HLS 22RS-694 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 707
BY REPRESENTATIVE DUPLESSIS
CRIMINAL/RECORDS: Provides relative to the expungement of criminal records
1 AN ACT
2To enact Code of Criminal Procedure Article 985.2, relative to expungement of records; to
3 provide relative to automated expungement of certain criminal records; to require the
4 Louisiana Bureau of Criminal Identification and Information to send certain records
5 to the Louisiana Supreme Court Case Management Information System; to provide
6 relative to duties of the clerks of district courts; to authorize the adoption of rules and
7 regulations by state police and the supreme court; to provide that no person shall
8 have a cause of action resulting from the omission of their records for automated
9 expungement; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. Code of Criminal Procedure Article 985.2 is hereby enacted to read as
12follows:
13 Art. 985.2. Automated expungement of qualifying records
14 A. The Louisiana Bureau of Criminal Identification and Information shall
15 identify within its criminal repository database all records with final dispositions for
16 individuals eligible for an expungement pursuant to the provisions of Articles 976,
17 977, and 978.
18 B. Beginning August 1, 2024, and every thirty days thereafter, the Louisiana
19 Bureau of Criminal Identification and Information shall send the records with final
20 dispositions for individuals eligible for an expungement pursuant to the provisions
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HB NO. 707
1 of Articles 976, 977, and 978 to the Louisiana Supreme Court Case Management
2 Information System.
3 C. Within thirty days of receipt of records from the Louisiana Bureau of
4 Criminal Identification and Information, the Louisiana Supreme Court Case
5 Management Information System shall send notice by United States mail or
6 electronically of all records identified pursuant to Paragraph A of this Article to be
7 expunged by automation to the clerks of the district courts of Louisiana. The clerks
8 of the district courts of Louisiana shall verify and identify such records as expunged
9 by automation.
10 D. The clerks of the district courts of Louisiana shall send notice by United
11 States mail or electronically of all records expunged by automation to the Louisiana
12 Supreme Court Case Management Information System, the Louisiana Bureau of
13 Criminal Identification and Information, the district attorney of the parish of the
14 person's conviction, the sheriff of the parish of the person's conviction, and the
15 arresting agency. The Louisiana Supreme Court Case Management Information
16 System, the Louisiana Bureau of Criminal Identification and Information, the district
17 attorney, the sheriff, and the arresting agency shall identify such records as expunged
18 by automation.
19 E. The Louisiana State Police and the Louisiana Supreme Court are hereby
20 authorized to adopt and promulgate rules and regulations in accordance with the
21 Administrative Procedure Act to carry out the provisions of this Article for criminal
22 records in districts courts of Louisiana which date back to January 1, 2000.
23 F. Nothing in this Article shall prevent an otherwise eligible individual from
24 obtaining an expungement pursuant to any provision in this Title. An individual
25 eligible for an automated expungement under this Article shall not have a cause of
26 action for any damages resulting from the omission of their records in the process
27 provided by this Article.
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HB NO. 707
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 707 Engrossed 2022 Regular Session Duplessis
Abstract: Provides for automated expungement of certain qualifying criminal records.
Present law provides for the expungement of records of arrest and misdemeanor and felony
convictions in certain circumstances.
Proposed law provides for automated expungement of qualifying records. Requires the La.
Bureau of Criminal Identification and Information (bureau) to identify within its criminal
repository database all records with final dispositions for individuals eligible for an
expungement pursuant to the provisions of present law (C.Cr.P. Arts. 976, 977, and 978).
Proposed law provides that on Aug. 1, 2024, and every 30 days thereafter, the bureau shall
send the records with final dispositions for individuals eligible for an expungement pursuant
to present law to the La. Supreme Court Case Management Information System.
Proposed law requires the La. Supreme Court Case Management Information System, within
30 days of receipt of records from the bureau, to send notice by U.S. mail or electronically
of all records expunged by automation to the clerks of the district courts. The clerks shall
verify and identify such records as expunged by automation.
Proposed law requires the clerks of the district courts to send notice by U.S. mail or
electronically of all records expunged by automation to the La. Supreme Court Case
Management and Information System, the bureau, the district attorney of the parish of the
person's conviction, the sheriff of the parish of the person's conviction, and the arresting
agency. The Louisiana Supreme Court Case Management and Information System, the
bureau, the district attorney, the sheriff, and the arresting agency shall identify such records
as expunged by automation.
Proposed law authorizes state police and the supreme court to adopt and promulgate rules
and regulations to carry out the provisions of proposed law for criminal records in district
courts which date back to Jan. 1, 2000.
(Adds C.Cr.P. Art. 985.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Require the La. Supreme Court Case Management Information System to send
notice by U.S. mail or electronically of all records identified pursuant to
proposed law to be expunged to the clerks of the district courts.
2. Remove the requirement for the bureau to identify records as expunged by
automation and require the clerks of the district courts to verify and identify such
records.
3. Require the clerks of the district courts to also send notice by U.S. mail or
electronically of all records expunged by automation to the La. Supreme Court
Case Management and Information System and the bureau.
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HB NO. 707
4. Require the La. Supreme Court Case Management and Information System and
the bureau to identify records as expunged by automation.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.