LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 707 HLS 22RS 694
Bill Text Version: RE-REENGROSSED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 25, 2022 8:25 AM Author: DUPLESSIS
Dept./Agy.: Public Safety, LA State Police and Supreme Court
Subject: Automated Expungement of Criminal Records Analyst: Patrice Thomas
CRIMINAL/RECORDS RR +$3,049,816 GF EX See Note Page 1 of 2
Provides relative to the expungement of criminal records
Beginning August 1, 2024, and every 30 days thereafter, proposed law provides for automated expungement of qualifying records (arrest
and misdemeanor and felony convictions) as follows: (1) the LA Bureau of Criminal Identification and Information within the Office of State
Police shall identify within its criminal repository database all records with final dispositions for individuals eligible for expungement; (2)
the Bureau shall send the records with final dispositions for individuals eligible for an expungement to the LA Supreme Court Case
Management Information System (CMIS); (3) within 30 days of receipt, the LA Supreme CMIS must send notice by mail or electronically
of all records expunged by automation to the Clerks of the district courts; (4) the Clerks shall verify and identify such records as expunged
by automation; (5) if the Clerks are unable to verify and identify any record, then the clerks shall notify CMIS and the Bureau that the
record is not expunged by automation; (6) the Clerks shall send notice of all records expunged by automation to the LA Supreme CMIS,
the Bureau, District Attorneys, Sheriffs, and arresting agency; and (7) the Sheriffs, and arresting agencies shall identify such records as
expunged by automation according to Code of Criminal Procedure (CCRP) Article 973, but not required to segregate or sequester records;
and (8) the District Attorneys shall acknowledge records as expunged by automation, but not required to segregate or sequester records.
EXPENDITURES 2022-23 2023-24 2024-25 2025-26 2026-27 5 -YEAR TOTAL
State Gen. Fd. $3,049,816 $1,477,530 $1,043,501 $1,065,988 $1,077,006 $7,713,841
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds INCREASE INCREASE INCREASE INCREASE INCREASE
Annual Total
REVENUES 2022-23 2023-24 2024-25 2025-26 2026-27 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other DECREASE DECREASE DECREASE DECREASE DECREASE
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds DECREASE DECREASE DECREASE DECREASE DECREASE
Annual Total
EXPENDITURE EXPLANATION
Proposed law will increase one-time expenditures by $1,731,880 (assumed to be SGF) and recurring expenditures by $476,266 within the
Department of Public Safety, LA State Police (LSP) in FY 23 as a result of implementing automated expungement of criminal records. LSP
reports a significant workload increase to accomplish the duties required in the proposed law, which will require overtime for existing
employees as well as adding 6 new T.O. positions in FY 23 (Criminal Records Analyst 2). LSP reports they will need to contract with the
Office of Technology Services (OTS) in order to upgrade their computer systems for fingerprints and criminal histories. See table on page
2 for detailed expenditures.
Proposed law will increase SGF expenditures within the LA Supreme Court (LSC) by $841,670 in FY 23 as a result of implementing
automated expungement of criminal records. The Case Management Information System (CMIS) Division at the LSC reports increased
expenditures of $1.2 M (split between FY 23 and FY 24) to enhance and upgrade the case management systems at the LSC and the clerks
of court; and an annual licensing cost of $150,000 beginning FY 25. The CMIS division also reports a large workload increase to
accomplish the duties described in the proposed law, which will require 2 new T.O. positions (staff Attorneys/Analysts). See table on page
2 for detailed expenditures.
Proposed law will increase Local Funds expenditures in the Clerk of Court offices. The LA Clerks of Court Association estimates that each
office would need one additional position for at least four years to implement this measure. See table on page 2 for detailed expenditures.
Expenditure Explanation Continues on Page 2
REVENUE EXPLANATION
Proposed law will result in an indeterminable decrease in self-generated revenue for the Department of Public Safety, LA State Police
(LSP), Clerks of Court, District Attorneys, and Sheriffs as a result of the proposed law. Currently, the Code of Criminal Procedure Article
983 provides for the cost of the expungement of a record. The current total cost to obtain a court order expunging a record shall not
exceed $550. The fees are disbursed as follows: State Police - $250; Sheriff’s department - $50; District Attorney - $50; and Clerk of
Court - $200. Code of Criminal Procedure Article 984(C) provides for an additional $50 fee to be paid to the Department of Public Safety,
Office of Motor Vehicles (OMV) for person’s filing for an expungement of a record involving the operation of a motor vehicle while
intoxicated. Proposed law provides for an automated expungement of criminal records from 2000 to 2021, which eliminates all fees
associated with obtaining the expungement of a record by person’s filing. The exact decrease in revenue for LSP and OMV as well as local
revenue is indeterminable as it is unknown the number of individuals who may file a motion for an expungement in the future that will
no longer file as a result of this measure.
Senate Dual Referral Rules House
x 13.5.1 >= $100,000 Annual Fiscal Cost {S & H} x 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
Evan Brasseaux
13.5.2 >= $500,000 Annual Tax or Fee 6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Interim Deputy Fiscal Officer
 LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 707 HLS 22RS 694
Bill Text Version: RE-REENGROSSED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 25, 2022 8:25 AM Author: DUPLESSIS
Dept./Agy.: Public Safety, LA State Police and Supreme Court
Subject: Automated Expungement of Criminal Records Analyst: Patrice Thomas
CONTINUED EXPLANATION from page one: Page 2 of 2
EXPENDITURE EXPLANATION Continued from Page 1
LA State Police (LSP) - $2,208,146 SGF ($1,731,880 one-time and $476,266 recurring) - Based on information from the Office of
Technology Services (OTS), DPS estimates it will require 1,300 work hours at a total cost of $105,508 (1,300 hours x $80 per hour x
1.45% Medicare) by an IT Management Consultant 1 and 1,300 work hours at a total cost of $195,000 (1,300 hours x $150 per hour) by
an IT Project Manager as well as additional servers and database at a total cost of $75,000 to assist with project management. Also, the
upgrades and modifications to the Computerized Criminal History (CCH) repository and the Automated Fingerprint Identification System
(AFIS) will be completed by an IT contractor at an estimated cost of $1,339,772.
The department reports overtime costs for current employees of $79,034 as well as needing 6 new positions at an annual cost of
$413,832. The staffing estimate includes $379,652 (salaries and related benefits), maintenance ($1,800), supplies ($1,800), uniforms
($4,800), telephones ($2,016), computer services ($7,164), and acquisition of office furniture ($9,600) and fax/printers ($7,000). See
Table below.
EXPENDITURES FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27
Personnel (6 new positions) $215,406 $219,714 $224,108 $228,591 $233,162
Overtime (existing positions) $77,904 $77,904 $77,904 $77,904 $77,904
Related Benefits $165,376 $167,141 $168,940 $170,775 $172,648
Personnel Sub-Total $458,686 $464,759 $470,952 $477,270 $483,714
Operating Services $1,800 $151,800 $151,800 $151,800 $151,800
Supplies $6,600 $6,600 $6,600 $6,600 $6,600
Professional Services $1,339,772
IAT - OTS $375,508
IAT - Telephones, Computers $9,180 $9,180 $9,180 $9,180 $9,180
Acquisitions $16,600 $0 $0 $6,000 $0
TOTAL $2,208,146 $632,339 $638,532 $650,850 $651,294
T.O. 6 6 6 6 6
Note: In subsequent fiscal years, the fiscal note presumes a 2% increase in salaries and related benefits as well as acquisitions of
replacement data equipment (printers, fax) in FY 26.
LA Supreme Court (LSC) - $841,670 SGF ($600,000 one-time and $241,670 recurring) - LSC reports upgrades and
enhancements to the clerk of courts’ CMIS to report expunged records automatically of $1.2 M and an annual license of $150,000 in
subsequent fiscal years. To implement the proposed law, LSC reports needing 2 new positions to work with the Clerks of Courts beginning
in FY 23 with salary and related benefits of $233,990. The additional staff will need equipment and software equipment ($3,690 per
position) and supplies ($150 per position).
EXPENDITURES FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27
Personnel (2 new positions) $140,000 $145,600 $151,424 $157,481 $163,780
Related Benefits $93,990 $97,750 $101,660 $105,726 $109,955
Personnel Sub-Total $233,990 $243,350 $253,084 $263,207 $273,735
Supplies $300 $307 $315 $322 $330
Professional Services $600,000 $600,000 $150,000 $150,000 $150,000
Computers/Software Equip $7,380 $1,534 $1,571 $1,608 $1,647
TOTAL $841,670 $845,191 $404,969 $415,138 $425,712
T.O. 2 2 2 2 2
Note: In subsequent fiscal years, the fiscal note presumes a 4% increase in salaries and related benefits as well as computer and software
equipment.
Clerk of Courts - $3,548,160 Local Funds - To implement the proposed law, the LA Clerk of Courts Association reports each of the 64
parish clerk of courts will need at least one additional position to process the approximately 2,595,846 records from 2000 to 2021 that
would be eligible for automated expungement. The average annual costs of a clerk position is $55,440 ($36,000 salary and $19,440
related benefits), with a total costs of $3,548,160 ($55,440 x 64 positions, one per parish). The Association reports that it will take 4
years to process the approximately 2.5 M records.
District Attorneys - There is no anticipated direct material effect on governmental expenditures as a result of this measure. The LA
District Attorney Association (LDAA) reports any fiscal impact of the proposed bill will be negligible.
Senate Dual Referral Rules House
x 13.5.1 >= $100,000 Annual Fiscal Cost {S & H} x 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
Evan Brasseaux
13.5.2 >= $500,000 Annual Tax or Fee 6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Interim Deputy Fiscal Officer