Abstract: Provides for a comprehensive revision of expungement laws, including petition-based
and government-initiated criminal record-clearing.
Present law provides for the expungement of records of arrest and misdemeanor and felony
convictions in certain circumstances.
Proposed law provides for a comprehensive revision to present law provisions including the
following major changes:
(1) Provides for definitions for the following terms: arrest date, Case Management Information
System, certificate of compliance, criminal repository, fingerprinted record of arrest,
government-initiated expungement, non-fingerprinted record of arrest, petition-based
expungement, sentence date, and sentence duration.
(2) Provides for a petition-based expungement of record of arrest that did not result in
conviction.
(3) Provides for a petition-based expungement of a record of arrest and conviction of a
misdemeanor offense.
(4) Provides for a petition-based expungement of a record of arrest and conviction of a felony
offense.
(5) Provides relative to the costs associated for a petition-based expungement of a record, and
provides that a person shall not be charged any costs for a government-initiated expungement
of records.
(6) Amends certain present law forms to conform with proposed law changes.
(7) Provides relative to the process for a government-initiated expungement of a fingerprinted
record of arrest that did not result in a conviction.
(8) Provides relative to the process for a government-initiated expungement of a fingerprinted
record of arrest and conviction of misdemeanor and felony offenses.
(9) Provides for a certificate of compliance confirming a government-initiated expungement of
a fingerprinted record.
(10) Provides relative to the transmission of data to complete and serve a government-initiated
fingerprinted and non-fingerprinted expungement.
Proposed law provides for certain effective dates of proposed law.
(Amends C.Cr.P. Arts. 971(7), 974(B) and (C), 976, 977(A)(intro. para.) and (2), (B), and (C)(intro.
para.) and (1); 978(A)(intro. para.) and (2), (B)(intro. para.), (C), and (E)(1), 979(section heading),
980(section heading), 981, 982(section heading), 983(I), 985, 985.1(C), 986(A), 987, and 992; Adds
C.Cr.P. Arts. 971(8), 972(5) through (14), 976.1, 976.2, 977(A)(3), 977.1, 977.2, 978.1, 981.1,
981.2, 982.1, and 983(J); Repeals C.Cr.P. Arts. 978(E)(2), 984, and 996)