HB 435

HLS 26RS-686  ORIGINAL
 2026 Regular Session
 HOUSE BILL NO. 435
 BY REPRESENTATIVE CHASSION
 CRIMINAL/RECORDS: Provides relative to expungements
1AN ACT
2 To amend and reenact Code of Criminal Procedure Article 999(A) and 999.1, relative to
3expedited expungement; to provide for qualification of expedited expungement; and
4to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6Section 1. Code of Criminal Procedure Article 999(A) and 999.1 are hereby
7 amended and reenacted to read as follows:
8Art. 999. Expungement of arrest records for certain individuals
9A. A person shall be entitled to the expedited expungement of his arrest, at
10no cost to him, if the person meets all either of the following:
11(1) The person is seventeen years of age when the person is arrested or
12charged with any criminal offense as provided in Title 14 or 40 of the Louisiana
13Revised Statutes of 1950.
14(2) (1) The district attorney, for any reason, declined to prosecute all
15offenses arising out of that arrest, including the reason that the person successfully
16completed a pretrial diversion program.
17(3) (2) Prosecution was instituted and such proceedings have been finally
18disposed of by dismissal, sustaining of a motion to quash, or acquittal.
19*       *  *
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 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
 HLS 26RS-686  ORIGINAL
  HB NO. 435
1Art. 999.1. Order form to be used; expedited expungement
2JUDICIAL DISTRICT FOR THE PARISH OF
3______________________________
4No.: _____________  Division: "_______"
5State of Louisiana
6vs.
7_______________________________________________________
8ORDER OF EXPUNGEMENT UNDER
9CODE OF CRIMINAL PROCEDURE ARTICLE 999
10Pursuant to Code of Criminal Procedure Article 999, wherein all either of the
11following applies,
12(1) The defendant was seventeen years of age when the defendant was
13arrested or charged with any criminal offense as provided in Title 14 or 40 of the
14Louisiana Revised Statutes of 1950.
15(2) (1) The district attorney, for any reason, declined to prosecute all
16offenses arising out of that arrest, including the reason that the person successfully
17completed a pretrial diversion program.
18(3) (2) Prosecution was instituted and such proceedings have been finally
19disposed of by dismissal, sustaining of a motion to quash, or acquittal.
20IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the
21following charges and arrest on the dates provided herein be expunged.
22THUS ORDERED AND SIGNED, ADJUDGED, AND DECREED this
23____ day of ___________, 20 ____ at ______________, Louisiana,
24___________________________.
25___________________________
26JUDGE
27DEFENDANT INFORMATION:
28NAME:________________________________________________
29First  Middle  Last
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 CODING: Words in struck through type are deletions from existing law; words underscored
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 HLS 26RS-686  ORIGINAL
  HB NO. 435
1DATE OF BIRTH:_____________
2GENDER:_____________
3SS#___________________________
4RACE___________________________
5DRIVER'S LICENSE#___________________
6ARRESTING AGENCY___________________
7SID#___________________
8ARREST NUMBER (ATN)___________________
9AGENCY ITEM NO:________________________
10PLEASE SERVE:
111. District Attorney:________________________________________________
122. Arresting Agency:_______________________________________________
133. Parish Sheriff:_______________________________________
144.   Louisiana     Bureau     of     Criminal    Identification   and    Information
15_____________________________
165. Attorney for Defendant (or defendant)____________________________
176. Clerk of Court ____________________________
  DIGEST
 The digest printed below was prepared by House Legislative Services. It constitutes no part
 of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
 part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
 HB 435 Original  2026 Regular Session  Chassion
 Abstract: Changes the age requirement to qualify for expedited expungement.
 Present law provides for expedited expungement when the person is 17, the district attorney
 declined to prosecute, and prosecution was instituted and disposed of by dismissal, motion
 to quash, or acquittal.
 Proposed law removes the requirement that a person be 17 years old to receive an expedited
 expungement, and provides for expedited expungement when either the district attorney
 declined to prosecute or prosecution was instituted and disposed of by dismissal, motion to
 quash, or acquittal.
 Proposed law removes the requirement that a person be 17 years old from the Order of
 Expungement form as provided in present law (C.Cr.P. Art. 999.1).
 (Amends C.Cr.P. 999(A) and 999.1)
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 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.