Allows a judge to waive or reduce an expungement fee imposed by the bureau of criminal identification and information, the district attorney, and the sheriff. (8/15/10)
Impact
The implications of SB 643 are significant in terms of enhancing access to expungement. It particularly impacts individuals with criminal records by potentially lowering the financial burden that can prevent them from pursuing expungement. Currently, fees are applied uniformly by multiple entities involved in the expungement process. The bill mandates that any waiver or reduction in fees must be proportionate across these entities, ensuring that the financial relief is equally shared. This is expected to streamline the process and make it more equitable for those who seek to clear their records.
Summary
Senate Bill 643, proposed by Senator Morrell, is aimed at addressing the financial barriers faced by individuals seeking to expunge their criminal records. The bill allows judges to waive or reduce the expungement fees that are imposed by the bureau of criminal identification and information, as well as by the district attorney and the sheriff. By enabling judges to exercise discretion in this manner, the bill seeks to promote fair access to the legal process for those who may struggle to afford the associated costs, thus facilitating their reintegration into society.
Sentiment
The sentiment surrounding SB 643 appears to favor the provisions it introduces. Supporters argue that it reflects a progressive approach toward criminal justice reform by acknowledging the importance of second chances. There is a shared belief that removing financial obstacles can lead to better outcomes for individuals attempting to rebuild their lives. However, there may be concerns raised by some stakeholders about the potential implications for the funding of the involved agencies, which rely on these fees for their operations.
Contention
While the bill presents a necessary step in aiding individuals seeking expungement, it may also generate discussion around the sustainability of funding for the bureaucratic entities involved in the process. Some opponents may argue that removing or reducing fees could lead to budgetary challenges for the bureau of criminal identification, district attorneys, and sheriff departments. Thus, the bill incites a dialogue about balancing the need for judicial discretion with the financial realities of public service funding and the operations of these law enforcement agencies.
Provides relative to system upgrades to the Louisiana Bureau of Criminal Identification and Information and the Louisiana Supreme Court Case Management Information System to the expungement process. (8/1/23) (EN INCREASE GF EX See Note)