Louisiana 2012 Regular Session

Louisiana Senate Bill SB606

Introduced
3/12/12  
Refer
3/12/12  
Report Pass
4/24/12  
Engrossed
5/1/12  
Refer
5/2/12  

Caption

Provides relative to expungement of records. (gov sig) (RE1 NO IMPACT See Note)

Impact

This bill would significantly impact individuals with misdemeanor records by facilitating a quicker path to expungement, thereby allowing for the restoration of rights and improving opportunities for employment and housing. The adjustment in the waiting period particularly benefits those who have faced challenges reintegrating into society after completing their sentences. By shifting the authority for contradictory hearings from law enforcement agencies to the district attorney, the bill aims to streamline the expungement process, thereby reducing bureaucratic delays.

Summary

Senate Bill 606, proposed by Senator Morrell, aims to amend existing laws regarding the expungement of arrest records in Louisiana. The bill reduces the waiting period for a person seeking to expunge a misdemeanor arrest record from five years to two years following the completion of their sentence, probation, or parole. It establishes clearer procedures for individuals to petition for expungement by requiring a written request to the district attorney for a verification certificate that the individual has no felony convictions or pending charges. Following this request, the district attorney must respond within 30 days, either providing the verification or scheduling a contradictory hearing.

Sentiment

The sentiment surrounding SB 606 appears to be predominantly supportive among advocacy groups and legislators who prioritize criminal justice reform. They argue that easing the expungement process is a necessary step toward reducing barriers faced by individuals with criminal records. However, there may be contention among those who support maintaining stricter regulations surrounding expungements, particularly concerned with the implications for public safety and the perception of justice for victims of crime.

Contention

Notable points of contention include the potential for the bill to impact victims from crimes related to misdemeanor convictions if individuals are granted quicker access to expungement. While the bill maintains prohibitions against expungement for certain offenses, such as those involving domestic violence or sexual offenses, there may still be skepticism about the adequacy of these protections. The debate highlights a broader discussion on balancing rehabilitation for offenders with justice for victims.

Companion Bills

No companion bills found.

Previously Filed As

LA HB604

Provides relative to expungement of records (RR1 INCREASE GF EX See Note)

LA SB154

Provides with respect to the expungement of juvenile records. (8/1/12)

LA SB112

Provides procedure for expungement of certain criminal records. (gov sig)

LA SB220

Provides relative to expungement. (8/1/20)

LA HB774

Provides relative to expungements for certain amounts of possession of marijuana (RE NO IMPACT See Note)

LA HB416

Provides relative to expungement of criminal records (EN NO IMPACT See Note)

LA SB403

Provides relative to expungement of certain records. (8/1/12)

LA HB241

Provides relative to expungement of records

LA SB267

Exempts an applicant over the age of 65 from fee for expungement of arrest record. (gov sig) (OR DECREASE SG RV See Note)

LA HB377

Provides relative to expungements

Similar Bills

LA HB54

Provides relative to the discretion of the district attorney to prosecute a juvenile as an adult for certain offenses

LA SB506

Provides relative to staying discovery in civil proceedings for cause shown by district attorney or defendant in a related criminal matter. (8/1/12)

LA HB120

Provides relative to pretrial procedures regarding the right to a speedy trial

LA HB46

Provides relative to certain pretrial procedures

LA HB55

Revises provisions of law regarding expungement (EN SEE FISC NOTE RV See Note)

LA HB722

Provides relative to certain pretrial procedures

LA HB309

Provides relative to rights of victims of criminal offenses

LA HB195

Provides relative to probation and the defendant's eligibility to earn compliance credits or early termination (EG INCREASE GF EX See Note)