SLS 22RS-472 ORIGINAL
2022 Regular Session
SENATE BILL NO. 240
BY SENATOR JACKSON
CRIMINAL RECORDS. Provides relative to termination of probation and expungements
for crimes of violence. (8/1/22)
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Art. 978(E) and to enact Code of
3 Criminal Procedure Art. 897(C), relative to expungement; to provide for
4 expungement of crimes of violence when probation is terminated or sentence is
5 suspended under certain circumstances; to provide for termination of probation for
6 a crime of violence after certain conditions are met; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Code of Criminal Procedure Art. 978(E) is hereby amended and reenacted
10 and to enact Code of Criminal Procedure Art. 897(C) to read as follows:
11 Art. 897. Termination of probation or suspended sentence; discharge of defendant
12 * * *
13 C. When the defendant is convicted of a crime of violence, as defined by
14 R.S. 14:2(B), and has been placed on probation, the court may terminate the
15 defendant's probation early or suspend sentence and discharge him after five
16 years from the date of sentencing when all of the following conditions are met:
17 (1) The person has not been convicted of any other criminal offense
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 240
SLS 22RS-472 ORIGINAL
1 during the five-year period.
2 (2) The person has no criminal charge pending against him.
3 (3) The person has been gainfully employed for five consecutive years.
4 * * *
5 Art. 978. Motion to expunge record of arrest and conviction of a felony offense
6 * * *
7 E.(1) Notwithstanding any other provision of law to the contrary, after a
8 contradictory hearing, the court may order the expungement of the arrest and
9 conviction records of a person pertaining to a conviction of aggravated battery,
10 second degree battery, aggravated criminal damage to property, simple robbery,
11 purse snatching, or illegal use of weapons or dangerous instrumentalities a crime of
12 violence as defined by R.S. 14:2(B), if all of the following conditions are proven
13 by the petitioner:
14 (a) More than ten five years have elapsed since the person completed any
15 sentence, deferred adjudication, or period of probation or parole based on the felony
16 conviction was sentenced or deferred adjudication.
17 (b) The person has not been convicted of any other criminal offense during
18 the ten five-year period.
19 (c) The person has no criminal charge pending against him.
20 (d) Repealed by Acts 2020, No. 71, ยง2, eff. August 1, 2020 The person has
21 been gainfully employed for five consecutive years.
22 (2) The motion filed pursuant to this Paragraph shall include a certification
23 from the district attorney which verifies that, to his knowledge, the applicant has no
24 convictions during the ten five-year period and no pending charges under a bill of
25 information or indictment. The motion shall be heard by contradictory hearing as
26 provided by Article 980.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 240
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 240 Original 2022 Regular Session Jackson
Present law provides that a defendant may be discharged from probation for a felony offense
after one year in a felony under certain conditions, or in the case of a misdemeanor, at any
time, under certain conditions.
Proposed law retains present law and provides that a defendant may be discharged from
probation for a crime of violence after five years, if all of the following conditions are met:
(1)No convictions within the five-year period.
(2)No pending charges at the time of the motion.
(3)Gainful employment for a period of five years.
Present law provides that certain crimes of violence may be expunged after 10 years from
completion of the sentence when certain conditions are met.
Proposed law deletes present law and provides that all crimes of violence may be expunged
after five years from the date of sentencing or adjudication when all of the following
conditions are met:
(1)No convictions within the five-year period.
(2)No pending charges at the time of the motion.
(3)Gainful employment for a period of five years.
Effective August 1, 2022.
(Amends C.Cr.P. Art. 978(E); adds C.Cr.P. Art 897(C))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.