LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 604 HLS 21RS 850
Bill Text Version: RE-REENGROSSED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 31, 2021 2:37 PM Author: JAMES
Dept./Agy.: State Police/District Attorneys/Courts
Subject: Expungement of records Analyst: Rebecca Robinson
CRIMINAL/RECORDS RR INCREASE GF EX See Note Page 1 of 2
Provides relative to expungement of records
Proposed law provides for a comprehensive revision to the statutory provisions regarding the expungement of misdemeanor and felony
convictions. Provides for a petition-based expungement of a record of arrest that did not result in conviction. Provides for a petition-
based expungement of a record of arrest and conviction of misdemeanor and felony offenses. 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. Provides for government initiated expungement of a fingerprinted record of arrest that did not result in a
conviction, and a fingerprinted record of arrest and conviction of misdemeanor and felony offenses. Provides for a certificate of
compliance confirming a government initiated expungement of a fingerprinted record. Provides relative to the transmission of data to
complete and serve a government initiated fingerprinted and non-fingerprinted expungement. The implementation of the new
expungement process shall be as follows: 1) petition-based expungements in FY 22; 2) government initiated expungement of fingerprinted
records in FY 24; 3) government initiated expungement of non-fingerprinted records in FY 25; and 4) full implementation of the proposed
law in FY 26. [CONTINUED ON PAGE 2]
EXPENDITURES 2021-22 2022-23 2023-24 2024-25 2025-26 5 -YEAR TOTAL
State Gen. Fd. $4,441,348 $1,252,199 $1,259,891 $1,267,879 $1,288,872 $9,510,189
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 SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
REVENUES 2021-22 2022-23 2023-24 2024-25 2025-26 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
There will be an increase in the SGF expenditures by the Department of Public Safety Services - Louisiana State Police (LSP)
as a result of the proposed law. The proposed law provides a schedule of implementation over five years (FY 22 – FY 26)
and LSP reports an increase in SGF expenditures of approximately $2 M in FY 22 falling to approximately $670,000 in each
subsequent fiscal year. LSP reports a large workload increase to accomplish the duties described in the proposed law, which
will require overtime for existing employees as well as adding 5 new T.O. positions in FY 22 (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.
There will be an increase in the SGF expenditures of the Louisiana Supreme Court (LSC) as a result of the proposed law.
The Case Management Information System Division (CMIS division) at the LSC reports increased expenditures of
approximately $2.4 M in FY 22 falling to approximately $580,000 in each subsequent fiscal year. The CMIS division reports
increased expenditures of $2.2 M to enhance and upgrade the case management systems at the LSC, the district courts, and
the city courts; and an annual cost of $370,000 for maintenance of the upgraded system. 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
(Attorney and an Administrative Assistant). See table on page 2 for detailed expenditures. [CONTINUED ON PAGE 2]
REVENUE EXPLANATION
There will be a decrease in revenue to the statutorily dedicated Criminal Identification Fund of the Department of Public Safety - Louisiana
State Police (LSP) as a result of the proposed law. Beginning in FY 23 and FY 24, LSP reports they will begin to lose an indeterminable
amount of revenue as the phased automated expungement process is being implemented. In FY 25 and thereafter, LSP estimates an
annual revenue loss of approximately $1 M as a result of the removal of the $250 expungement fee to LSP.
There will likewise be an indeterminable decrease in self-generated revenue to local Sheriffs’ departments, District Attorneys’ offices, and
Clerks of Court as a result of the full implementation of the proposed law. Note: The Code of Criminal Procedure Article 983 provides for
the cost of expungements. The current total cost to obtain a court order expunging a record shall not exceed $550. The fees are
allocated as follows: LSP $250; Sheriff’s Department $50; District Attorney $50; and Clerk of Court $200. The proposed law amends CCP
Art. 983(I) and provides that a person shall not be charged any costs for a government-initiated expungement of their records; thereby
decreasing self-generated revenues to the local governmental entities listed above.
There will be an indeterminable decrease in self-generated revenue to the Office of Motor Vehicles with the repeal of the Code of Criminal
Procedure Article 984, which in present law provides for an additional $50 in court costs to be assessed for the expungement of records
involving the operation of a vehicle while intoxicated.
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}
Alan M. Boxberger
x 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} Staff Director
 LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 604 HLS 21RS 850
Bill Text Version: RE-REENGROSSED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 31, 2021 2:37 PM Author: JAMES
Dept./Agy.: State Police/District Attorneys/Courts
Subject: Expungement of records Analyst: Rebecca Robinson
CONTINUED EXPLANATION from page one: Page 2 of 2
[CONTINUED SUMMARY FROM PAGE 1]
Proposed law repeals Code of Criminal Procedure (CCRP) Article 978(B)(2)(b) effective 8/1/21; Article 978(E)(2) effective
8/1/24; and Articles 984 and 996 effective 8/1/23.
[CONTINUED EXPENDITURE EXPLANATION FROM PAGE 1]
There will be no significant fiscal impact to the office of the District Attorney as a result of the proposed measure. Any
workload adjustment can be absorbed within existing resources.
There may be an increase in the expenditures of the Clerks of Court offices statewide. The Louisiana Clerks of Court
Association (LCCA) reports an increased workload as a result of the proposed law and indicates the need for additional
employees at each Clerk’s office statewide. LCCA reports each office may need 1 to 2 additional employees at an annual
salary of $36,000 plus related benefits. The LFO cannot corroborate the workload adjustments provided by the LCCA.
The Louisiana Sheriffs’ Association (LSA) reports no fiscal impact on expenditures as a result of the proposed law. The LSA
reports each sheriff’s office can absorb any increased workload with existing resources.
Estimated expenditures for the Louisiana State Police
FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26
Salaries $179,505 $179,505 $179,505 $179,505 $179,505
Overtime $15,000 $15,000 $15,000 $15,000 $15,000
Related Benefits $124,585 $124,585 $124,585 $124,585 $124,585
Total Personnel Services $319,090 $319,090 $319,020 $319,020 $319,020
IAT (to OTS) $1,697,008 $351,500 $351,500 $351,500 $351,500
Other Operating Services,
Office Supplies, Acquisitions $20,805 $2,375 $2,375 $2,375 $12,700
Grand Total LSP Expenditures $2,036,923 $672,965 $672,965 $672,965 $685,665
Estimated Expenditures for the Louisiana Supreme Court - CMIS Division
FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26
Salaries $120,000 $124,800 $129,792 $134,984 $140,383
Related Benefits $81,325 $83,934 $86,634 $89,430 $92,324
Total Personnel Services $201,325 $208,734 $216,426 $224,414 $232,707
Office Supplies, Acquisitions $3,100 $500 $500 $500 $500
Upgrade/Enhancement
of case management
system and maintenance $2,200,000 $370,000 $370,000 $370,000 $370,000
Grand Total LSC Expenditures $2,404,425 $579,234 $586,926 $594,914 $603,207
Note: The CMIS Division is funded by the statutorily dedicated Trial Court Case Management Information Fund. The LSC
reports that the CMIS division’s revenue has been declining and they have operated at a deficit the past two fiscal years,
with LSC supplementing their budget. For this reason, the LFO assumes that these increased expenditures to the
CMIS division would be funded by the SGF.
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}
Alan M. Boxberger
x 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} Staff Director