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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. 992 and to enact Code of Criminal
3 Procedure Art. 978(F), relative to expungement of records; to provide for the
4 expungement of a felony record with another felony conviction during the ten-year
5 cleansing period under certain circumstances; to provide relative to expungement
6 forms; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Art. 992 is hereby amended and reenacted and
9 Code of Criminal Procedure Art. 978(F) is hereby enacted to read as follows:
10 Art. 978. Motion to expunge record of arrest and conviction of a felony offense
11 * * *
12 F. A person shall be eligible to have more than one felony conviction
13 expunged in a ten-year period if each felony is eligible for expungement under
14 the provisions of this Article. Nothing in this Subsection shall allow more than
15 one expungement for the crimes of aggravated battery, second degree battery,
16 aggravated criminal damage to property, or illegal use of weapons or dangerous
17 instrumentalities in a ten-year period.
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1 * * *
2 Art. 992. Order of expungement form to be used
3 STATE OF LOUISIANA
4 JUDICIAL DISTRICT FOR THE PARISH OF
5 ______________________________
6 No.: ____________ Division: "_______"
7 State of Louisiana
8 vs.
9 _______________________________________________________
10 ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD
11 Considering the Motion for Expungement
12 G The hearing conducted and evidence adduced herein, OR
13 G Affidavits of No Opposition filed,
14 IT IS ORDERED, ADJUDGED AND DECREED
G THE MOTION IS DENIED for No(s). ___, , , , 15 ________ for the following reasons (check all
16 that apply):
17 G More than five years have not elapsed since Mover completed the misdemeanor
18 conviction sentence.
19 G More than ten years have not elapsed since Mover completed the felony conviction
20 sentence.
21 G Mover was convicted of one of the following ineligible felony offenses:
22 G A violation of the Uniform Controlled Dangerous Substances Law which is ineligible
23 to be expunged.
24 G An offense currently listed as a sex offense that requires registration pursuant to R.S.
25 15:540 et seq., at the time the Motion was filed, regardless of whether the duty to
26 register was ever imposed.
27 G An offense defined or enumerated as a "crime of violence" pursuant to R.S. 14:2(B)
28 at the time the Motion was filed.
29 G The arrest and conviction being sought to have expunged is for operating a motor
30 vehicle while intoxicated and a copy of the proof from the Department of Public Safety
31 and Corrections, office of motor vehicles, is not attached as required by C.Cr.P. Art.
32 984(A).
33 G Mover was convicted of a misdemeanor which arose from circumstances involving a
34 sex offense as defined in R.S. 15:541.
35 G Mover was convicted of misdemeanor offense of domestic abuse battery which was
36 not dismissed pursuant to C.Cr.P. Art. 894(B).
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1 G Mover did not complete pretrial diversion.
2 G The charges against the mover were not dismissed or refused.
3 G Mover's felony conviction was not set aside and dismissed pursuant to C.Cr.P. Art.
4 893(E).
5 G Mover's felony conviction was not set aside and dismissed pursuant to C.Cr.P. Art.
6 894(B).
7 G Mover completed a DWI pretrial diversion program, but five years have not elapsed
8 since the mover's date of arrest.
9 G Mover's conviction for felony carnal knowledge of a juvenile is not defined as
10 misdemeanor carnal knowledge of a juvenile had the mover been convicted on or after
11 August 15, 2001.
12 G Mover was not convicted of a crime that would be eligible for expungement as
13 required by C.Cr.P. Art. 978(E)(1).
14 G Mover has criminal charges pending against him.
15 G Mover was convicted of a criminal offense during the ten-year period, excluding any
16 noncapital felony during the preceding ten-year period that would otherwise be
17 eligible for expungement pursuant to C.Cr.P. Art. 978(F).
18 G Mover received a first offender pardon but for an ineligible offense.
19 G Mover did not receive a first offender pardon.
20 G Denial for any other reason provided by law with attached reasons for denial.
21 G THE MOTION IS HEREBY GRANTED for No(s). ____________ and all agencies
22 are ordered to expunge the record of arrest/conviction and any photographs, fingerprints, or any
23 other such information of any kind maintained in connection with the Arrest(s)/Conviction(s)
24 in the above-captioned matter, which record shall be confidential and no longer considered a
25 public record, nor be available to other persons except a prosecutor, member of a law
26 enforcement agency, or a judge who may request such information in writing certifying that such
27 request is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
28 purpose of any other statutorily defined law enforcement or administrative duties, or for the
29 purpose of the requirements of sex offender registration and notification pursuant to the
30 provisions of R.S. 15:541 et seq. or upon an order of this Court to any other person for good
31 cause shown, or as otherwise authorized by law.
32 G THE MOTION IS HEREBY GRANTED FOR EXPUNGEMENT BY
33 REDACTION If the record includes more than one individual and the mover is entitled to expungement
34 by redaction pursuant to Code of Criminal Procedure Article 985, for No(s). ____________ and all
35 agencies are ordered to expunge the record of arrest/conviction and any photographs, fingerprints, or any
36 other such information of any kind maintained in relation to the Arrest(s)/Conviction(s) in the above-
37 captioned matter as they relate to the mover only. The record shall be confidential and no longer
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1 considered a public record, nor be available to other persons except a prosecutor, member of a law
2 enforcement agency, or a judge who may request such information in writing certifying that such request
3 is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose of any other
4 statutorily defined law enforcement or administrative duties, or for the purpose of the requirements of sex
5 offender registration and notification pursuant to the provisions of R.S. 15:541 et seq. or upon an order
6 of this Court to any other person for good cause shown, or as otherwise authorized by law.
7 NAME: _______________________________________________________
8 (Last, First, MI)
9
10 DOB:______/_____/______ (MM/DD/YY)
11
12 GENDER: _____ Female _____Male
13
14 SSN (last 4 digits): XXX-XX-_________
15
16 RACE: _________________
17
18 DRIVER LIC.# _________________
19
20 ARRESTING AGENCY: ______________________________________
21
22 SID# (if available): _________________
23
24 ARREST NUMBER (ATN): _________________
25
26 AGENCY ITEM NUMBER: _________________
27
28 ARREST DATE: ______/_____/______ (MM/DD/YY)
29
30
31 THUS ORDERED AND SIGNED this _____ day of _______________, 20____
32
33 at ________________________, Louisiana.
34
35
36 ___________________________________
37 JUDGE
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1 PLEASE SERVE:
2
3 1. District Attorney: ______________________________________________
4
5 2. Arresting Agency: _____________________________________________
6
7 3. Parish Sheriff:________________________________________________
8
9 4. Louisiana Bureau of Criminal Identification and Information___________
10
11 5. Attorney for Defendant (or defendant)_____________________________
12
13 6. Clerk of Court ____________________________
The original instrument was prepared by Alden A. Clement Jr. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jonathon Wagner.
DIGEST
SB 116 Engrossed 2024 Regular Session Jackson-Andrews
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.
(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 a person is eligible to have more than one felony expunged in
a 10-year period if each is otherwise eligible for expungement under present law.
Proposed law otherwise 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 preceding 10-year period that do not bar
expungement.
Effective August 1, 2024.
(Amends C.Cr.P. Art. 992, adds C.Cr.P. Art. 978(F))
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Allow a person to have multiple felonies expunged if each felony is
independently eligible for expungement.
2. Change present law form to allow felonies eligible for expungement under
proposed law to be expunged.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.