Tag: Senate Bill 111

Louisiana Clean Slate Law Passes Legislature and Awaits Governor’s Signature June 20, 2023 Louisiana's legislature recently passed a bill providing an automated process for individuals to expunge certain offenses. This new system could significantly reduce individuals' burden when manually requesting expungements. However, the legislation must wait for a signature from the state's Governor before becoming law. Under Senate Bill 111, also known as the Clean Slate law, the state will provide a method for those with certain non-violent criminal records to request an expungement. It would require the Louisiana Bureau of Criminal Identification and Information to identify all records within its criminal repository database. This search would find records that qualify for expungement under the state's existing regulations provided in the Code of Criminal Procedure Articles 976, 977, and 978. This search includes expungements for records of arrests that did not result in a conviction, records of arrest and conviction for certain misdemeanor offenses, and arrests and convictions for certain felony offenses. Individuals must remain free of disqualifying convictions during a provided waiting period to qualify. This period depends on the completion of their sentence, deferred adjudication, probation, or parole. Under the existing expungement law, individuals qualify for expungement of misdemeanor offenses five years after completion of any sentence. However, this law excludes convictions arising from sex offenses, domestic abuse battery, and stalking. Similarly, individuals may qualify for expungements of non-violent felony arrest and conviction records after completing a ten-year waiting period. This permission excludes sex offenses against a minor, domestic abuse battery, and most Uniform Controlled Dangerous Substances Law violations. Under this new process, an individual may submit an expungement request with the "Louisiana Bureau of Criminal Identification and Information for expungement through the automated process. The form shall contain the defendant's name, date of birth, last four digits of their social security number, arrest date, and case number." The proposed process also stated, "Within thirty (30) days of receipt of the request, the Louisiana Bureau of Criminal Identification and Information shall expunge any eligible records identified in Paragraph A of this Article and shall send the records with a Case Management Information System number and final dispositions to the Louisiana Supreme Court Case Management Information System." From receiving this notice, the state's Supreme Court will have 30 days to send notice to the clerks of the district courts to expunge these records. The provisions would take effect immediately if signed into law by the Governor. However, the automated system will not accept submissions for expungement until January 1, 2025. Until then, employers should consider reviewing their screening procedures and whether they give those with criminal records a fair chance at employment. The best way to get started is to partner with a screening provider experienced with second-chance hiring programs. Discover the benefits of Pre-employ’s seamless background checks for your business. Contact a Sales representative today. Source

Tag: Senate Bill 111

Louisiana Clean Slate Law Passes Legislature and Awaits Governor’s Signature

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