HLS 23RS-123 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 286
BY REPRESENTATIVE BOYD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/RECORDS: Provides relative to expungements for certain amounts of
possession of marijuana
1 AN ACT
2To amend and reenact Code of Criminal Procedure Articles 983(J), (K), and (L) and 986(A)
3 and (C) and to enact Code of Criminal Procedure Articles 977(D), 983(M), and 998,
4 relative to expungement; to provide relative to the motion to expunge a record of
5 arrest and conviction of a misdemeanor offense; to provide relative to when a person
6 may file an expungement for certain convictions of possession of marijuana; to
7 provide relative to the fees for an expungement of a record; to provide for
8 exemptions of fees in certain expungement cases; to provide relative to the
9 expungement form for misdemeanor marijuana convictions; and to provide for
10 related matters.
11Be it enacted by the Legislature of Louisiana:
12 Section 1. Code of Criminal Procedure Articles 983(J), (K), and (L) and 986(A) and
13(C) are hereby amended and reenacted and Code of Criminal Procedure Articles 977(D),
14983(M), and 998 are hereby enacted to read as follows:
15 Art. 977. Motion to expunge a record of arrest and conviction of a misdemeanor
16 offense
17 * * *
18 D. Notwithstanding any provision of law to the contrary, a person may file
19 a motion to expunge his record of arrest and conviction of a misdemeanor first
20 offense involving the possession of marijuana, tetrahydrocannabinol, or chemical
Page 1 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-123 ORIGINAL
HB NO. 286
1 derivatives thereof pursuant to R.S. 40:966(C)(2)(a) or (b) after ninety days from the
2 date of conviction.
3 * * *
4 Art. 983. Costs of expungement of a record; fees; collection; exemptions;
5 disbursements
6 * * *
7 J. Notwithstanding any other provision of law to the contrary, a person who
8 has been convicted of a misdemeanor first offense involving the possession of
9 marijuana, tetrahydrocannabinol, or chemical derivatives thereof pursuant to R.S.
10 40:966(C)(2)(a) or (b) shall be exempt from the payment of the processing fees
11 otherwise authorized by this Article.
12 J.K. Notwithstanding any other provision of law to the contrary, a person
13 who has been granted a pardon shall be exempt from payment of the processing fees
14 otherwise authorized by this Article. However, no person granted a first offender
15 pardon pursuant to Article IV, Section 5(E)(1) of the Constitution of Louisiana shall
16 be exempt from payment of the processing fees otherwise authorized by this Article.
17 K.L. If an application for an expungement of a record includes two or more
18 offenses arising out of the same arrest, including misdemeanors, felonies, or both,
19 the applicant shall be required to pay only one fee as provided for by this Article.
20 L.M. Notwithstanding any provision of law to the contrary, an applicant for
21 the expungement of a record, other than as provided in Paragraphs F and G of this
22 Article, may proceed in forma pauperis in accordance with the provisions of Code
23 of Civil Procedure Article 5181 et seq.
24 * * *
25 Art. 986. Forms for the expungement of records
26 A. Only the forms provided for in Articles 987, 988, 989, 990, 991, 992, 993,
27 994, and 995, and 998 of this Code shall be used for filing motions to expunge a
28 record of an arrest which did not result in a conviction, for the expungement of a
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-123 ORIGINAL
HB NO. 286
1 record of arrest and conviction of a misdemeanor or felony offense, or for an interim
2 motion to expunge a felony offense which resulted in a misdemeanor conviction.
3 * * *
4 C. The clerk of court for any court in the state of Louisiana having criminal
5 jurisdiction may amend any of the forms provided for in Articles 987, 988, 989, 990,
6 991, 992, 993, 994, and 995, and 998 to provide the appropriate name of the court
7 ordering an expungement of records.
8 * * *
9 Art. 998. Motion for expungement form to be used for certain misdemeanor
10 convictions
11 STATE OF LOUISIANA
12 JUDICIAL DISTRICT FOR THE PARISH OF
13 ______________________________
14 No.: _____________ Division: "_______"
15 State of Louisiana
16 vs.
17 _______________________________________________________
18MOTION FOR EXPUNGEMENT FOR MISDEMEANOR F IRST CONVICTION
19FOR POSSESSION OF MARIJUANA PURSUANT TO R.S. 40:966(C)(2)(a) or (b)
20 NOW INTO COURT comes mover, who provides the court with the following
21 information in connection with this request:
22 I. DEFENDANT INFORMATION
23 NAME: ___________________________________________________________
24 (Last, First, MI)
25 DOB: ________/______/_______ (MM/DD/YYYY)
26 GENDER _____ Female _____Male
27 SSN (last 4 digits): XXX-XX-________
28 RACE: _________________
29 DRIVER LIC.# _________________
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-123 ORIGINAL
HB NO. 286
1 ARRESTING AGENCY: __________________________________________
2 SID# (if available): _________________
3 ARREST NUMBER (ATN):_________________
4 AGENCY ITEM NO. _________________
5 Mover is entitled to expunge the record of his arrest/conviction pursuant to Louisiana
6 Code of Criminal Procedure Article 971 et seq. and states the following in support:
7 II. MISDEMEANOR FIRST CONVICTION FOR POSSESSION OF
8 MARIJUANA PURSUANT TO R.S. 40:966(C)(2)(a) or (b)
9 1. Mover was convicted on _______/______/_______ (MM/DD/YYYY)
10 The Mover prays that if there is no objection timely filed by the arresting law
11 enforcement agency, the district attorney's office, or the Louisiana Bureau of
12 Criminal Identification and Information, that an order be issued herein ordering the
13 expungement of the record of arrest and/or conviction set forth above, including all
14 photographs, fingerprints, disposition, or any other such information, which record
15 shall be confidential and no longer considered a public record, nor be made available
16 to other persons, except a prosecutor, member of a law enforcement agency, or a
17 judge who may request such information in writing, certifying that such request is
18 for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
19 purpose of any other statutorily defined law enforcement or administrative duties,
20 or for the purpose of the requirements of sex offender registration and notification
21 pursuant to the provisions of R.S. 15:541 et seq. or as an order of this court to any
22 other person for good cause shown, or as otherwise authorized by law.
23 If an "Affidavit of No Opposition" by each agency named herein is attached hereto
24 and made a part hereof, defendant requests that no contradictory hearing be required
25 and the motion be granted ex parte.
26 Respectfully submitted,
27 ____________________________________
28 Signature of Attorney for Mover/Defendant
29 ____________________________________
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-123 ORIGINAL
HB NO. 286
1 Attorney for Mover/Defendant Name
2 ____________________________________
3 Attorney's Bar Roll No.
4 ____________________________________
5 Address
6 ____________________________________
7 City, State, ZIP Code
8 ____________________________________
9 Telephone Number
10 If not represented by counsel:
11 ____________________________________
12 Signature of Mover/Defendant
13 ____________________________________
14 Mover/Defendant Name
15 ____________________________________
16 Address
17 ____________________________________
18 City, State, ZIP Code
19 ____________________________________
20 Telephone Number
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 286 Original 2023 Regular Session Boyd
Abstract: Relative to the expungement of records, provides relative to when a person may
file an expungement for certain convictions of possession of marijuana.
Present law provides for the expungement of certain arrest and conviction records under
certain circumstances.
Present law further provides that a person may file a motion to expunge his record of arrest
and conviction of a misdemeanor offense if either of the following apply:
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-123 ORIGINAL
HB NO. 286
(1)The conviction was set aside and prosecution was dismissed.
(2)More than five years have elapsed since the person completed any sentence, deferred
adjudication, or period of probation and parole, and the person has not been
convicted of any felony offense during such period, and has no felony charge
pending against him.
Proposed law retains present law and provides that a person may file a motion to expunge
his record of arrest and conviction of a misdemeanor offense involving the possession of
marijuana, tetrahydrocannabinol, or chemical derivatives thereof pursuant to present law
(R.S. 40:966(C)(2)(a) or (b)) after 90 days from the date of conviction.
Present law (C.Cr.P. Art. 983) provides relative to the fees for an expungement of a record
and exempts certain applicants from paying any fees.
Proposed law retains present law and adds that a person who has been convicted of a
misdemeanor offense involving the possession of marijuana pursuant to present law (R.S.
40:966(C)(2)(a) or (b)) shall be exempt from the payment of the processing fees otherwise
authorized by present law.
Present law provides for the forms used for the expungement of records.
Proposed law adds an additional form for misdemeanor convictions for possession of
marijuana pursuant to present law (R.S. 40:966(C)(2)(a) or (b)).
(Amends C.Cr.P. Arts. 983(J), (K), and (L) and 986(A) and (C); Adds C.Cr.P. Arts. 977(D),
983(M), and 998)
Page 6 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.