ENROLLED
ACT No. 270
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
1 AN ACT
2 To 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.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Code of Criminal Procedure Articles 972 and 983(G) are hereby amended
10 and reenacted and Code of Criminal Procedure Articles 999 and 999.1 are hereby enacted
11 to 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.
Page 1 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 553 ENROLLED
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 * * *
Page 2 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 553 ENROLLED
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.
Page 3 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 553 ENROLLED
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:_______________________________________
29 4. Louisiana Bureau of Criminal Identification and Information
30 ____________________________
Page 4 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 553 ENROLLED
1 5. Attorney for Defendant (or defendant)____________________________
2 6. Clerk of Court ____________________________
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 5 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.