SLS 22RS-476 ENGROSSED
2022 Regular Session
SENATE BILL NO. 334
BY SENATOR JACKSON
CRIMINAL RECORDS. Provides for attempted malfeasance in office convictions to be set
aside and expunged. (8/1/22)
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Art. 978, 987, and 989, and to enact R.S.
3 14:134(D), relative to expungement of records; to provide relative to the crime of
4 attempted malfeasance in office; to provide that convictions for attempted
5 malfeasance in office may be set aside; to provide relative to expungement of records
6 of arrest and conviction for attempted malfeasance in office; and to provide for
7 related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Code of Criminal Procedure Art. 978, 987, and 989 are hereby amended
10 and reenacted to read as follows:
11 Art. 978. Motion to expunge record of arrest and conviction of a felony offense
12 A. Except as provided in Paragraph B of this Article, a person may file a
13 motion to expunge his record of arrest and conviction of a felony offense if any of
14 the following apply:
15 * * *
16 (4) The person was convicted of attempted malfeasance in office. If the
17 expungement is granted under this Subparagraph, it shall be filed at no cost to
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1 the defendant.
2 * * *
3 Art. 987. Motion to set aside conviction and dismiss prosecution; rule to show
4 cause; order of dismissal forms to be used
5 "STATE OF LOUISIANA
6 JUDICIAL DISTRICT FOR THE PARISH OF
7 ______________________________
8
9 No.: _____________ Division: "_______"
10 State of Louisiana
11 vs.
12 _______________________________________________________
13 MOTION TO SET ASIDE CONVICTION AND
14 DISMISS PROSECUTION
15 NOW INTO HONORABLE COURT, comes
16 G Defendant, OR
17 G Defendant through undersigned Counsel,
18 who moves that the conviction pursuant to Louisiana Code of Criminal Procedure
19 G Article 894(B) Misdemeanors, OR
20 G Article 893(E) Felonies, OR
21 in the above numbered case be set aside and that the prosecution dismissed in accordance with the Code
22 of Criminal Procedure in that:
23 G the The period of the deferred sentence has run and petitioner has successfully completed the
24 terms of his probation.
25 G The defendant was convicted for the offense of attempted malfeasance in office.
26 The mover is further identified below:
27 DOCKET NUMBER: _______________________
28 CHARGE: _______________________
29 DATE OF ARREST: _______________________
30 ARRESTING AGENCY: _______________________
31 CITY/PARISH OF ARREST: _______________________
32 The Mover prays that, after a contradictory hearing with the District Attorney's Office, the Court
33 order the above numbered case be set aside and that the prosecution dismissed in accordance with the
34 Code of Criminal Procedure.
35 Respectfully submitted,
36 ____________________________________
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SLS 22RS-476 ENGROSSED
1 Signature of Attorney for Mover/Defendant
2
3 ____________________________________
4 Attorney for Mover/Defendant Name
5
6 ____________________________________
7 Attorney's Bar Roll No.
8
9 ____________________________________
10 Address
11
12 ____________________________________
13 City, State, ZIP Code
14
15 ____________________________________
16 Telephone Number
17
18
19 If not represented by counsel:
20
21 ____________________________________
22 Signature of Mover/Defendant
23
24 ____________________________________
25 Mover/Defendant Name
26
27 ____________________________________
28 Address
29
30 ____________________________________
31 City, State, ZIP Code
32
33 ____________________________________
34 Telephone Number
35
36 STATE OF LOUISIANA
37 JUDICIAL DISTRICT FOR THE PARISH OF
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SLS 22RS-476 ENGROSSED
1 ______________________________
2
3 No.: ______________ Division: "_______"
4
5 State of Louisiana
6
7 vs.
8
9 _______________________________________________________
10
11 RULE TO SHOW CAUSE
12
13 IT IS HEREBY ORDERED, that the District Attorney show cause on the _______ day of
14 ______________________, 20 _____, at ______o'clock __m why the foregoing motion should not be
15 granted.
16 THUS ORDERED AND SIGNED this ____ day of _________________, 20 ____ at
17 ______________, Louisiana, ___________________________.
18 ___________________________
19 JUDGE
20
21 PLEASE SERVE:
22
23 1. District Attorney: _____________________________________________
24
25 2. Attorney for Defendant and/or Defendant ____________________________
26
27 STATE OF LOUISIANA
28 JUDICIAL DISTRICT FOR THE PARISH OF
29 ______________________________
30
31 No.: _________ Division: "_______"
32
33 State of Louisiana
34
35 vs.
36 _______________________________________________________
37
38 ORDER OF DISMISSAL
39
40 Considering the Motion to Set Aside Conviction and Dismiss Prosecution, the hearing conducted
41 on the representation of the State of Louisiana of its consent hereto, and that there is no opposition for any
42 good cause appearing herein;
43 IT IS ORDERED, ADJUDGED AND DECREED that this conviction is set aside and the
44 prosecution dismissed for purposes of expungement.
45 THUS ORDERED AND SIGNED this _____ day of _______________, 20 ____at
46 ________________, Louisiana.
47 ___________________________________
48 JUDGE
49
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SLS 22RS-476 ENGROSSED
1 PLEASE SERVE:
2
3 1. District Attorney:________________________________________________
4
5 2. Attorney for Defendant and/or Defendant ___________________________"
6
7 * * *
8 Art. 989. Motion for expungement forms to be used
9 STATE OF LOUISIANA
10 JUDICIAL DISTRICT FOR THE PARISH OF
11 ______________________________
12 No.: _____________ Division: "_______"
13 State of Louisiana
14 vs.
15 _______________________________________________________
16 MOTION FOR EXPUNGEMENT
17 NOW INTO COURT comes mover, who provides the court with the
18 following information in connection with this request:
19 I. DEFENDANT INFORMATION
20 NAME: ___________________________________________________________
21 (Last, First, MI)
22 DOB: ________/______/_______ (MM/DD/YYYY)
23 GENDER _____ Female _____Male
24 SSN (last 4 digits): XXX-XX-________
25 RACE: _________________
26 DRIVER LIC.# _________________
27 ARRESTING AGENCY: __________________________________________
28 SID# (if available): _________________
29 ARREST NUMBER (ATN): _________________
30 AGENCY ITEM NO. _________________
31 Mover is entitled to expunge the record of his arrest/conviction pursuant to
32 Louisiana Code of Criminal Procedure Article 971 et seq. and states the following
33 in support:
34 II.ARREST INFORMATION
35 1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)
36 2. _____ YES _____ NO A supplemental sheet with arrests and/or
37 convictions is attached after page 2 of this
38 Motion.
39 3. Mover was:
40 _____ YES _____ NO Arrested, but it did not result in conviction
41 _____ YES _____ NO Convicted of and seeks to expunge a
42 misdemeanor
43 _____ YES _____ NO Convicted of and seeks to expunge a felony
44 _____ YES _____ NO Convicted but determined to be factually
45 innocent and entitled to compensation for a
46 wrongful conviction pursuant to the
47 provisions of R.S. 15:572.8.
48 4. Mover was booked and/or charged with the following offenses: (List each
49 offense booked and charged separately. Attach a supplemental sheet, if
50 necessary.)
51 ____ Yes ____ No ARRESTS THAT DID NOT RESULT IN CONVICTION
52 NO. 1 La. Rev. Stat. Ann. § _______ : ________
53 Name of the offense __________________
54 ( ) Time expired for prosecution__________________
55 (MM/DD/YYYY)
56 ( ) Not prosecuted for any offense
57 arising out of this charge.
58 ( ) Pre-trial Diversion Program.
59 ( ) DWI Pre-Trial Diversion Program
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1 and 5 years have elapsed since the
2 date of arrest.
3 ( ) Charge dismissed
4 ( ) Found not guilty/judgment of acquittal
5 NO. 2 La. Rev. Stat. Ann. § _______ : ________
6 Name of the offense __________________
7 ( ) Time expired for prosecution__________________
8 (MM/DD/YYYY)
9 ( ) Not prosecuted for any
10 offense arising out of this charge.
11 ( ) Pre-trial Diversion Program.
12 ( ) Charge dismissed
13 ( ) Found not guilty/judgment of acquittal
14 NO. 3 La. Rev. Stat. Ann. § _______ : ________
15 Name of the offense __________________
16 ( ) Time expired for prosecution__________________
17 (MM/DD/YYYY)
18 ( ) Not prosecuted for any offense
19 arising out of this charge.
20 ( ) Pre-trial Diversion Program.
21 ( ) Charge dismissed
22 ( ) Found not guilty/judgment of acquittal
23 ____ Yes ____ NoMISDEMEANOR CONVICTIONS
24 NO. 1 La. Rev. Stat. Ann. § _______ : ________
25 Name of the offense _________________
26 ( ) Conviction set aside/dismissed_____/____/_______
27 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY)
28 ( ) More than 5 years have passed
29 since completion of sentence.
30 NO. 2 La. Rev. Stat. Ann. § _______ : ________
31 Name of the offense _________________
32 ( ) Conviction set aside/dismissed_____/____/_______
33 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY)
34 ( ) More than 5 years have passed
35 since completion of sentence.
36 ____ Yes ____ NoFELONY CONVICTIONS
37 NO. 1 La. Rev. Stat. Ann. § _______ : ________
38 ( ) Conviction set aside/dismissed_____/____/_______
39 pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY)
40 ( ) More than 10 years have passed
41 since completion of sentence
42 ( ) Received a first offender pardon for an elibible eligible
43 offense
44 ( ) Convicted of attempted malfeasance in office
45 NO. 2 La. Rev. Stat. Ann. § _______ : ________
46 ( ) Conviction set aside/dismissed_____/____/_______
47 pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY)
48 ( ) More than 10 years have passed
49 since completion of sentence
50 ( ) Received a first offender pardon for an eligible offense
51 ( ) Convicted of attempted malfeasance in office
52 ____ Yes ____ NoOPERATING A MOTOR VEHICLE WHILE
53 INTOXICATED CONVICTIONS
54 Mover has attached the following:
55 ( )A copy of the proof from the Department of Public Safety and
56 Corrections, office of motor vehicles, that it has received from the
57 clerk of court a certified copy of the record of the plea, fingerprints
58 of the defendant, and proof of the requirements set forth in C.Cr.P.
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SLS 22RS-476 ENGROSSED
1 Art. 556, which shall include the defendant's date of birth, last four
2 digits of social security number, and driver's license number
3 5. Mover has attached to this Motion the following pertinent documents:
4 G Criminal Background Check from the La. State Police/Parish Sheriff
5 dated within the past 60 days (required).
6 G Bill(s) of Information (if any).
7 G Minute entry showing final disposition of case (if any).
8 G Certification Letter from the District Attorney for fee waiver (if
9 eligible).
10 G Certification Letter from the District Attorney verifying that the
11 applicant has no convictions or pending applicable criminal charges
12 in the requisite time periods.
13 G Certification Letter from the District Attorney verifying that the
14 charges were refused.
15 G Certification Letter from the District Attorney verifying that the
16 applicant did not participate in a pretrial diversion program.
17 G Copy of a first offender pardon
18 G A copy of the order waiving the sex offender registration and
19 notification requirements.
20 G A copy of the court order determination of factual innocence and
21 order of compensation for a wrongful conviction pursuant to the
22 provisions of R.S. 15:572.8 if applicable.
23 The Mover prays that if there is no objection timely filed by the arresting law
24 enforcement agency, the district attorney's office, or the Louisiana Bureau of
25 Criminal Identification and Information, that an order be issued herein ordering the
26 expungement of the record of arrest and/or conviction set forth above, including all
27 photographs, fingerprints, disposition, or any other such information, which record
28 shall be confidential and no longer considered a public record, nor be made available
29 to other persons, except a prosecutor, member of a law enforcement agency, or a
30 judge who may request such information in writing, certifying that such request is
31 for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
32 purpose of any other statutorily defined law enforcement or administrative duties,
33 or for the purpose of the requirements of sex offender registration and notification
34 pursuant to the provisions of R.S. 15:541 et seq. or as an order of this Court to any
35 other person for good cause shown, or as otherwise authorized by law.
36 If an "Affidavit of No Opposition" by each agency named herein is attached
37 hereto and made a part hereof, Defendant requests that no contradictory hearing be
38 required and the Motion be granted ex parte.
39 Respectfully submitted,
40 ____________________________________
41 Signature of Attorney for Mover/Defendant
42 ____________________________________
43 Attorney for Mover/Defendant Name
44 ____________________________________
45 Attorney's Bar Roll No.
46 ____________________________________
47 Address
48
49 ____________________________________
50 City, State, ZIP Code
51 ____________________________________
52 Telephone Number
53 If not represented by counsel:
54 ____________________________________
55 Signature of Mover/Defendant
56 ____________________________________
57 Mover/Defendant Name
58 ____________________________________
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SLS 22RS-476 ENGROSSED
1 Address
2 ____________________________________
3 City, State, ZIP Code
4 ____________________________________
5 Telephone Number
6
7 * * *
8
9 Art. 989. Motion for expungement forms to be used
10 STATE OF LOUISIANA
11 JUDICIAL DISTRICT FOR THE PARISH OF
12 ______________________________
13 No.: _____________ Division: "_______"
14 State of Louisiana
15 vs.
16 _______________________________________________________
17 MOTION FOR EXPUNGEMENT
18 NOW INTO COURT comes mover, who provides the court with the
19 following information in connection with this request:
20 I. DEFENDANT INFORMATION
21 NAME: ___________________________________________________________
22 (Last, First, MI)
23 DOB: ________/______/_______ (MM/DD/YYYY)
24 GENDER _____ Female _____Male
25 SSN (last 4 digits): XXX-XX-________
26 RACE: _________________
27 DRIVER LIC.# _________________
28 ARRESTING AGENCY: __________________________________________
29 SID# (if available): _________________
30 ARREST NUMBER (ATN): _________________
31 AGENCY ITEM NO. _________________
32 Mover is entitled to expunge the record of his arrest/conviction pursuant to
33 Louisiana Code of Criminal Procedure Article 971 et seq. and states the following
34 in support:
35 II.ARREST INFORMATION
36 1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)
37 2. _____ YES _____ NO A supplemental sheet with arrests and/or
38 convictions is attached after page 2 of this
39 Motion.
40 3. Mover was:
41 _____ YES _____ NO Arrested, but it did not result in conviction
42 _____ YES _____ NO Convicted of and seeks to expunge a
43 misdemeanor
44 _____ YES _____ NO Convicted of and seeks to expunge a felony
45 _____ YES _____ NO Convicted but determined to be factually
46 innocent and entitled to compensation for a
47 wrongful conviction pursuant to the
48 provisions of R.S. 15:572.8.
49 4. Mover was booked and/or charged with the following offenses: (List each
50 offense booked and charged separately. Attach a supplemental sheet, if
51 necessary.)
52 ____ Yes ____ No ARRESTS THAT DID NOT RESULT IN CONVICTION
53 NO. 1 La. Rev. Stat. Ann. § _______ : ________
54 Name of the offense __________________
55 ( ) Time expired for prosecution__________________
56 (MM/DD/YYYY)
57 ( ) Not prosecuted for any offense
58 arising out of this charge.
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1 ( ) Pre-trial Diversion Program.
2 ( ) DWI Pre-Trial Diversion Program
3 and 5 years have elapsed since the
4 date of arrest.
5 ( ) Charge dismissed
6 ( ) Found not guilty/judgment of acquittal
7 NO. 2 La. Rev. Stat. Ann. § _______ : ________
8 Name of the offense __________________
9 ( ) Time expired for prosecution__________________
10 (MM/DD/YYYY)
11 ( ) Not prosecuted for any
12 offense arising out of this charge.
13 ( ) Pre-trial Diversion Program.
14 ( ) Charge dismissed
15 ( ) Found not guilty/judgment of acquittal
16 NO. 3 La. Rev. Stat. Ann. § _______ : ________
17 Name of the offense __________________
18 ( ) Time expired for prosecution__________________
19 (MM/DD/YYYY)
20 ( ) Not prosecuted for any offense
21 arising out of this charge.
22 ( ) Pre-trial Diversion Program.
23 ( ) Charge dismissed
24 ( ) Found not guilty/judgment of acquittal
25 ____ Yes ____ NoMISDEMEANOR CONVICTIONS
26 NO. 1 La. Rev. Stat. Ann. § _______ : ________
27 Name of the offense _________________
28 ( ) Conviction set aside/dismissed_____/____/_______
29 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY)
30 ( ) More than 5 years have passed
31 since completion of sentence.
32 NO. 2 La. Rev. Stat. Ann. § _______ : ________
33 Name of the offense _________________
34 ( ) Conviction set aside/dismissed_____/____/_______
35 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY)
36 ( ) More than 5 years have passed
37 since completion of sentence.
38 ____ Yes ____ NoFELONY CONVICTIONS
39 NO. 1 La. Rev. Stat. Ann. § _______ : ________
40 ( ) Conviction set aside/dismissed_____/____/_______
41 pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY)
42 ( ) More than 10 years have passed
43 since completion of sentence
44 ( ) Received a first offender pardon for an elibible eligible
45 offense
46 ( ) Convicted of attempted malfeasance in office
47 NO. 2 La. Rev. Stat. Ann. § _______ : ________
48 ( ) Conviction set aside/dismissed_____/____/_______
49 pursuant to C.Cr.P. Art. 893(E)(MM/DD/YYYY)
50 ( ) More than 10 years have passed
51 since completion of sentence
52 ( ) Received a first offender pardon for an eligible offense
53 ( ) Convicted of attempted malfeasance in office
54 ____ Yes ____ NoOPERATING A MOTOR VEHICLE WHILE
55 INTOXICATED CONVICTIONS
56 Mover has attached the following:
57 ( )A copy of the proof from the Department of Public Safety and
58 Corrections, office of motor vehicles, that it has received from the
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1 clerk of court a certified copy of the record of the plea, fingerprints
2 of the defendant, and proof of the requirements set forth in C.Cr.P.
3 Art. 556, which shall include the defendant's date of birth, last four
4 digits of social security number, and driver's license number
5 5. Mover has attached to this Motion the following pertinent documents:
6 G Criminal Background Check from the La. State Police/Parish Sheriff
7 dated within the past 60 days (required).
8 G Bill(s) of Information (if any).
9 G Minute entry showing final disposition of case (if any).
10 G Certification Letter from the District Attorney for fee waiver (if
11 eligible).
12 G Certification Letter from the District Attorney verifying that the
13 applicant has no convictions or pending applicable criminal charges
14 in the requisite time periods.
15 G Certification Letter from the District Attorney verifying that the
16 charges were refused.
17 G Certification Letter from the District Attorney verifying that the
18 applicant did not participate in a pretrial diversion program.
19 G Copy of a first offender pardon
20 G A copy of the order waiving the sex offender registration and
21 notification requirements.
22 G A copy of the court order determination of factual innocence and
23 order of compensation for a wrongful conviction pursuant to the
24 provisions of R.S. 15:572.8 if applicable.
25 The Mover prays that if there is no objection timely filed by the arresting law
26 enforcement agency, the district attorney's office, or the Louisiana Bureau of
27 Criminal Identification and Information, that an order be issued herein ordering the
28 expungement of the record of arrest and/or conviction set forth above, including all
29 photographs, fingerprints, disposition, or any other such information, which record
30 shall be confidential and no longer considered a public record, nor be made available
31 to other persons, except a prosecutor, member of a law enforcement agency, or a
32 judge who may request such information in writing, certifying that such request is
33 for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
34 purpose of any other statutorily defined law enforcement or administrative duties,
35 or for the purpose of the requirements of sex offender registration and notification
36 pursuant to the provisions of R.S. 15:541 et seq. or as an order of this Court to any
37 other person for good cause shown, or as otherwise authorized by law.
38 If an "Affidavit of No Opposition" by each agency named herein is attached
39 hereto and made a part hereof, Defendant requests that no contradictory hearing be
40 required and the Motion be granted ex parte.
41 Respectfully submitted,
42 ____________________________________
43 Signature of Attorney for Mover/Defendant
44 ____________________________________
45 Attorney for Mover/Defendant Name
46 ____________________________________
47 Attorney's Bar Roll No.
48 ____________________________________
49 Address
50
51 ____________________________________
52 City, State, ZIP Code
53 ____________________________________
54 Telephone Number
55 If not represented by counsel:
56 ____________________________________
57 Signature of Mover/Defendant
58 ____________________________________
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words in boldface type and underscored are additions. SB NO. 334
SLS 22RS-476 ENGROSSED
1 Mover/Defendant Name
2 ____________________________________
3 Address
4 ____________________________________
5 City, State, ZIP Code
6 ____________________________________
7 Telephone Number
8
9 Section 2. R.S. 14:134(D) is hereby enacted to read as follows:
10 §134. Malfeasance in office
11 * * *
12 D. No person shall be convicted of attempted malfeasance in office. Any
13 person convicted of attempted malfeasance in office prior to August 1, 2022,
14 shall have grounds to have the conviction set aside and the conviction expunged.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 334 Engrossed 2022 Regular Session Jackson
Present law provides for qualifications for a person to file a motion to expunge his record
of arrest and conviction, including that the conviction was set aside and prosecution
dismissed, more than 10 years have elapsed from the completion of the sentence without any
additional convictions, the offender is entitled to a first offender pardon, or upon a
contradictory hearing.
Proposed law retains present law and provides for the additional qualification that the
conviction was for the offense of attempted malfeasance in office.
Present law provides forms for a motion to set aside a conviction and for expungement.
Proposed law retains present law and adds that a person may file a motion to set aside a
conviction and receive an expungement for the crime of attempted malfeasance in office.
Proposed law retains present law but provides there is no offense of attempted malfeasance
in office.
Effective August 1, 2022.
(Amends C.Cr.P. Art. 978, 987, and 989; adds R.S. 14:134(D))
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