Louisiana 2022 2022 Regular Session

Louisiana House Bill HB707 Comm Sub / Analysis

                    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.
4. Require the La. Supreme Court Case Management and Information System and the
bureau to identify records as expunged by automation.