2023 Louisiana Laws › Code of Criminal Procedure › Art. 983. Costs of expungement of a record; fees; collection; exemptions; disbursements

Art. 983. Costs of expungement of a record; fees; collection; exemptions; disbursements
A. Except as provided for in Articles 894 and 984, the total cost to obtain a court order expunging a record shall not exceed five hundred fifty dollars. Payment may be made by United States postal money orders or money orders issued by any state or national bank or by checks issued by a law firm or an attorney.
B. The nonrefundable processing fees for a court order expunging a record shall be as follows:
(1) The Louisiana Bureau of Criminal Identification and Information may charge a processing fee of two hundred fifty dollars for the expungement of any record of arrest when ordered to do so by the court in compliance with the provisions of this Title.
(2) The sheriff may charge a processing fee of fifty dollars for the expungement of any record of arrest when ordered to do so by the court in compliance with the provisions of this Title.
(3) The district attorney may charge a processing fee of fifty dollars for the expungement of any record of arrest when ordered to do so by the court in compliance with the provisions of this Title.
(4) The clerk of court may charge a processing fee not to exceed two hundred dollars to cover the clerk's costs of the expungement.
C. The clerk of court shall collect all processing fees at the time the motion for expungement is filed.
D.(1) The clerk shall immediately direct the collected processing fee provided for in Subparagraph (B)(1) of this Article to the Louisiana Bureau of Criminal Identification and Information, and the processing fee amount shall be deposited immediately upon receipt into the Criminal Identification and Information Dedicated Fund Account.
(2) The clerk shall immediately direct the collected processing fees provided for in Subparagraphs (B)(2) and (3) of this Article to the sheriff and the district attorney, and the processing fee amount shall be remitted immediately upon receipt in equal proportions to the office of the district attorney and the sheriff's general fund.
E. The processing fees provided for by this Article are nonrefundable and shall not be returned even if the court does not grant the motion for expungement.
F. An applicant for the expungement of a record shall not be required to pay any fee to the clerk of court, the Louisiana Bureau of Criminal Identification and Information, sheriff, the district attorney, or any other agency to obtain or execute an order of a court of competent jurisdiction to expunge the arrest from the individual's arrest record if a certification obtained from the district attorney is presented to the clerk of court which verifies that the applicant has no felony convictions and no pending felony charges under a bill of information or indictment and at least one of the following applies:
(1) The applicant was acquitted, after trial, of all charges derived from the arrest, including any lesser and included offense.
(2) The district attorney consents, and the case against the applicant was dismissed or the district attorney declined to prosecute the case prior to the time limitations prescribed in Chapter 1 of Title XVII of this Code, and the applicant did not participate in a pretrial diversion program.
(3) The applicant was arrested and was not prosecuted within the time limitations prescribed in Chapter 1 of Title XVII of this Code and did not participate in a pretrial diversion program.
(4) Repealed by Acts 2022, No. 36, §2.
(5) Concerning the arrest record which the applicant seeks to expunge, the applicant was determined by the district attorney to be a victim of a violation of R.S. 14:67.3 (unauthorized use of "access card"), a violation of R.S. 14:67.16 (identity theft), a violation of R.S. 14:70.4 (access device fraud), or a violation of any other crime which involves the unlawful use of the identity or personal information of the applicant.
G. Notwithstanding any other provision of law to the contrary, a juvenile who has successfully completed any juvenile drug court program operated by a court of this state shall be exempt from payment of the processing fees otherwise authorized by this Article.
H. Human trafficking victim request for certification and application for expungement.
(1) An applicant for the expungement of a record of offense who was a victim of human trafficking, in accordance with R.S. 14:46.2, may request a certification from the prosecuting authority that the offense for which the expungement is sought was committed, in substantial part, as the result of the applicant being a victim of human trafficking in accordance with R.S. 14:46.2.
(2) To obtain certification, the applicant has the burden of establishing by a preponderance of the evidence to the prosecuting authority that the offense was committed, in substantial part, as the result of the applicant being a victim of human trafficking in accordance with R.S. 14:46.2.
(3) The certification shall be prima facie evidence that similar eligible crimes committed within other Louisiana jurisdictions during the time period the applicant was a victim of human trafficking were committed, in substantial part, as the result of the applicant being a victim of human trafficking in accordance with R.S. 14:46.2.
(4) All applicable time delays pertaining to expungement provided by Articles 977 and 978 shall be waived when the certification is presented to the clerk of court with the application for expungement.
(5) An applicant for the expungement of a record of offense who was a victim of human trafficking, in accordance with R.S. 14:46.2, shall not be required to pay any fees relative to the application for expungement to the clerk of court, the Louisiana Bureau of Criminal Identification and Information, the sheriff, the district attorney, or any other agency.
(6) Utilization of the process outlined within this Paragraph shall not preclude any applicant from seeking additional expungement to which the applicant may be entitled, in accordance with law.
(7) The Louisiana District Attorneys Association shall annually submit a report to the legislature, no later than February first, that includes the number of applications for, denials of, and approvals of the certification provided for by this Paragraph for the prior year.
I. Notwithstanding any other provision of law to the contrary, a person who was determined to be factually innocent and entitled to compensation for a wrongful conviction pursuant to the provisions of R.S. 15:572.8 shall be exempt from payment of the processing fees otherwise authorized by this Article.
J. Notwithstanding any other provision of law to the contrary, a person who has been granted a pardon shall be exempt from payment of the processing fees otherwise authorized by this Article. However, no person granted a first offender pardon pursuant to Article IV, Section 5(E)(1) of the Constitution of Louisiana shall be exempt from payment of the processing fees otherwise authorized by this Article.
K. If an application for an expungement of a record includes two or more offenses arising out of the same arrest, including misdemeanors, felonies, or both, the applicant shall be required to pay only one fee as provided for by this Article.
L. Notwithstanding any provision of law to the contrary, an applicant for the expungement of a record, other than as provided in Paragraphs F and G of this Article, may proceed in forma pauperis in accordance with the provisions of Code of Civil Procedure Article 5181 et seq.
M.(1) Notwithstanding Paragraph B of this Article, the total cost to obtain a court order expunging a record of a misdemeanor conviction for a first offense possession of marijuana, tetrahydrocannabinol, or chemical derivatives thereof shall not exceed three hundred dollars. The nonrefundable processing fees for a court order expunging such record shall be as follows:
(a) The Louisiana Bureau of Criminal Identification and Information may charge a processing fee of fifty dollars for the expungement of the record when ordered to do so by the court in compliance with the provisions of this Title.
(b) The sheriff may charge a processing fee of fifty dollars for the expungement of the record when ordered to do so by the court in compliance with the provisions of this Title.
(c) The district attorney may charge a processing fee of fifty dollars for the expungement of the record when ordered to do so by the court in compliance with the provisions of this Title.
(d) The clerk of court may charge a processing fee of one hundred fifty dollars to cover the clerk's costs of the expungement.
(2) The clerk of court shall collect all processing fees at the time the motion for expungement is filed.
(3) The clerk shall immediately direct the collected processing fee provided for in Subsubparagraph (1)(a) of this Paragraph to the Louisiana Bureau of Criminal Identification and Information, and the processing fee amount shall be deposited immediately upon receipt into the Criminal Identification and Information Dedicated Fund Account.
(4) The clerk shall immediately direct the collected processing fees provided for in Subsubparagraphs (1)(b) and (c) of this Paragraph to the sheriff and the district attorney, and the processing fee amount shall be remitted immediately upon receipt in equal proportions to the office of the district attorney and the sheriff's general fund.
(5) The provisions of this Paragraph shall be null, void, and without effect and shall terminate on August 1, 2026.
Acts 2014, No. 145, §1; Acts 2016, No. 8, §1; Acts 2018, No. 404, §1; Acts 2019, No. 1, §1; Acts 2020, No. 79, §1; Acts 2021, No. 114, eff. July 1, 2022; Acts 2022, No. 36, §§1, 2; Acts 2022, No. 130, §1, eff. May 26, 2022; Acts 2023, No. 342, §1.