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 604 Reengrossed 2021 Regular Session James
Abstract: Provides for a comprehensive revision of expungement laws, including petition-based
and government-initiated criminal record-clearing.
Present law provides for the expungement of records of arrest and misdemeanor and felony
convictions in certain circumstances.
Proposed law provides for a comprehensive revision to present law provisions including the
following major changes:
(1)Provides for definitions for the following terms: arrest date, Case Management Information
System, certificate of compliance, criminal repository, fingerprinted record of arrest,
government-initiated expungement, non-fingerprinted record of arrest, petition-based
expungement, sentence date, and sentence duration.
(2)Provides for a petition-based expungement of record of arrest that did not result in
conviction.
(3)Provides for a petition-based expungement of a record of arrest and conviction of a
misdemeanor offense.
(4)Provides for a petition-based expungement of a record of arrest and conviction of a felony
offense.
(5)Provides relative to the costs associated for a petition-based expungement of a record, and
provides that a person shall not be charged any costs for a government-initiated expungement
of records.
(6)Amends certain present law forms to conform with proposed law changes.
(7)Provides relative to the process for a government-initiated expungement of a fingerprinted
record of arrest that did not result in a conviction.
(8)Provides relative to the process for a government-initiated expungement of a fingerprinted
record of arrest and conviction of misdemeanor and felony offenses.
(9)Provides for a certificate of compliance confirming a government-initiated expungement of a fingerprinted record.
(10)Provides relative to the transmission of data to complete and serve a government-initiated
fingerprinted and non-fingerprinted expungement.
(11)Provides immunity for clerks of court if records are not expunged pursuant to proposed law
when necessary data did not exist in the records of the clerk in order to execute the
expungement.
(12)Provides immunity for clerks of court if records are not expunged pursuant to present and
proposed law if the expungement order or transmittal of data pursuant to proposed law does
not specifically identify all locations of records to be expunged or if necessary data did not
exist in the clerk's records.
Proposed law provides for certain effective dates of proposed law.
(Amends C.Cr.P. Arts. 971(7), 973(D) and (E), 974(B) and (C), 976, 977(A)(intro. para.) and (2),
(B), and (C)(intro. para.) and (1), 978(A)(intro. para.) and (2), (B)(intro. para.), (C), and (E)(1),
979(section heading), 980(section heading), 981, 982(section heading), 983(I), 985, 985.1(C),
986(A), 987, and 992; Adds C.Cr.P. Arts. 971(8), 972(5) through (14), 976.1, 976.2, 977(A)(3),
977.1, 977.2, 978.1, 981.1, 981.2, 982.1, and 983(J); Repeals C.Cr.P. Arts. 978(E)(2), 984, and 996) Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Change provisions regarding fingerprinted and non-fingerprinted arrest records for felony
or misdemeanor offenses.
2. Remove provisions of proposed law regarding the transmission of data confirming
government-initiated expungements.
The Committee Amendments Proposed by House Committee on Appropriations to the engrossed
bill:
1. Add provision granting immunity to clerks of court for records not expunged pursuant
to proposed law when necessary data did not exist in the records of the clerk of court.
Further provide remedies for a person seeking expungement in such circumstances.