HLS 24RS-823 REENGROSSED
2024 Regular Session
HOUSE BILL NO. 553
BY REPRESENTATIVES BRYANT, BOYD, CARPENTER, WILFORD CARTER,
CHASSION, FISHER, GREEN, JACKSON, TRAVIS JOHNSON, KNOX,
LAFLEUR, MARCELLE, MENA, MOORE, NEWELL, SELDERS, TAYLOR,
AND WALTERS
CRIMINAL/RECORDS: Provides relative to the disposition of certain records for
seventeen year old offenders
1 AN ACT
2To amend and reenact Code of Criminal Procedure Articles 972 and 983(G) and to enact
3 Code of Criminal Procedure Articles 999 and 999.1, relative to expungement; to
4 provide for the expungement of arrest records for certain individuals; to provide for
5 a definition; to provide relative to criteria to receive an expungement; to provide for
6 exceptions; to provide for duties; to provide for exemption from processing fees; to
7 provide for an expungement form; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. Code of Criminal Procedure Articles 972 and 983(G) are hereby amended
10and reenacted and Code of Criminal Procedure Articles 999 and 999.1 are hereby enacted
11to read as follows:
12 Art. 972. Definitions
13 As used in this Title:
14 (1) "Expedited expungement" means an order of expungement that a judge
15 may sign pursuant to Article 999 without the individual filing a motion to expunge
16 with the clerk of court.
17 (2) "Expunge a record" means to remove a record of arrest or conviction,
18 photographs, fingerprints, disposition, or any other information of any kind from
19 public access pursuant to the provisions of this Title. "Expunge a record" does not
20 mean destruction of the record.
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1 (2) (3) "Expungement by redaction" provides for the expungement of records
2 of a person who is arrested or convicted with other persons who are not entitled to
3 expungement and involves the removal of the name or any other identifying
4 information of the person entitled to the expungement and otherwise retains the
5 records of the incident as they relate to the other persons.
6 (3) (4) "Interim expungement" means to expunge a felony arrest from the
7 criminal history of a person who was convicted of a misdemeanor offense arising out
8 of the original felony arrest. Only the original felony arrest may be expunged in an
9 interim expungement.
10 (4) (5) "Records" includes any incident reports, photographs, fingerprints,
11 disposition, or any other such information of any kind in relation to a single arrest
12 event in the possession of the clerk of court, any criminal justice agency, and local
13 and state law enforcement agencies but shall not include DNA records. Records
14 shall also include records of an arrest based on a warrant or attachment for failure to
15 appear in court for the same offense or offenses for which the person is seeking an
16 expungement.
17 * * *
18 Art. 983. Costs of expungement of a record; fees; collection; exemptions;
19 disbursements
20 * * *
21 G. Notwithstanding any other provision of law to the contrary, a the
22 following individuals shall be exempt from the payment of the processing fees
23 otherwise authorized by this Article:
24 (1) A juvenile who has successfully completed any juvenile drug court
25 program operated by a court of this state shall be exempt from payment of the
26 processing fees otherwise authorized by this Article.
27 (2) A person eligible for an expedited expungement pursuant to Article 999.
28 * * *
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HB NO. 553
1 Art. 999. Expungement of arrest records for certain individuals
2 A. A person shall be entitled to the expedited expungement of his arrest, at
3 no cost to him, if he meets all of the following:
4 (1) He is seventeen years of age when he is arrested or charged with any
5 criminal offense as provided in Title 14 or 40 of the Louisiana Revised Statues of
6 1950.
7 (2) The district attorney, for any reason, declined to prosecute all offenses
8 arising out of that arrest, including the reason that the person successfully completed
9 a pretrial diversion program.
10 (3) Prosecution was instituted and such proceedings have been finally
11 disposed of by dismissal, sustaining of a motion to quash, or acquittal.
12 B. The provisions of this Article shall not apply to any misdemeanor or
13 felony conviction arising from the incident of arrest.
14 C. The expedited expungement shall be served pursuant to the provisions of
15 Article 982.
16 Art. 999.1. Order form to be used; expedited expungement
17 JUDICIAL DISTRICT FOR THE PARISH OF
18 ______________________________
19 No.: _____________ Division: "_______"
20 State of Louisiana
21 vs.
22 _______________________________________________________
23 ORDER OF EXPUNGEMENT UNDER
24 CODE OF CRIMINAL PROCEDURE ARTICLE 999
25 Pursuant to Code of Criminal Procedure Article 999, wherein all of the
26 following applies,
27 (1) The defendant was seventeen years of age when he was arrested or
28 charged with any criminal offense as provided in Title 14 or 40 of the Louisiana
29 Revised Statutes of 1950.
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1 (2) The district attorney, for any reason, declined to prosecute all offenses
2 arising out of that arrest, including the reason that the person successfully completed
3 a pretrial diversion program.
4 (3) Prosecution was instituted and such proceedings have been finally
5 disposed of by dismissal, sustaining of a motion to quash, or acquittal.
6 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the
7 following charges and arrest on the dates provided herein be expunged.
8 THUS ORDERED AND SIG NED, ADJUDGED, AND DECREED this
9 ____ day of _________________, 20 ____ at ______________, Louisiana,
10 ___________________________.
11 ___________________________
12 JUDGE
13 DEFENDANT INFORMATION:
14 NAME:________________________________________________
15 First Middle Last
16 DATE OF BIRTH:_____________
17 GENDER:_____________
18 SS#___________________________
19 RACE___________________________
20 DRIVERS LICENSE#___________________
21 ARRESTING AGENCY___________________
22 SID#___________________
23 ARREST NUMBER (ATN)___________________
24 AGENCY ITEM NO:________________________
25 PLEASE SERVE:
26 1. District Attorney:________________________________________________
27 2. Arresting Agency:_______________________________________________
28 3. Parish Sheriff:_______________________________________
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1 4. Louisiana Bureau of Criminal Identification and Information
2 ____________________________
3 5. Attorney for Defendant (or defendant)____________________________
4 6. Clerk of Court ____________________________
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 553 Reengrossed 2024 Regular Session Bryant
Abstract: Provides relative to the expungement of arrest records for certain offenders.
Present law (C.Cr.P. Art. 972) provides for definitions.
Proposed law retains present law and provides a definition for "expedited expungement".
Present law (C.Cr.P. Art. 983) provides for costs of expungements.
Proposed law retains present law generally and exempts a person who is eligible for an
expedited expungement from the expungement fees provided in present law.
Proposed law (C.Cr.P. Art. 999) provides that a person shall be entitled to the expedited
expungement of his arrest, at no cost to him, if he meets all of the following:
(1)He is 17 years of age when he is arrested or charged with any criminal offense as
provided in present law (Title 14 or 40 of the La. Rev. Statutes of 1950).
(2)The district attorney, for any reason, declined to prosecute all offenses arising out of
that arrest, including the reason that the person successfully completed a pretrial
diversion program.
(3)Prosecution was instituted and such proceedings have been finally disposed of by
dismissal, sustaining of a motion to quash, or acquittal.
Proposed law does not apply to any misdemeanor or felony conviction arising from the
incident of arrest.
Proposed law provides that the expedited expungement shall be served pursuant to the
provisions of present law (C.Cr.P. Art. 982).
Proposed law (C.Cr.P. Art. 1000) adds an expungement form for expedited expungements.
(Amends C.Cr.P. Arts. 972 and 983(G); Adds C.Cr.P. Arts. 999 and 999.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Make technical changes.
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2. Define the term "expedited expungement".
3. Exempt a person who is eligible for an expedited expungement from the
expungement fees provided in present law.
4. Change the term "automatic expungement" to "expedited expungement".
5. Remove proposed law criteria for an expedited expungement relative to the
dismissal or entry of nolle prosequi of a charge forming the basis of an arrest.
6. Add the following eligibility criteria for an expedited expungement:
(a)The district attorney, for any reason, declined to prosecute all offenses
arising out of that arrest, including the reason that the person successfully
completed a pretrial diversion program.
(b)Prosecution was instituted and such proceedings have been finally
disposed of by dismissal, sustaining of a motion to quash, or acquittal.
7. Clarify that a person is not eligible for an expedited expungement if any
misdemeanor or felony conviction arises from the incident of his arrest or if he
is arrested for any sex offense.
8. Clarify that the expedited expungement shall be served pursuant to the provisions
of present law.
9. Add an expungement form for expedited expungements.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Add that a person who is 17 years of age when he is arrested or charged with any
criminal offense as provided in Title 40 of the La. Rev. Statutes of 1950 shall be
entitled to the expedited expungement of his arrest, at no cost to him, if he meets
all of the applicable criteria.
3. Make expungements pursuant to proposed law applicable to an arrest for a sex
offense as defined in present law (R.S. 15:541).
4. Relative to the expungement form for expedited expungements, remove proposed
law relative to the following:
(a)Objection to the Motion for Expungement.
(b)The applicability of a contradictory hearing.
5. Relative to the expungement form for expedited expungements, provide that
service shall be made on the following:
(a)The district attorney.
(b)The arresting agency.
(c)The parish sheriff.
(d)The La. Bureau of Criminal Identification and Information.
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(e)The attorney for the defendant (or the defendant).
(f)The clerk of court.
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