2024 Regular Session ENROLLED
SENATE BILL NO. 116
BY SENATOR JACKSON-ANDREW S AND REPRESENTATIVE KNOX
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Art. 978(A)(2) and 992 and to enact
3 Code of Criminal Procedure Art. 978(F), relative to expungement of records; to
4 provide for the expungement of a felony record with another felony conviction
5 during the ten-year cleansing period under certain circumstances; to provide relative
6 to expungement forms; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Art. 978(A)(2) and 992 are hereby amended
9 and reenacted and Code of Criminal Procedure Art. 978(F) is hereby enacted to read as
10 follows:
11 Art. 978. Motion to expunge record of arrest and conviction of a felony offense
12 A. Except as provided in Paragraph B of this Article, a person may file a
13 motion to expunge his record of arrest and conviction of a felony offense if any of
14 the following apply:
15 * * *
16 (2) More than ten years have elapsed since the person completed any
17 sentence, deferred adjudication, or period of probation or parole based on the felony
18 conviction, and the person has not been convicted of any other criminal offense
19 during the ten-year for a period, of at least ten years preceding the motion and has
20 no criminal charge pending against him. The motion filed pursuant to this
21 Subparagraph shall include a certification obtained from the district attorney which
22 verifies that, to his knowledge, the applicant has no convictions during the ten-year
23 period immediately preceding the motion, and no pending charges under a bill of
24 information or indictment.
ACT No. 580
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1 * * *
2 F. A person shall be eligible to have more than one felony conviction
3 expunged in a ten-year period if each felony is eligible for expungement under
4 the provisions of this Article.
5 * * *
6 Art. 992. Order of expungement form to be used
7 STATE OF LOUISIANA
8 JUDICIAL DISTRICT FOR THE PARISH OF
9 ______________________________
10 No.: ____________ Division: "_______"
11 State of Louisiana
12 vs.
13 _______________________________________________________
14 ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD
15 Considering the Motion for Expungement
16 G The hearing conducted and evidence adduced herein, OR
17 G Affidavits of No Opposition filed,
18 IT IS ORDERED, ADJUDGED AND DECREED
G THE MOTION IS DENIED for No(s). ___, , , , 19 ________ for the following reasons (check all
20 that apply):
21 G More than five years have not elapsed since Mover completed the misdemeanor
22 conviction sentence.
23 G More than ten years have not elapsed since Mover completed the felony conviction
24 sentence.
25 G Mover was convicted of one of the following ineligible felony offenses:
26 G A violation of the Uniform Controlled Dangerous Substances Law which is ineligible
27 to be expunged.
28 G An offense currently listed as a sex offense that requires registration pursuant to R.S.
29 15:540 et seq., at the time the Motion was filed, regardless of whether the duty to
30 register was ever imposed.
31 G An offense defined or enumerated as a "crime of violence" pursuant to R.S. 14:2(B)
32 at the time the Motion was filed.
33 G The arrest and conviction being sought to have expunged is for operating a motor
34 vehicle while intoxicated and a copy of the proof from the Department of Public Safety
35 and Corrections, office of motor vehicles, is not attached as required by C.Cr.P. Art.
36 984(A).
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1 G Mover was convicted of a misdemeanor which arose from circumstances involving a
2 sex offense as defined in R.S. 15:541.
3 G Mover was convicted of misdemeanor offense of domestic abuse battery which was
4 not dismissed pursuant to C.Cr.P. Art. 894(B).
5 G Mover did not complete pretrial diversion.
6 G The charges against the mover were not dismissed or refused.
7 G Mover's felony conviction was not set aside and dismissed pursuant to C.Cr.P. Art.
8 893(E).
9 G Mover's felony conviction was not set aside and dismissed pursuant to C.Cr.P. Art.
10 894(B).
11 G Mover completed a DWI pretrial diversion program, but five years have not elapsed
12 since the mover's date of arrest.
13 G Mover's conviction for felony carnal knowledge of a juvenile is not defined as
14 misdemeanor carnal knowledge of a juvenile had the mover been convicted on or after
15 August 15, 2001.
16 G Mover was not convicted of a crime that would be eligible for expungement as
17 required by C.Cr.P. Art. 978(E)(1).
18 G Mover has criminal charges pending against him.
19 G Mover was convicted of a criminal offense during the ten-year period, excluding any
20 noncapital felony during the preceding ten-year period that would otherwise be
21 eligible for expungement pursuant to C.Cr.P. Art. 978(F).
22 G Mover received a first offender pardon but for an ineligible offense.
23 G Mover did not receive a first offender pardon.
24 G Denial for any other reason provided by law with attached reasons for denial.
25 G THE MOTION IS HEREBY GRANTED for No(s). ____________ and all agencies
26 are ordered to expunge the record of arrest/conviction and any photographs, fingerprints, or any
27 other such information of any kind maintained in connection with the Arrest(s)/Conviction(s)
28 in the above-captioned matter, which record shall be confidential and no longer considered a
29 public record, nor be available to other persons except a prosecutor, member of a law
30 enforcement agency, or a judge who may request such information in writing certifying that such
31 request is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
32 purpose of any other statutorily defined law enforcement or administrative duties, or for the
33 purpose of the requirements of sex offender registration and notification pursuant to the
34 provisions of R.S. 15:541 et seq. or upon an order of this Court to any other person for good
35 cause shown, or as otherwise authorized by law.
36 G THE MOTION IS HEREBY GRANTED FOR EXPUNGEMENT BY
37 REDACTION If the record includes more than one individual and the mover is entitled to expungement
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1 by redaction pursuant to Code of Criminal Procedure Article 985, for No(s). ____________ and all
2 agencies are ordered to expunge the record of arrest/conviction and any photographs, fingerprints, or any
3 other such information of any kind maintained in relation to the Arrest(s)/Conviction(s) in the above-
4 captioned matter as they relate to the mover only. The record shall be confidential and no longer
5 considered a public record, nor be available to other persons except a prosecutor, member of a law
6 enforcement agency, or a judge who may request such information in writing certifying that such request
7 is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose of any other
8 statutorily defined law enforcement or administrative duties, or for the purpose of the requirements of sex
9 offender registration and notification pursuant to the provisions of R.S. 15:541 et seq. or upon an order
10 of this Court to any other person for good cause shown, or as otherwise authorized by law.
11 NAME: _______________________________________________________
12 (Last, First, MI)
13
14 DOB:______/_____/______ (MM/DD/YY)
15
16 GENDER: _____ Female _____Male
17
18 SSN (last 4 digits): XXX-XX-_________
19
20 RACE: _________________
21
22 DRIVER LIC.# _________________
23
24 ARRESTING AGENCY: ______________________________________
25
26 SID# (if available): _________________
27
28 ARREST NUMBER (ATN): _________________
29
30 AGENCY ITEM NUMBER: _________________
31
32 ARREST DATE: ______/_____/______ (MM/DD/YY)
33
34
35 THUS ORDERED AND SIGNED this _____ day of _______________, 20____
36
37 at ________________________, Louisiana.
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1
2 ___________________________________
3 JUDGE
4
5 PLEASE SERVE:
6
7 1. District Attorney: ______________________________________________
8
9 2. Arresting Agency: _____________________________________________
10
11 3. Parish Sheriff:________________________________________________
12
13 4. Louisiana Bureau of Criminal Identification and Information___________
14
15 5. Attorney for Defendant (or defendant)_____________________________
16
17 6. Clerk of Court ____________________________
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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