Rev. Stat. Ann. § _______ : ________
19 Name of the offense _________________
20 ( ) Conviction set aside/dismissed_____/____/_______
21 (MM/DD/YYYY)
22 pursuant to C.Cr.P. Art. 893(E)
23 ( ) More than 10 years have passed
24 since completion of sentence
25 ( ) Applicant was a victim of human trafficking
26 NO. ___ La. Rev. Stat. Ann. § _______ : ________
27 Name of the offense _________________
28 ( ) Conviction set aside/dismissed_____/____/_______
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1 (MM/DD/YYYY)
2 pursuant to C.Cr.P. Art. 893(E)
3 ( ) More than 10 years have passed
4 since completion of sentence
5 ( ) Applicant was a victim of human trafficking
6 NO. ___ La. Rev. Stat. Ann. § _______ : ________
7 Name of the offense _________________
8 ( ) Conviction set aside/dismissed_____/____/_______
9 (MM/DD/YYYY)
10 pursuant to C.Cr.P. Art. 893(E)
11 ( ) More than 10 years have passed
12 since completion of sentence
13 ( ) Applicant was a victim of human trafficking
14 NO. ___ La. Rev. Stat. Ann. § _______ : ________
15 Name of the offense _________________
16 ( ) Conviction set aside/dismissed_____/____/_______
17 (MM/DD/YYYY)
18 pursuant to C.Cr.P. Art. 893(E)
19 ( ) More than 10 years have passed
20 since completion of sentence
21 ( ) Applicant was a victim of human trafficking
22 NO. ___ La. Rev. Stat. Ann. § _______ : ________
23 Name of the offense _________________
24 ( ) Conviction set aside/dismissed_____/____/_______
25 (MM/DD/YYYY)
26 pursuant to C.Cr.P. Art. 893(E)
27 ( ) More than 10 years have passed
28 since completion of sentence
29 ( ) Applicant was a victim of human trafficking
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are additions. HLS 20RS-851 ORIGINAL
HB NO. 533
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. 893(E)
6 ( ) More than 10 years have passed
7 since completion of sentence
8 ( ) Applicant was a victim of human trafficking
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. 893(E)
14 ( ) More than 10 years have passed
15 since completion of sentence
16 ( ) Applicant was a victim of human trafficking
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. 893(E)
22 ( ) More than 10 years have passed
23 since completion of sentence
24 ( ) Applicant was a victim of human trafficking
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are additions. HLS 20RS-851 ORIGINAL
HB NO. 533
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 533 Original 2020 Regular Session Landry
Abstract: Provides relative to the expungement of records for victims of human trafficking
and provides relative to procedures for motions to expunge records of human
trafficking victims.
Present law (C.Cr.P. Art. 977(A)) provides that person may file a motion to expunge his
record of arrest and conviction of a misdemeanor offense if either of the following apply:
(1)The conviction was set aside and the prosecution was dismissed pursuant to present
law (C.Cr.P. Art. 894(B)).
(2)More than five years have elapsed since the person completed any sentence, deferred
adjudication, or period of probation or parole, and the person has not been convicted
of any felony offense during the five-year period, and has no felony charge pending
against him.
Present law (C.Cr.P. Art. 978(A)) provides that a person may file a motion to expunge his
record of arrest and conviction of certain felony offenses if any of the following apply:
(1)The conviction was set aside and the prosecution was dismissed pursuant to present
law (C.Cr.P. Art. 893).
(2)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, and the
person has not been convicted of any other criminal offense during the 10-year
period, and has no criminal charge pending against him.
(3)The person is entitled to a first offender pardon for the offense, provided that the
offense is not defined as a crime of violence or a sex offense.
Proposed law adds an additional ground to present law (C.Cr.P. Arts. 977(A) and 978(A))
for which a person may be entitled to an expungement when the arrest or conviction was not
for a crime of violence and was committed while the person was a victim of human
trafficking as defined by present law (R.S. 14:46.2 or 46.3).
Proposed law provides that the motion filed pursuant to proposed law shall be served on the
district attorney that obtained the conviction for which the expungement is sought. The
district attorney shall have 45 days from the date of receipt of service to respond to the
petition for relief. Official documentation of the applicant's status as a victim of a human
trafficking offense from a federal, state, or local governmental agency shall create a
presumption that the applicant's participation in the offense was a result of having been a
victim of human trafficking, but shall not be required for granting a motion under proposed
law. If the court requires a hearing, evidence of actions taken by the perpetrator of human
trafficking against the applicant seeking an expungement may be considered, but shall not
be required as proof that the person seeking the expungement was a victim of human
trafficking.
Proposed law further provides that if the opposition to petition is not filed by the district
attorney, the court shall deem the petition unopposed and may grant the petition. If the
petition is opposed or the court otherwise deems it necessary, the court shall schedule a
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HB NO. 533
hearing on the petition. The court may grant the order of expungement regardless of whether
such conviction was set aside and the prosecution was dismissed pursuant to present law.
Proposed law amends the present law forms to conform with changes made in proposed law.
(Amends C.Cr.P. Arts. 977(A)(intro. para.), 978(D), 989, 992, and 993; Adds C.Cr.P. Arts.
977(A)(3) and (D)(3), 978(A)(4), and 979.1)
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