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 162 Engrossed 2022 Regular Session Marino
Abstract: Exempts the payment of expungement fees for persons determined to be factually
innocent and for persons granted a pardon.
Present law provides for the expungement of certain arrest and conviction records under certain
circumstances.
Present law provides that an applicant for an expungement does not have to pay any fees for the
expungement if the applicant obtains a certification from the district attorney 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 provided 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 provided for
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.
(5)The applicant was determined to be a victim of unauthorized use of an "access card", identity
theft, access device fraud, or a violation of any other crime which involves the unlawful use
of the identity or personal information of the applicant.
Proposed law removes the requirement that a person determined to be factually innocent and entitled
to compensation for a wrongful conviction obtain a certification from the district attorney and
provides that such persons shall be exempt from the payment of processing fees.
Proposed law provides that a person who has been granted a pardon shall be exempt from the
payment of processing fees. Excludes persons granted a first offender pardon pursuant to present
law from the exemption of the payment of processing fees. (Amends C.Cr.P. Art. 983(H) and (I); Adds C.Cr.P. Art. 983(J) and (K); Repeals C.Cr.P. Art.
983(F)(4))