GREEN SHEET REDIGEST
HB 707 2022 Regular Session Duplessis
CRIMINAL/RECORDS: Provides relative to the expungement of criminal records
DIGEST
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.
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Prepared by Sherry Phillips-Hymel. Proposed law provides for offsets against an individual's tax refund with a ranking and
priority of claims to offset cost of expungements.
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.
Proposed law requires the Supreme Court, working with the Office of State Police, to
recommend a fee schedule applicable to those receiving expungement to fund the program
for Fiscal Year 2024 and beyond.
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; and R.S. 47:299.11(11))
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.
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Prepared by Sherry Phillips-Hymel. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the re-
reengrossed bill
1. Provide for offsets against an individual's tax refund with a ranking and priority
of claims.
2. Require the Supreme Court, working with the Office of State Police, to
recommend a fee schedule applicable to those receiving expungement to fund the
program for Fiscal Year 2024 and beyond.
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Prepared by Sherry Phillips-Hymel.