The legislative instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jonathon Wagner.
CONFERENCE COMMITTEE REPORT DIGEST
SB 116 2024 Regular Session Jackson-Andrews
Keyword and summary of the bill as proposed by the Conference Committee
CRIMINAL RECORDS. Provides relative to the expungement of felony convictions.
(8/1/24)
Report rejects House amendments which would have:
1. Added provisions relative to filing a motion for expungement after 10 years
since completion of sentence, deferred adjudication, or period of probation or parole
and for certification by the district attorney.
Report amends the bill to:
1. Make technical changes.
2. Provide that a person seeking expungement of a felony conviction has not been
convicted of any other criminal offense for a period of 10 years immediately
preceding the motion for expungement.
3. Delete proposed law prohibiting more than one expungement for certain offenses.
Digest of the bill as proposed by the Conference Committee
Present law authorizes a person to file a motion to expunge his record of arrest and conviction of a
felony offense under the following circumstances:
(1) More than 10 years have elapsed since the person completed any sentence, deferred
adjudication, or period of probation or parole.
(2) The person has not been convicted of any other criminal offense during the 10-year period.
(3) The person has no criminal charge pending against him.
Present law requires that the motion for expungement include a certification obtained from the
district attorney verifying that the applicant has no convictions during the 10-year period and no
pending charges.
Proposed law requires no felony conviction during the 10-year period immediately preceding the
motion to expunge.
Proposed law further provides that a person is eligible to have more than one felony conviction
expunged in a 10-year period if each conviction is otherwise eligible for expungement under present
law.
Proposed law otherwise retains present law.
Present law provides a form for the order of expungement to be used by the court.
Proposed law retains present law and adds a provision to conform to proposed law relative to
noncapital felony convictions during the preceding 10-year period that do not bar expungement.
Effective August 1, 2024.
(Amends C.Cr.P. Art. 978(A)(2) and 992; adds C.Cr.P. Art. 978(F))