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 Engrossed 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 of the La. Rev. Statues 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 or any arrest for a sex offense as defined in present law (R.S. 15:541).
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 1000) 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.
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. Removes 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.