SLS 24RS-15 ORIGINAL
2024 Regular Session
SENATE BILL NO. 116
BY SENATOR JACKSON-ANDREW S
CRIMINAL RECORDS. Provides relative to the expungement of felony convictions.
(8/1/24)
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Art. 978(A)(2) and (E)(1)(b) and (2) and
3 992, relative to expungement of records; to provide for the expungement of a felony
4 record with another felony conviction during the ten-year cleansing period under
5 certain circumstances; to provide relative to expungement forms; and to provide for
6 related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Art. 978(A)(2) and (E)(1)(b) and (2) and 992
9 are hereby amended and reenacted to read as follows:
10 Art. 978. Motion to expunge record of arrest and conviction of a felony offense
11 A. Except as provided in Paragraph B of this Article, a person may file a
12 motion to expunge his record of arrest and conviction of a felony offense if any of
13 the following apply:
14 * * *
15 (2)(a) More than ten years have elapsed since the person completed any
16 sentence, deferred adjudication, or period of probation or parole based on the felony
17 conviction, and, except as provided in Subsubparagraph (c) of this
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1 Subparagraph, the person has not been convicted of any other criminal offense
2 during the ten-year period, and the person has no criminal charge pending against
3 him.
4 (b) The motion filed pursuant to this Subparagraph shall include a
5 certification obtained from the district attorney which verifies that, to his knowledge,
6 the applicant has no convictions during the ten-year period and no pending charges
7 under a bill of information or indictment. For purposes of this certification,
8 "convictions" shall not include any conviction described in Subsubparagraph
9 (c) of this Subparagraph.
10 (c) A conviction of a noncapital felony for which the sentence was
11 suspended pursuant to Code of Criminal Procedure Article 893(A) or (B) within
12 the ten-year period provided for in this Subparagraph shall not operate as a bar
13 to an expungement pursuant to this Subparagraph.
14 * * *
15 E.(1) Notwithstanding any other provision of law to the contrary, after a
16 contradictory hearing, the court may order the expungement of the arrest and
17 conviction records of a person pertaining to a conviction of aggravated battery,
18 second degree battery, aggravated criminal damage to property, simple robbery,
19 purse snatching, or illegal use of weapons or dangerous instrumentalities if all of the
20 following conditions are proven by the petitioner:
21 * * *
22 (b) The person has not been convicted of any other criminal offense during
23 the ten-year period, except that a conviction of a noncapital felony for which the
24 sentence was suspended pursuant to Code of Criminal Procedure Article 893(A)
25 or (B) within the ten-year period shall not operate as a bar to an expungement
26 pursuant to this Subparagraph.
27 * * *
28 (2) The motion filed pursuant to this Paragraph shall include a certification
29 from the district attorney which verifies that, to his knowledge, the applicant has no
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1 convictions during the ten-year period and no pending charges under a bill of
2 information or indictment. For purposes of this certification, "convictions" shall
3 not include any conviction of a noncapital felony for which the sentence was
4 suspended pursuant to Code of Criminal Procedure Article 893(A) or (B) within
5 the ten-year period. The motion shall be heard by contradictory hearing as provided
6 by Code of Criminal Procedure Article 980.
7 * * *
8 Art. 992. Order of expungement form 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 ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD
17 Considering the Motion for Expungement
18 G The hearing conducted and evidence adduced herein, OR
19 G Affidavits of No Opposition filed,
20 IT IS ORDERED, ADJUDGED AND DECREED
G THE MOTION IS DENIED for No(s). ___, , , , 21 ________ for the following reasons (check all
22 that apply):
23 G More than five years have not elapsed since Mover completed the misdemeanor
24 conviction sentence.
25 G More than ten years have not elapsed since Mover completed the felony conviction
26 sentence.
27 G Mover was convicted of one of the following ineligible felony offenses:
28 G A violation of the Uniform Controlled Dangerous Substances Law which is ineligible
29 to be expunged.
30 G An offense currently listed as a sex offense that requires registration pursuant to R.S.
31 15:540 et seq., at the time the Motion was filed, regardless of whether the duty to
32 register was ever imposed.
33 G An offense defined or enumerated as a "crime of violence" pursuant to R.S. 14:2(B)
34 at the time the Motion was filed.
35 G The arrest and conviction being sought to have expunged is for operating a motor
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1 vehicle while intoxicated and a copy of the proof from the Department of Public Safety
2 and Corrections, office of motor vehicles, is not attached as required by C.Cr.P. Art.
3 984(A).
4 G Mover was convicted of a misdemeanor which arose from circumstances involving a
5 sex offense as defined in R.S. 15:541.
6 G Mover was convicted of misdemeanor offense of domestic abuse battery which was
7 not dismissed pursuant to C.Cr.P. Art. 894(B).
8 G Mover did not complete pretrial diversion.
9 G The charges against the mover were not dismissed or refused.
10 G Mover's felony conviction was not set aside and dismissed pursuant to C.Cr.P. Art.
11 893(E).
12 G Mover's felony conviction was not set aside and dismissed pursuant to C.Cr.P. Art.
13 894(B).
14 G Mover completed a DWI pretrial diversion program, but five years have not elapsed
15 since the mover's date of arrest.
16 G Mover's conviction for felony carnal knowledge of a juvenile is not defined as
17 misdemeanor carnal knowledge of a juvenile had the mover been convicted on or after
18 August 15, 2001.
19 G Mover was not convicted of a crime that would be eligible for expungement as
20 required by C.Cr.P. Art. 978(E)(1).
21 G Mover has criminal charges pending against him.
22 G Mover was convicted of a criminal offense during the ten-year period, excluding any
23 noncapital felony for which sentence was suspended pursuant to C.Cr.P. Art.
24 893(A) or (B).
25 G Mover received a first offender pardon but for an ineligible offense.
26 G Mover did not receive a first offender pardon.
27 G Denial for any other reason provided by law with attached reasons for denial.
28 G THE MOTION IS HEREBY GRANTED for No(s). ____________ and all agencies
29 are ordered to expunge the record of arrest/conviction and any photographs, fingerprints, or any
30 other such information of any kind maintained in connection with the Arrest(s)/Conviction(s)
31 in the above-captioned matter, which record shall be confidential and no longer considered a
32 public record, nor be available to other persons except a prosecutor, member of a law
33 enforcement agency, or a judge who may request such information in writing certifying that such
34 request is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
35 purpose of any other statutorily defined law enforcement or administrative duties, or for the
36 purpose of the requirements of sex offender registration and notification pursuant to the
37 provisions of R.S. 15:541 et seq. or upon an order of this Court to any other person for good
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1 cause shown, or as otherwise authorized by law.
2 G THE MOTION IS HEREBY GRANTED FOR EXPUNGEMENT BY
3 REDACTION If the record includes more than one individual and the mover is entitled to expungement
4 by redaction pursuant to Code of Criminal Procedure Article 985, for No(s). ____________ and all
5 agencies are ordered to expunge the record of arrest/conviction and any photographs, fingerprints, or any
6 other such information of any kind maintained in relation to the Arrest(s)/Conviction(s) in the above-
7 captioned matter as they relate to the mover only. The record shall be confidential and no longer
8 considered a public record, nor be available to other persons except a prosecutor, member of a law
9 enforcement agency, or a judge who may request such information in writing certifying that such request
10 is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose of any other
11 statutorily defined law enforcement or administrative duties, or for the purpose of the requirements of sex
12 offender registration and notification pursuant to the provisions of R.S. 15:541 et seq. or upon an order
13 of this Court to any other person for good cause shown, or as otherwise authorized by law.
14 NAME: _______________________________________________________
15 (Last, First, MI)
16
17 DOB:______/_____/______ (MM/DD/YY)
18
19 GENDER: _____ Female _____Male
20
21 SSN (last 4 digits): XXX-XX-_________
22
23 RACE: _________________
24
25 DRIVER LIC.# _________________
26
27 ARRESTING AGENCY: ______________________________________
28
29 SID# (if available): _________________
30
31 ARREST NUMBER (ATN): _________________
32
33 AGENCY ITEM NUMBER: _________________
34
35 ARREST DATE: ______/_____/______ (MM/DD/YY)
36
37
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1 THUS ORDERED AND SIGNED this _____ day of _______________, 20____
2
3 at ________________________, Louisiana.
4
5
6 ___________________________________
7 JUDGE
8
9 PLEASE SERVE:
10
11 1. District Attorney: ______________________________________________
12
13 2. Arresting Agency: _____________________________________________
14
15 3. Parish Sheriff:________________________________________________
16
17 4. Louisiana Bureau of Criminal Identification and Information___________
18
19 5. Attorney for Defendant (or defendant)_____________________________
20
21 6. Clerk of Court ____________________________
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 116 Original 2024 Regular Session Jackson-Andrews
Present law provides that, when it appears to be in the best interest of the public and of the
defendant, the court may suspend the imposition or execution of sentence for conviction of
certain noncapital felonies under certain circumstances. Present law further provides that the
court cannot suspend the sentence for certain felony convictions under certain circumstances,
including certain crimes of violence and sex offenses.
Proposed law retains present law.
Present law authorizes a person to file a motion to expunge his record of arrest and
conviction of a felony offense under the following circumstances:
(1)More than 10 years have elapsed since the person completed any sentence, deferred
adjudication, or period of probation or parole.
(2)The person has not been convicted of any other criminal offense during the 10-year
period.
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(3)The person has no criminal charge pending against him.
Present law requires that the motion for expungement include a certification obtained from
the district attorney verifying that the applicant has no convictions during the 10-year period
and no pending charges.
Proposed law provides that conviction of a noncapital felony during the 10-year cleansing
period, for which the sentence was suspended because it was in the best interest of the public
and the defendant, does not bar an expungement.
Proposed law otherwise retains present law.
Present law authorizes the court to order the expungement of the arrest and conviction
records of a person pertaining to a conviction of aggravated battery, second degree battery,
aggravated criminal damage to property, simple robbery, purse snatching, or illegal use of
weapons or dangerous instrumentalities if all of the following conditions are proven by the
petitioner:
(1)More than 10 years have elapsed since the person completed any sentence, deferred
adjudication, or period of probation or parole based on the felony conviction.
(2)The person has not been convicted of any other criminal offense during the 10-year
period.
(3)The person has no criminal charge pending against him.
Present law requires that the motion for expungement include a certification from the district
attorney which verifies that the applicant has no convictions during the 10-year period and
no pending charges. Present law provides that the motion will be heard by contradictory
hearing.
Proposed law provides that conviction of a noncapital felony during the 10-year cleansing
period, for which the sentence was suspended because it was in the best interest of the public
and the defendant, does not bar an expungement.
Proposed law otherwise retains present law.
Present law provides that the record of arrest and conviction for certain felony offenses,
including most crimes of violence, a sex offense against a minor, certain drug offenses, and
domestic abuse battery, cannot be expunged.
Proposed law retains present law.
Present law provides a form for the order of expungement to be used by the court.
Proposed law retains present law and adds a provision to conform to proposed law relative
to noncapital felony convictions during the 10-year cleansing period that do not bar
expungement.
Effective August 1, 2024.
(Amends C.Cr.P. Art. 978(A)(2) and (E)(1)(b) and (2) and 992)
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