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 Re-Reengrossed 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. Requires the clerks to verify and identify
such records as expunged by automation. Further provides that if a clerk is unable to verify and
identify any record identified for automatic expungement pursuant to proposed law, the clerk must
notify the La. Supreme Court Case Management Information System within 30 days of receipt of the
original notice pursuant to proposed law. Further requires the Supreme Court to notify the La.
Bureau of Criminal Identification and Information that the record has not been 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 district attorney of the parish of the person's conviction,
the sheriff of the parish of the person's conviction, and the arresting agency. Requires the district
attorney, sheriff, and arresting agency to acknowledge that such records have been expunged by
automation pursuant to present law (C.Cr.P. Art. 973). Further 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 Information System, which shall mark the records as expunged
and notify the bureau by U.S. mail or electronically of all such expunged records. Requires the
bureau to mark such records as expunged by automation.
Provides that proposed law shall not be construed to require the arresting agency, booking agency,
or the district attorney to manually segregate or sequester upon acknowledging or identifying such records.
Proposed law authorizes the office of state police 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. Further urges and requests the supreme court to adopt rules to carry out the provisions
of proposed law.
Present law (C.Cr.P. Art. 973(E)) provides that present law shall not be construed to limit or impair
in any way the subsequent use of any expunged record of any arrests or convictions by a law
enforcement agency, criminal justice agency, or prosecutor including its use as a predicate offense,
for the purpose of the Habitual Offender Law, or as otherwise authorized by law.
Proposed law amends present law to include that the effect of an expunged record shall not be
construed to limit or impair the subsequent use of any expunged record of any arrests or convictions
by a judge, magistrate, or commissioner for the purpose of setting bail or sentencing.
Require the legislature, no later than June 30, 2024, to appropriate funding necessary for the
implementation of proposed law to the La. Commission on Law Enforcement for distribution to each
sheriff in the state in proportion to the number of automatic expungements submitted to the sheriff
by the clerks of court pursuant to proposed law.
Effective if an Act or Acts that originated in the 2022 R.S. of the Legislature make specific
appropriations to the office of state police, the La. Supreme Court, and the La. Clerks' Remote
Access Authority for the implementation of proposed law. If such appropriations are contained in
a single Act, proposed law becomes effective when the Act that made the appropriations becomes
effective. If such appropriations are made in different Acts, proposed law becomes effective when
the Act having the later effective date becomes effective.
(Amends C.Cr.P. Art. 973(E); 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.
The Committee Amendments Proposed by House Committee on Appropriations to the engrossed
bill:
1. Add provision requiring a clerk to take certain action when unable to verify and identify
a record identified for automatic expungement.
2. Remove requirement that the district attorney identify records as expunged by
automation.
3. Add requirement that the district attorney acknowledge records as expunged by
automation.
4. Make technical changes.
5. Add provision urging and requesting the La. Supreme Court to adopt rules to carry out
the provisions of proposed law.
6. Add provision making proposed law effective if and when an Act or Acts originating in
the 2022 Regular Session of the legislature making specific appropriations to the office
of state police and the La. Supreme Court for the implementation of proposed law
becomes effective.
The House Floor Amendments to the reengrossed bill:
1. Require the legislature to appropriate funding necessary for the implementation of
proposed law to the La. Commission on Law Enforcement for distribution to each sheriff
in the state in proportion to the number of automatic expungements submitted to the
sheriff by the clerks of court.
2. Provide that proposed law becomes effective if an Act or Acts of the Legislature
originating in the 2022 R.S. contains an appropriation for the La. Clerks' Remote Access
Authority.
3. Remove proposed law which required the sheriff and arresting agency to identify the
records as expunged by automation.
4. Require the district attorney, sheriff, and arresting agency to acknowledge certain records
as expunged by automation. 5. Amend present law (C.Cr.P. Art. 973(E)) to provide that the effect of an expunged record
of arrest or conviction shall not limit or impair the subsequent use of any expunged
record of any arrests or convictions by a judge, magistrate, or commissioner for the
purpose of setting bail or sentencing.
6. Provide that proposed law does not require the arresting agency, booking agency, or the
district attorney to manually segregate or sequester upon acknowledging or identifying
certain records.