SLS 20RS-475 ORIGINAL
2020 Regular Session
SENATE BILL NO. 220
BY SENATOR BARROW
CRIMINAL PROCEDURE. Provides relative to expungement. (8/1/20)
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Article 977(A)(2) and (C), 978(A)(2)
3 and (3), the introductory paragraph of (B), (B)(4), and (D), 989, 992, and 993, to
4 enact Code of Criminal Procedure Article 983(F)(6), and to repeal Code of Criminal
5 Procedure Article 977(D) and 978(E), relative to expungement; to shorten the
6 cleansing period for expungement of misdemeanor and felony offenses; to make
7 certain offenses eligible for expungement; to provide relative to costs of
8 expungement; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. Code of Criminal Procedure Article 977(A)(2) and (C), 978(A)(2) and (3),
11 the introductory paragraph of (B), (B)(4), and (D), 989, 992, and 993 are hereby amended
12 and reenacted and Code of Criminal Procedure Article 983(F)(6) is hereby enacted to read
13 as 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 of the following apply:
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SLS 20RS-475 ORIGINAL
1 * * *
2 (2) More than five two years have elapsed since the person completed any
3 sentence, deferred adjudication, or period of probation or parole, and the person has
4 not been convicted of any felony offense during the five-year two-year period, and
5 has no felony charge pending against him. The motion filed pursuant to this
6 Subparagraph shall include a certification obtained from the district attorney which
7 verifies that to his knowledge the applicant has no felony convictions during the five-
8 year two-year period and no pending felony charges under a bill of information or
9 indictment.
10 * * *
11 C. No person shall be entitled to expungement of a record under any of the
12 following circumstances: A person may file a motion to expunge his record of
13 arrest and conviction for the commission or attempted commission of any of the
14 following offenses if more than fifteen years have elapsed since the person
15 completed any sentence, deferred adjudication, or period of probation or parole
16 based on the conviction, and the person has not been convicted of any other
17 criminal offense during the fifteen-year period, and has no criminal charges
18 pending against him, provided that the motion filed pursuant to this Subsection
19 shall include a certification obtained from the district attorney which verifies
20 that, to his knowledge, the applicant has no convictions during the fifteen-year
21 period and no pending charges under a bill of information or indictment:
22 (1) The A misdemeanor conviction that arose from circumstances involving
23 or that is the result of an arrest for a sex offense as defined in R.S. 15:541, except
24 that an interim expungement shall be available as authorized by the provisions of
25 Article 985.1 of this Code.
26 (2) The A misdemeanor conviction was for domestic abuse battery.
27 (3) The A misdemeanor conviction was for stalking (R.S. 14:40.2).
28 * * *
29 Art. 978. Motion to expunge record of arrest and conviction of a felony offense
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SLS 20RS-475 ORIGINAL
1 A. Except as provided in Paragraph B of this Article, a person may file a
2 motion to expunge his record of arrest and conviction of a felony offense if any of
3 the following apply:
4 * * *
5 (2) More than ten five years have elapsed since the person completed any
6 sentence, deferred adjudication, or period of probation or parole based on the felony
7 conviction, and the person has not been convicted of any other criminal offense
8 during the ten-year five-year period, and has no criminal charge pending against
9 him. The motion filed pursuant to this Subparagraph shall include a certification
10 obtained from the district attorney which verifies that, to his knowledge, the
11 applicant has no convictions during the ten-year five-year period and no pending
12 charges under a bill of information or indictment.
13 (3) The person has been granted a pardon by the governor or is entitled
14 to a first offender pardon for the offense pursuant to Article IV, Section 5(E)(1), of
15 the Constitution of Louisiana, provided that the offense is not defined as a crime of
16 violence pursuant to R.S. 14:2(B) or a sex offense pursuant to R.S. 15:541.
17 B. No expungement shall be granted nor shall a person be permitted to file
18 a motion to expunge the record of arrest and conviction of a felony offense if the
19 person was convicted of A person may file a motion to expunge his record of
20 arrest and conviction for the commission or attempted commission of any of the
21 following offenses if more than fifteen years have elapsed since the person
22 completed any sentence, deferred adjudication, or period of probation or parole
23 based on the conviction, and the person has not been convicted of any other
24 criminal offense during the fifteen-year period, and has no criminal charges
25 pending against him, provided that the motion filed pursuant to this Subsection
26 shall include a certification obtained from the district attorney which verifies
27 that, to his knowledge, the applicant has no convictions during the fifteen-year
28 period and no pending charges under a bill of information or indictment:
29 * * *
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SLS 20RS-475 ORIGINAL
1 (4) The conviction was for domestic Domestic abuse battery.
2 * * *
3 D. Expungement of a record of arrest and conviction of a felony offense shall
4 occur only once with respect to any person during a fifteen-year period. The
5 limitation provided in this Paragraph shall not apply to a person who is seeking the
6 expungement of his record of arrest and conviction for a conviction that was set aside
7 and the prosecution dismissed pursuant to Article 893(E).
8 E.(1) Notwithstanding any other provision of law to the contrary, after a
9 contradictory hearing, the court may order the expungement of the arrest and
10 conviction records of a person pertaining to a conviction of aggravated battery,
11 second degree battery, aggravated criminal damage to property, simple robbery,
12 purse snatching, or illegal use of weapons or dangerous instrumentalities if all of the
13 following conditions are proven by the petitioner:
14 (a) More than ten five years have elapsed since the person completed any
15 sentence, deferred adjudication, or period of probation or parole based on the felony
16 conviction.
17 (b) The person has not been convicted of any other criminal offense during
18 the ten-year five-year period.
19 (c) The person has no criminal charge pending against him.
20 (d) The person has been employed for a period of ten five consecutive years.
21 (2) The motion filed pursuant to this Paragraph shall include a certification
22 from the district attorney which verifies that, to his knowledge, the applicant has no
23 convictions during the ten-year five-year period and no pending charges under a bill
24 of information or indictment. The motion shall be heard by contradictory hearing as
25 provided by Article 980.
26 * * *
27 Art. 983. Costs of expungement of a record; fees; collection; exemptions;
28 disbursements
29 * * *
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SLS 20RS-475 ORIGINAL
1 F. An applicant for the expungement of a record shall not be required to pay
2 any fee to the clerk of court, the Louisiana Bureau of Criminal Identification and
3 Information, sheriff, the district attorney, or any other agency to obtain or execute
4 an order of a court of competent jurisdiction to expunge the arrest from the
5 individual's arrest record if a certification obtained from the district attorney is
6 presented to the clerk of court which verifies that the applicant has no felony
7 convictions and no pending felony charges under a bill of information or indictment
8 and at least one of the following applies:
9 * * *
10 (6) The applicant has been granted a pardon by the governor or is
11 entitled to a first offender pardon pursuant to Article IV, Section 5(E)(1), of the
12 Constitution of Louisiana.
13 * * *
14 Art. 989. Motion for expungement forms to be used
15
16 "STATE OF LOUISIANA
17 JUDICIAL DISTRICT FOR THE PARISH OF
18 ______________________________
19 No.: _____________ Division: "_______"
20
21 State of Louisiana
22 vs.
23 _______________________________________________________
24 MOTION FOR EXPUNGEMENT
25
26 NOW INTO COURT comes mover, who provides the court with the following information in
27 connection with this request:
28
29 I. DEFENDANT INFORMATION
30
31 NAME: ___________________________________________________________
32 (Last, First, MI)
33
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SLS 20RS-475 ORIGINAL
1 DOB: ________/______/_______ (MM/DD/YYYY)
2
3 GENDER _____ Female _____Male
4
5 SSN (last 4 digits): XXX-XX-________
6
7 RACE: _________________
8
9 DRIVER LIC.#_________________
10
11 ARRESTING AGENCY:__________________________________________
12
13 SID# (if available): _________________
14
15 ARREST NUMBER (ATN): _________________
16
17 AGENCY ITEM NUMBER: _________________
18
19 Mover is entitled to expunge the record of his arrest/conviction pursuant to Louisiana Code of
20 Criminal Procedure Article 971 et seq. and states the following in support:
21
22 II. ARREST INFORMATION
23
24 1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)
25
26 2. _____ YES _____ NO A supplemental sheet with arrests and/or convictions is attached
27 after page 2 of this Motion.
28
29 3. Mover was:
30
31 _____ YES _____ NO Arrested, but it did not result in conviction
32 _____ YES _____ NO Convicted of and seeks to expunge a misdemeanor
33 _____ YES _____ NO Convicted of and seeks to expunge a felony
34 _____ YES _____ NO Convicted but determined to be factually innocent and entitled to
35 compensation for a wrongful conviction pursuant to the provisions
36 of R.S. 15:572.8.
37
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SLS 20RS-475 ORIGINAL
1 4. Mover was booked and/or charged with the following offenses: (List each offense booked and
2 charged separately. Attach a supplemental sheet, if necessary.)
3
4 ____ Yes ____ No ARRESTS THAT DID NOT RESULT IN CONVICTION
5
6 NO. 1 La. Rev. Stat. Ann. § _______ : ________
7 Name of the offense __________________
8 ( ) Time expired for prosecution __________________
9 (MM/DD/YYYY)
10 ( ) Not prosecuted for any offense
11 arising out of this charge.
12 ( ) Pre-trial Diversion Program.
13 ( ) DWI Pre-Trial Diversion Program
14 and 5 years have elapsed since the
15 date of arrest.
16 ( ) Charge dismissed
17 ( ) Found not guilty/judgment of acquittal
18
19 NO. 2 La. Rev. Stat. Ann. § _______ : ________
20 Name of the offense __________________
21 ( ) Time expired for prosecution __________________
22 (MM/DD/YYYY)
23 ( ) Not prosecuted for any
24 offense arising out of this charge.
25 ( ) Pre-trial Diversion Program.
26 ( ) Charge dismissed
27 ( ) Found not guilty/judgment of acquittal
28 NO. 3 La. Rev. Stat. Ann. § _______ : ________
29 Name of the offense __________________
30 ( ) Time expired for prosecution __________________
31 (MM/DD/YYYY)
32 ( ) Not prosecuted for any offense
33 arising out of this charge.
34 ( ) Pre-trial Diversion Program.
35 ( ) Charge dismissed
36 ( ) Found not guilty/judgment of acquittal
37
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SLS 20RS-475 ORIGINAL
1 ____ Yes ____ No MISDEMEANOR CONVICTIONS
2
3 NO. 1 La. Rev. Stat. Ann. § _______ : ________
4 Name of the offense _________________
5 ( ) Conviction set aside/dismissed _____/____/_______
6 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY)
7 ( ) More than 5 2 years have passed
8 since completion of sentence.
9
10 NO. 2 La. Rev. Stat. Ann. § _______ : ________
11 Name of the offense _________________
12 ( ) Conviction set aside/dismissed _____/____/_______
13 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY)
14 ( ) More than 5 2 years have passed
15 since completion of sentence.
16
17 ____ Yes ____ No FELONY CONVICTIONS
18
19 NO. 1 La. Rev. Stat. Ann. § _______ : ________
20 ( ) Conviction set aside/dismissed _____/____/_______
21 pursuant to C.Cr.P. Art. 893(E) (MM/DD/YYYY)
22 ( ) More than 10 5 years have passed
23 since completion of sentence
24
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 5 years have passed
29 since completion of sentence
30
31 ____ Yes ____ No OPERATING A MOTOR VEHICLE WHILE INTOXICATED
32 CONVICTIONS
33
34 Mover has attached the following:
35
36 ( ) A copy of the proof from the Department of Public Safety and Corrections, office of
37 motor vehicles, that it has received from the clerk of court a certified copy of the
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SLS 20RS-475 ORIGINAL
1 record of the plea, fingerprints of the defendant, and proof of the requirements set forth
2 in C.Cr.P. Art. 556, which shall include the defendant's date of birth, last four digits
3 of social security number, and driver's license number
4
5 5. Mover has attached to this Motion the following pertinent documents:
6
7 G Criminal Background Check from the La. State Police/Parish Sheriff dated within the
8 past 60 days (required).
9
10 G Bill(s) of Information (if any).
11
12 G Minute entry showing final disposition of case (if any).
13
14 G Certification Letter from the District Attorney for fee waiver (if eligible).
15
16 G Certification Letter from the District Attorney verifying that the applicant has no
17 convictions or pending applicable criminal charges in the requisite time periods.
18
19 G Certification Letter from the District Attorney verifying that the charges were refused.
20
21 G Certification Letter from the District Attorney verifying that the applicant did not
22 participate in a pretrial diversion program.
23
24 G A copy of the order waiving the sex offender registration and notification
25 requirements.
26 G Documentation verifying that the mover has been employed for ten consecutive years.
27 G A copy of the court order determination of factual innocence and order of
28 compensation for a wrongful conviction pursuant to the provisions of R.S. 15:572.8
29 if applicable.
30
31 The Mover prays that if there is no objection timely filed by the arresting law enforcement
32 agency, the district attorney's office, or the Louisiana Bureau of Criminal Identification and Information,
33 that an order be issued herein ordering the expungement of the record of arrest and/or conviction set forth
34 above, including all photographs, fingerprints, disposition, or any other such information, which record
35 shall be confidential and no longer considered a public record, nor be made available to other persons,
36 except a prosecutor, member of a law enforcement agency, or a judge who may request such information
37 in writing, certifying that such request is for the purpose of prosecuting, investigating, or enforcing the
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SLS 20RS-475 ORIGINAL
1 criminal law, for the purpose of any other statutorily defined law enforcement or administrative duties,
2 or for the purpose of the requirements of sex offender registration and notification pursuant to the
3 provisions of R.S. 15:541 et seq. or as an order of this Court to any other person for good cause shown,
4 or as otherwise authorized by law.
5 If an "Affidavit of No Opposition" by each agency named herein is attached hereto and made
6 a part hereof, Defendant requests that no contradictory hearing be required and the Motion be granted ex
7 parte.
8 Respectfully submitted,
9
10 ____________________________________
11 Signature of Attorney for Mover/Defendant
12
13 ____________________________________
14 Attorney for Mover/Defendant Name
15
16 ____________________________________
17 Attorney's Bar Roll No.
18
19 ____________________________________
20 Address
21
22 ____________________________________
23 City, State, ZIP Code
24
25 ____________________________________
26 Telephone Number
27
28 If not represented by counsel:
29
30 ____________________________________
31 Signature of Mover/Defendant
32
33 ____________________________________
34 Mover/Defendant Name
35
36 ____________________________________
37 Address
38
39 ____________________________________
40 City, State, ZIP Code
41
42 ____________________________________
43 Telephone Number"
44
45 * * *
46 Art. 992. Order of expungement form to be used
47 STATE OF LOUISIANA
48 JUDICIAL DISTRICT FOR THE PARISH OF
49 ______________________________
50 No.: ____________ Division: "_______"
51 State of Louisiana
52 vs.
53 _______________________________________________________
54 ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD
55 Considering the Motion for Expungement
56 G The hearing conducted and evidence adduced herein, OR
57 G Affidavits of No Opposition filed,
58 IT IS ORDERED, ADJUDGED AND DECREED
G THE MOTION IS DENIED for No(s). ___, , , , 59 ________ for the following reasons (check all
60 that apply):
61 G More than five two years have not elapsed since Mover completed the misdemeanor
62 conviction sentence.
63 G More than ten two years have not elapsed since Mover completed the felony
64 conviction sentence.
65 G Mover was convicted of one of the following ineligible felony offenses:
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SLS 20RS-475 ORIGINAL
1 G A violation of the Uniform Controlled Dangerous Substances Law which is ineligible
2 to be expunged.
3 G An offense currently listed as a sex offense that requires registration pursuant to R.S.
4 15:540 et seq., at the time the Motion was filed, regardless of whether the duty to
5 register was ever imposed.
6 G An offense defined or enumerated as a "crime of violence" pursuant to R.S. 14:2(B)
7 at the time the Motion was filed.
8 G The arrest and conviction being sought to have expunged is for operating a motor
9 vehicle while intoxicated and a copy of the proof from the Department of Public Safety
10 and Corrections, office of motor vehicles, is not attached as required by C.Cr.P. Art.
11 984(A).
12 G Mover has had another record of misdemeanor conviction expunged during the
13 previous five-year period.
14 G The record of arrest and conviction which Mover seeks to have expunged is for
15 operating a motor vehicle while intoxicated and Mover has had another record of arrest
16 and misdemeanor conviction expunged during the previous ten-year period.
17 G Mover has had another record of felony conviction expunged during the previous
18 fifteen-year period.
19 G Mover was convicted of a misdemeanor which arose from circumstances involving a
20 sex offense as defined in R.S. 15:541.
21 G Mover was convicted of misdemeanor offense of domestic abuse battery which was
22 not dismissed pursuant to C.Cr.P. Art. 894(B).
23 G Mover did not complete pretrial diversion.
24 G The charges against the mover were not dismissed or refused.
25 G Mover's felony conviction was not set aside and dismissed pursuant to C.Cr.P. Art.
26 893(E).
27 G Mover's felony conviction was not set aside and dismissed pursuant to C.Cr.P. Art.
28 894(B).
29 G Mover completed a DWI pretrial diversion program, but five years have not elapsed
30 since the mover's date of arrest.
31 G Mover's conviction for felony carnal knowledge of a juvenile is not defined as
32 misdemeanor carnal knowledge of a juvenile had the mover been convicted on or after
33 August 15, 2001.
34 G Mover has not been employed for ten five consecutive years as required by C.Cr.P.
35 Art. 978(E)(1)(d).
36 G Mover was not convicted of a crime that would be eligible for expungement as
37 required by C.Cr.P. Art. 978(E)(1).
38 G Mover has criminal charges pending against him.
39 G Mover was convicted of a criminal offense during the ten-year five-year period.
40 G Denial for any other reason provided by law with attached reasons for denial.
41 G THE MOTION IS HEREBY GRANTED for No(s). ____________ and all agencies
42 are ordered to expunge the record of arrest/conviction and any photographs, fingerprints, or any
43 other such information of any kind maintained in connection with the Arrest(s)/Conviction(s)
44 in the above-captioned matter, which record shall be confidential and no longer considered a
45 public record, nor be available to other persons except a prosecutor, member of a law
46 enforcement agency, or a judge who may request such information in writing certifying that such
47 request is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
48 purpose of any other statutorily defined law enforcement or administrative duties, or for the
49 purpose of the requirements of sex offender registration and notification pursuant to the
50 provisions of R.S. 15:541 et seq. or upon an order of this Court to any other person for good
51 cause shown, or as otherwise authorized by law.
52 G THE MOTION IS HEREBY GRANTED FOR EXPUNGEMENT BY
53 REDACTION If the record includes more than one individual and the mover is entitled to expungement
54 by redaction pursuant to Code of Criminal Procedure Article 985, for No(s). ____________ and all
55 agencies are ordered to expunge the record of arrest/conviction and any photographs, fingerprints, or any
56 other such information of any kind maintained in relation to the Arrest(s)/Conviction(s) in the above-
57 captioned matter as they relate to the mover only. The record shall be confidential and no longer
58 considered a public record, nor be available to other persons except a prosecutor, member of a law
59 enforcement agency, or a judge who may request such information in writing certifying that such request
60 is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose of any other
61 statutorily defined law enforcement or administrative duties, or for the purpose of the requirements of sex
62 offender registration and notification pursuant to the provisions of R.S. 15:541 et seq. or upon an order
63 of this Court to any other person for good cause shown, or as otherwise authorized by law.
64 NAME: _______________________________________________________
65 (Last, First, MI)
66
67 DOB:______/_____/______ (MM/DD/YY)
68
69 GENDER: _____ Female _____Male
70
71 SSN (last 4 digits): XXX-XX-_________
72
73 RACE: _________________
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SLS 20RS-475 ORIGINAL
1 DRIVER LIC.# _________________
2
3 ARRESTING AGENCY: ______________________________________
4
5 SID# (if available): _________________
6
7 ARREST NUMBER (ATN): _________________
8
9 AGENCY ITEM NUMBER: _________________
10
11 ARREST DATE: ______/_____/______ (MM/DD/YY)
12
13
14 THUS ORDERED AND SIGNED this _____ day of _______________, 20____
15
16 at ________________________, Louisiana.
17
18
19 ___________________________________
20 JUDGE
21
22 PLEASE SERVE:
23
24 1. District Attorney: ______________________________________________
25
26 2. Arresting Agency: _____________________________________________
27
28 3. Parish Sheriff:________________________________________________
29
30 4. Louisiana Bureau of Criminal Identification and Information___________
31
32 5. Attorney for Defendant (or defendant)_____________________________
33
34 6. Clerk of Court ____________________________
35
36 Art.993. Supplemental forms to be used
37 SUPPLEMENTAL SHEET
38 ____ Yes ____ No ARRESTS THAT DID NOT RESULT IN CONVICTION
39 NO. ___ La. Rev. Stat. Ann. § _______ : ________
40 Name of the offense _________________
41 ( ) Time expired for prosecution _____/____/_______
42 (MM/DD/YYYY)
43
44 ( ) Charge refused by DA - not prosecuted.
45 ( ) Pre-trial Diversion Program.
46 ( ) Charge dismissed
47 ( ) Found not guilty/judgment of acquittal
48 NO. ___ La. Rev. Stat. Ann. § _______ : ________
49 Name of the offense _________________
50 ( ) Time expired for prosecution _____/____/_______
51 (MM/DD/YYYY)
52
53 ( ) Charge refused by DA - not prosecuted.
54 ( ) Pre-trial Diversion Program.
55 ( ) Charge dismissed
56 ( ) Found not guilty/judgment of acquittal
57 NO. ___ La. Rev. Stat. Ann. § _______ : ________
58 Name of the offense _________________
59 ( ) Time expired for prosecution _____/____/_______
60 (MM/DD/YYYY)
61
62 ( ) Charge refused by DA - not prosecuted.
63 ( ) Pre-trial Diversion Program.
64 ( ) Charge dismissed
65 ( ) Found not guilty/judgment of acquittal
66 NO. ___ La. Rev. Stat. Ann. § _______ : ________
67 Name of the offense _________________
68 ( ) Time expired for prosecution _____/____/_______
69 (MM/DD/YYYY)
70
71 ( ) Charge refused by DA - not prosecuted.
72 ( ) Pre-trial Diversion Program.
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1 ( ) Charge dismissed
2 ( ) Found not guilty/judgment of acquittal
3 NO. ___ La. Rev. Stat. Ann. § _______ : ________
4 Name of the offense _________________
5 ( ) Time expired for prosecution _____/____/_______
6 (MM/DD/YYYY)
7
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
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 ____ No MISDEMEANOR 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
29 ( ) More than 5 2 years have passed
30 since completion of sentence.
31 NO. ___ La. Rev. Stat. Ann. § _______ : ________
32 Name of the offense _________________
33 ( ) Conviction set aside/dismissed _____/____/_______
34 (MM/DD/YYYY)
35 pursuant to C.Cr.P. Art. 894(B)
36 ( ) More than 5 2 years have passed
37 since completion of sentence.
38 NO. ___ La. Rev. Stat. Ann. § _______ : ________
39 Name of the offense _________________
40 ( ) Conviction set aside/dismissed _____/____/_______
41 (MM/DD/YYYY)
42 pursuant to C.Cr.P. Art. 894(B)
43 ( ) More than 5 2 years have passed
44 since completion of sentence.
45 NO. ___ La. Rev. Stat. Ann. § _______ : ________
46 Name of the offense _________________
47 ( ) Conviction set aside/dismissed _____/____/_______
48 (MM/DD/YYYY)
49 pursuant to C.Cr.P. Art. 894(B)
50
51 ( ) More than 5 2 years have passed
52 since completion of sentence.
53 NO. ___ La. Rev. Stat. Ann. § _______ : ________
54 Name of the offense _________________
55 ( ) Conviction set aside/dismissed _____/____/_______
56 (MM/DD/YYYY)
57 pursuant to C.Cr.P. Art. 894(B)
58 ( ) More than 5 2 years have passed
59 since completion of sentence.
60 NO. ___ La. Rev. Stat. Ann. § _______ : ________
61 Name of the offense _________________
62 ( ) Conviction set aside/dismissed _____/____/_______
63 (MM/DD/YYYY)
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1 pursuant to C.Cr.P. Art. 894(B)
2 ( ) More than 5 2 years have passed
3 since completion of sentence.
4 NO. ___ La. Rev. Stat. Ann. § _______ : ________
5 Name of the offense _________________
6 ( ) Conviction set aside/dismissed _____/____/_______
7 (MM/DD/YYYY)
8 pursuant to C.Cr.P. Art. 894(B)
9 ( ) More than 5 2 years have passed
10 since completion of sentence.
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. 894(B)
16 ( ) More than 5 2 years have passed
17 since completion of sentence.
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 2 years have passed
24 since completion of sentence.
25 SUPPLEMENTAL SHEET
26 ____ Yes ____ No FELONY CONVICTIONS
27 NO. ___ La. Rev. Stat. Ann. § _______ : ________
28 Name of the offense _________________
29 ( ) Conviction set aside/dismissed _____/____/_______
30 (MM/DD/YYYY)
31 pursuant to C.Cr.P. Art. 893(E)
32
33 ( ) More than 10 5 years have passed
34 since completion of sentence
35 NO. ___ La. Rev. Stat. Ann. § _______ : ________
36 Name of the offense _________________
37 ( ) Conviction set aside/dismissed _____/____/_______
38 (MM/DD/YYYY)
39 pursuant to C.Cr.P. Art. 893(E)
40
41 ( ) More than 10 5 years have passed
42 since completion of sentence
43 NO. ___ La. Rev. Stat. Ann. § _______ : ________
44 Name of the offense _________________
45 ( ) Conviction set aside/dismissed _____/____/_______
46 (MM/DD/YYYY)
47 pursuant to C.Cr.P. Art. 893(E)
48
49 ( ) More than 10 5 years have passed
50 since completion of sentence
51 NO. ___ La. Rev. Stat. Ann. § _______ : ________
52 Name of the offense _________________
53
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SLS 20RS-475 ORIGINAL
1 ( ) Conviction set aside/dismissed _____/____/_______
2 (MM/DD/YYYY)
3 pursuant to C.Cr.P. Art. 893(E)
4
5 ( ) More than 10 5 years have passed
6
7 since completion of sentence
8
9 NO. ___ La. Rev. Stat. Ann. § _______ : ________
10
11 Name of the offense _________________
12
13 ( ) Conviction set aside/dismissed _____/____/_______
14 (MM/DD/YYYY)
15 pursuant to C.Cr.P. Art. 893(E)
16
17 ( ) More than 10 5 years have passed
18
19 since completion of sentence
20
21 NO. ___ La. Rev. Stat. Ann. § _______ : ________
22
23 Name of the offense _________________
24
25 ( ) Conviction set aside/dismissed _____/____/_______
26 (MM/DD/YYYY)
27 pursuant to C.Cr.P. Art. 893(E)
28
29 ( ) More than 10 5 years have passed
30
31 since completion of sentence
32
33 NO. ___ La. Rev. Stat. Ann. § _______ : ________
34
35 Name of the offense _________________
36
37 ( ) Conviction set aside/dismissed _____/____/_______
38 (MM/DD/YYYY)
39 pursuant to C.Cr.P. Art. 893(E)
40
41 ( ) More than 10 5 years have passed
42
43 since completion of sentence
44
45 NO. ___ La. Rev. Stat. Ann. § _______ : ________
46
47 Name of the offense _________________
48
49 ( ) Conviction set aside/dismissed _____/____/_______
50 (MM/DD/YYYY)
51 pursuant to C.Cr.P. Art. 893(E)
52
53 ( ) More than 10 5 years have passed
54
55 since completion of sentence
56
57
58 NO. ___ La. Rev. Stat. Ann. § _______ : ________
59
60 Name of the offense _________________
61
62 ( ) Conviction set aside/dismissed _____/____/_______
63 (MM/DD/YYYY)
64 pursuant to C.Cr.P. Art. 893(E)
65
66 ( ) More than 10 5 years have passed
67
68 since completion of sentence
69
70 Section 2. Code of Criminal Procedure Article 977(D) and 978(E) are hereby
71 repealed in their entirety.
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Coding: Words which are struck through are deletions from existing law;
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SLS 20RS-475 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 220 Original 2020 Regular Session Barrow
Present law provides that a person may file a motion to expunge his record of arrest and
conviction of a misdemeanor offense if 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 further provides that a motion filed pursuant
to present law for an expungement must include a certification obtained from the district
attorney that verifies that the applicant has no felony convictions during the five-year period
and no pending felony charges under a bill of information or indictment.
Proposed law changes the cleansing period for a misdemeanor expungement from five years
to two years and otherwise retains present law.
Present law provides that a person is not entitled to expungement of a record relative to any
of the following misdemeanor offenses:
(1) A misdemeanor conviction that arose from circumstances involving or that is the
result of an arrest for a sex offense as defined in present law, except that an interim
expungement is available as authorized by present law.
(2) A misdemeanor conviction for domestic abuse battery.
(3) A misdemeanor conviction for stalking.
Proposed law makes these present law misdemeanors eligible for expungement after 15
years have elapsed since the person completed any sentence, deferred adjudication, or period
of probation or parole based on the conviction, and the person has not been convicted of any
other criminal offense during the 15-year period, and has no criminal charges pending
against him, provided that the motion filed pursuant to proposed law must include a
certification obtained from the district attorney which verifies that the applicant has no
convictions during the 15-year period and no pending charges under a bill of information or
indictment.
Present law provides that expungement of a record of arrest and conviction of a
misdemeanor offense can occur only once with respect to any person during a five-year
period. Present law further provides that expungement of a record of arrest and conviction
of a misdemeanor offense of operating a vehicle while intoxicated can occur only once with
respect to any person during a 10-year period.
Proposed law deletes present law.
Present law provides that a person may file a motion to expunge his record of arrest and
conviction of a felony offense if 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. Present law further
provides that the motion filed pursuant to present law must include a certification obtained
from the district attorney which verifies that the applicant has no convictions during the 10-
year period and no pending charges under a bill of information or indictment.
Proposed law changes the cleansing period for a felony expungement from 10 years to five
years and otherwise retains present law.
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Coding: Words which are struck through are deletions from existing law;
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SLS 20RS-475 ORIGINAL
Present law provides that a person is not entitled to expungement of a record relative to any
of the following felony offenses:
(1) A crime of violence as defined by present law.
(2)A sex offense or a criminal offense against a victim who is a minor as each term is
defined by present law, or any offense that occurred prior to 6/18/92 that would be
defined as a sex offense or a criminal offense against a victim who is a minor had it
occurred on or after 6/18/92. However, any person who was convicted of carnal
knowledge of a juvenile prior to 8/15/01, is eligible for an expungement if the
offense for which the offender was convicted would be defined as misdemeanor
carnal knowledge of a juvenile had the offender been convicted on or after 8/15/01,
and the burden is on the mover to establish that the elements of the offense of
conviction are equivalent to the current definition of misdemeanor carnal knowledge
of a juvenile as defined by present law. Present law provides that the order waiving
the sex offender registration and notification requirements issued pursuant to present
law is sufficient to meet this burden.
(3) A violation of the Uniform Controlled Dangerous Substances Law, except for any
of the following
(a) A conviction for possession of certain controlled dangerous substances.
(b) A conviction for possession of a controlled dangerous substance with the
intent to distribute.
(c) A conviction for a violation of the Uniform Controlled Dangerous
Substances Law which is punishable by a term of imprisonment of not more
than five years.
(d) A conviction for a violation of the Uniform Controlled Dangerous
Substances Law which may be expunged pursuant to present law under
certain circumstances.
(e)A conviction for a violation of the Uniform Controlled Dangerous
Substances Law for which the person is entitled to a first offender pardon
pursuant to present constitution.
(4) Domestic abuse battery.
Proposed law makes these present law felonies eligible for expungement after 15 years have
elapsed since the person completed any sentence, deferred adjudication, or period of
probation or parole based on the conviction, and the person has not been convicted of any
other criminal offense during the 15-year period, and has no criminal charges pending
against him, provided that the motion filed pursuant to proposed law must include a
certification obtained from the district attorney which verifies that the applicant has no
convictions during the 15-year period and no pending charges under a bill of information or
indictment. Proposed law otherwise retains present law.
Present law provides that expungement of a record of arrest and conviction of a felony
offense can occur only once with respect to any person during a 15-year period.
Proposed law deletes present law.
Present law provides that after a contradictory hearing, the court may order the expungement
of the arrest and conviction records of a person pertaining to a conviction 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
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Coding: Words which are struck through are deletions from existing law;
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SLS 20RS-475 ORIGINAL
following conditions are proven by the petitioner:
(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.
(3)The person has no criminal charge pending against him.
(4)The person has been employed for a period of 10 consecutive years.
Present law further provides that a motion filed pursuant present law must include a
certification from the district attorney which verifies that the applicant has no convictions
during the 10-year period and no pending charges under a bill of information or indictment,
and that the motion is to be heard by contradictory hearing.
Proposed law changes the cleansing period for the enumerated offenses and the required
period of employment from 10 years to five years. Proposed law otherwise retains present
law.
Present law provides that an applicant for the expungement of a record is not required to pay
any fee to the clerk of court, the La. Bureau of Criminal Identification and Information,
sheriff, the district attorney, or any other agency to obtain or execute an order of a court of
competent jurisdiction to expunge the arrest from the individual's arrest record if a
certification obtained from the district attorney is presented to the clerk of court which
verifies that the applicant has no felony convictions and no pending felony charges under a
bill of information or indictment and at least one of the following applies:
(1) The applicant was acquitted, after trial, of all charges derived from the arrest,
including any lesser and included offense.
(2) The district attorney consents, and the case against the applicant was dismissed or
the district attorney declined to prosecute the case prior to the time limitations
prescribed in present law, and the applicant did not participate in a pretrial diversion
program.
(3) The applicant was arrested and was not prosecuted within the time limitations
prescribed in present law and did not participate in a pretrial diversion program.
(4) The applicant was determined to be factually innocent and entitled to compensation
for a wrongful conviction pursuant to present law.
(5) Concerning the arrest record which the applicant seeks to expunge, the applicant was
determined by the district attorney to be a victim of unauthorized use of "access
card," identity theft, access device fraud, or a violation of any other crime involving
the unlawful use of the identity or personal information of the applicant.
Proposed law retains present law and adds the following to the list of exemptions from
expungement fees:
(1) The applicant has been granted a pardon by the governor or is entitled to a first
offender pardon pursuant to present constitution.
Present law provides forms for the motion for expungement and the order of expungement.
Proposed law makes changes to these forms to reflect changes to expungement provided for
by proposed law. Proposed law otherwise retains present law.
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SLS 20RS-475 ORIGINAL
Effective August 1, 2020.
(Amends C.Cr.P. Art. 977(A)(2) and (C), 978(A)(2) and (3), (B)(intro para), (B)(4), and (D),
989, 992, and 993; adds C.Cr.P. Art. 983(F)(6); repeals C.Cr.P. Art. 977(D) and 978(E))
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words in boldface type and underscored are additions.