GREEN SHEET REDIGEST
HB 604 2021 Regular Session James
CRIMINAL/RECORDS: Provides relative to expungement of records
DIGEST
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, including the following
significant changes:
(1)Provides definitions of the following terms: "arrest date"; "Case Management
Information System"; "certificate of compliance"; "criminal repository"; "fingerprint-
based record of arrest"; "government-initiated expungement"; "non-fingerprint-based
record of arrest"; "petition-based expungement"; "sentence date"; and "sentence
duration."
(2)Provides for a petition-based expungement of a 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 with a petition-based expungement of a
record, and provides that a person cannot be charged any costs for a government-
initiated expungement of records.
(6)Amends certain present law forms to conform with proposed law.
(7)Provides relative to the process for a government-initiated expungement of a
fingerprint-based record of arrest that did not result in a conviction.
(8)Provides relative to the process for a government-initiated expungement of a
fingerprint-based record of arrest and conviction of misdemeanor and felony
offenses.
(9)Provides for a certificate of compliance confirming a government-initiated
expungement of a fingerprint-based record.
(10)Provides relative to the transmission of data to complete and serve a government-
initiated fingerprint-based and non-fingerprint-based expungement.
(11)Provides immunity for the office of state police, La. Supreme Court, and clerks of
court if records are not expunged pursuant to proposed law when necessary data did
not exist in the criminal repository, CMIS, or 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
law and proposed law if the expungement order 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 relative to implementation dates of proposed law.
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Prepared by Alden A. Clement, Jr. Proposed law provides for effective dates for certain provisions of proposed law.
(Amends C.Cr.P. Arts. 971(7), 973(A)(1), (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, 977.1, 977.2, 978.1, 981.1, 981.2, 982.1, and 983(J) and (K);
repeals C.Cr.P. Arts. 978(B)(2)(b) and (E)(2), 983(A) through (I), 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.
The House Floor Amendments to the reengrossed bill:
1. Make technical changes.
2. Specify the available causes of action.
3. Specify that nothing in proposed law shall be construed to create a cause of action
against the office of state police or the La. Supreme Court.
4. Specify that requesting a clerk of court to provide necessary information is the
only remedy available to a person seeking expungement.
5. Reinstate present law relative to an applicant's ability to proceed in forma
pauperis.
6. Provide for special effective dates.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the re-
reengrossed bill
1. Change proposed law references from "fingerprinted" to "fingerprint-based"
records.
2. Change proposed law references from "non-fingerprinted" to "non-fingerprint-
based" records.
3. Add provision that there is no cause of action against state police when an
eligible government-initiated expungement does not process.
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Prepared by Alden A. Clement, Jr. 4. Delete provisions of proposed law relative to filing a motion for expungement
when the criminal repository or CMIS did not complete a government-initiated
expungement under certain circumstances.
5. Delete provisions of proposed law relative to transmission of certain
expungement data by the La. Bureau of Criminal Identification and Information.
6. Add provision relative to the promulgation of rules necessary for the
implementation of proposed law.
7. Delete requirement that state police transmit data to certain entities that a
government-initiated expungement has completed.
8. Delete requirement that La. Supreme Court transmit data regarding the
completion of a government-initiated expungement to state police.
9. Add provisions relative to implementation dates of proposed law.
10.Make technical changes.
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Prepared by Alden A. Clement, Jr.