HLS 22RS-694 RE-REENGROSSED
2022 Regular Session
HOUSE BILL NO. 707
BY REPRESENTATIVES DUPLESSIS, BOYD, BRASS, BRYANT, CARPENTER,
FISHER, FREEMAN, FREIBERG, GAINES, GREEN, HUGHES, JEFFERSON,
JENKINS, JORDAN, LAFLEUR, LANDRY, LARVADAIN, LYONS,
MARCELLE, MARINO, DUSTIN MILLER, NEWELL, PHELPS, PIERRE,
SELDERS, AND WILLARD
CRIMINAL/RECORDS: Provides relative to the expungement of criminal records
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 973(E) and to enact Code of
3 Criminal Procedure Article 985.2, relative to expungement of records; to provide
4 relative to automated expungement of certain criminal records; to require the
5 Louisiana Bureau of Criminal Identification and Information to send certain records
6 to the Louisiana Supreme Court Case Management Information System; to provide
7 relative to duties of the clerks of district courts; to authorize the adoption of rules and
8 regulations by state police and the supreme court; to provide relative to the effects
9 of expunged records of arrest and conviction; to provide that no person shall have a
10 cause of action resulting from the omission of their records for automated
11 expungement; to provide for an effective date; and to provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. Code of Criminal Procedure Article 973(E) is hereby amended and
14reenacted and Code of Criminal Procedure Article 985.2 is hereby enacted to read as
15follows:
16 Art. 973. Effect of expunged record of arrest or conviction
17 * * *
18 E. Nothing in this Article shall be construed to limit or impair in any way the
19 subsequent use of any expunged record of any arrests or convictions by a judge,
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1 magistrate, commissioner, law enforcement agency, criminal justice agency, or
2 prosecutor including its use as a predicate offense, for the purposes of the Habitual
3 Offender Law, setting bail, sentencing, or as otherwise authorized by law.
4 * * *
5 Art. 985.2. Automated expungement of qualifying records
6 A. The Louisiana Bureau of Criminal Identification and Information shall
7 identify within its criminal repository database all records with final dispositions for
8 individuals eligible for an expungement pursuant to the provisions of Articles 976,
9 977, and 978.
10 B. Beginning August 1, 2024, and every thirty days thereafter, the Louisiana
11 Bureau of Criminal Identification and Information shall send the records with final
12 dispositions for individuals eligible for an expungement pursuant to the provisions
13 of Articles 976, 977, and 978 to the Louisiana Supreme Court Case Management
14 Information System.
15 C. Within thirty days of receipt of records from the Louisiana Bureau of
16 Criminal Identification and Information, the Louisiana Supreme Court Case
17 Management Information System shall send notice by United States mail or
18 electronically of all records identified pursuant to Paragraph A of this Article to be
19 expunged by automation to the clerks of the district courts of Louisiana. The clerks
20 of the district courts of Louisiana shall verify and identify such records as expunged
21 by automation. If a clerk of a district court is unable to verify and identify any
22 record identified for automatic expungement, the clerk shall notify the Louisiana
23 Supreme Court Case Management Information System within thirty days of receipt
24 of the notice required pursuant to the provisions of this Paragraph, who shall then
25 notify the Louisiana Bureau of Criminal Identification and Information that the
26 record is not expunged by automation.
27 D. The clerks of the district courts of Louisiana shall send notice by United
28 States mail or electronically of all records expunged by automation to the district
29 attorney of the parish of the person's conviction, the sheriff of the parish of the
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1 person's conviction, and the arresting agency. The district attorney, sheriff, and
2 arresting agency shall acknowledge such records as expunged by automation
3 according to Code of Criminal Procedure Article 973. The clerks of the district
4 courts of Louisiana shall also send notice by United States mail or electronically of
5 all records expunged by automation to the Louisiana Supreme Court Case
6 Management Information System, which shall mark the records as expunged by
7 automation and send notice by United States mail or electronically of all records
8 expunged by automation to the Louisiana Bureau of Criminal Identification and
9 Information. The Louisiana Bureau of Criminal Identification and Information shall
10 mark the records as expunged by automation. Nothing in this Paragraph shall be
11 construed to require the arresting agency, booking agency, or the district attorney to
12 manually segregate or sequester upon acknowledging or identifying such records.
13 E. The Department of Public Safety and Corrections, office of state police,
14 is hereby authorized to adopt and promulgate rules and regulations in accordance
15 with the Administrative Procedure Act to carry out the provisions of this Article for
16 criminal records in districts courts of Louisiana which date back to January 1, 2000.
17 F. Nothing in this Article shall prevent an otherwise eligible individual from
18 obtaining an expungement pursuant to any provision in this Title. An individual
19 eligible for an automated expungement under this Article shall not have a cause of
20 action for any damages resulting from the omission of their records in the process
21 provided by this Article.
22 Section 2. The legislature hereby recognizes the judicial power vested in the state
23supreme court pursuant to Article V, Section 1 of the Constitution of Louisiana and,
24accordingly, urges and requests the supreme court to adopt rules to carry out the provisions
25of this Act.
26 Section 3. Notwithstanding any provision of law to the contrary, no later than June
2730, 2024, the legislature shall appropriate funding necessary for the implementation of this
28Act to the Louisiana Commission on Law Enforcement for distribution to each sheriff in the
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1state in proportion to the number of automatic expungements submitted to the sheriff by the
2clerks of court pursuant to the provisions of this Act.
3 Section 4. The provisions of Sections 1, 2, and 3 of this Act shall become effective
4if an Act or Acts of the Legislature of Louisiana originating in the 2022 Regular Session
5containing specific appropriations of monies for the office of state police, the Louisiana
6Supreme Court, and the Louisiana Clerks' Remote Access Authority for the implementation
7of the provisions of this Act becomes effective. If such appropriations are made in a single
8Act, Sections 1, 2, and 3 of this Act shall become effective when the Act that made the
9appropriations becomes effective. If such appropriations are made in different Acts,
10Sections 1, 2, and 3 of this Act shall become effective when the Act having the later
11effective date becomes effective.
12 Section 5. The provisions of this Section and Section 4 of this Act shall become
13effective upon signature of this Act by the governor or, if not signed by the governor, upon
14expiration of the time for bills to become law without signature by the governor, as provided
15by Article III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the
16governor and subsequently approved by the legislature, the provisions of this Section and
17Section 4 of this Act shall become effective on the day following such approval.
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.
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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)
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HB NO. 707
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.
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HB NO. 707
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.
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