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Legislators in Louisiana voted in favor of a bill that creates allowances to expunge certain marijuana-related criminal records. It was signed by the Governor in June 2023

About The Bill

Louisiana’s House Bill 286 (HB286) will create allowances for the expunction of arrest and misdemeanor records for possession of marijuana. The bill says: “Notwithstanding any provision of law to the contrary, a person may file a motion to expunge his record of arrest and conviction of a misdemeanor conviction for a first offense possession of marijuana, tetrahydrocannabinol, or chemical derivatives thereof after ninety days from the date of conviction.”

It also says the total cost to obtain a court order to expunge a misdemeanor conviction for a first offense of marijuana possession shall not be more than $300. It specifies that this amount allows:

• The Louisiana Bureau of Criminal Identification and Information to charge a processing fee of $50.
• The sheriff to charge a processing fee of $50.
• The district attorney to charge a processing fee of $50.
• The clerk of court to charge a processing fee of $150.

Learn more about HB286.

The Proposed Expunction Process

HB286 clarifies which forms must be used to request expungements. All fees will be collected by a clerk of the court when the motion for expunction is filed, and then the documentation will be turned over to the appropriate parties. The arresting law enforcement agency, district attorney’s office or the Louisiana Bureau of Criminal Identification and Information may submit an objection to a request.

If there are no objections and a record is authorized for expunction, then all: “photographs, fingerprints, disposition, or any other such information, which record shall be confidential and no longer considered a public record, nor be made available to other persons, except a prosecutor, member of a law enforcement agency, or a judge who may request such information in writing, certifying that such request is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose of any other statutorily defined law enforcement or administrative duties, or for the purpose of the requirements of sex offender registration and notification or as an order of this court to any other person for good cause shown, or as otherwise authorized by law."

What Employers Should Know

Employers in Louisiana should be aware of this bill and know that it goes into effect on 08/01/2023. Once it is active, many residents will be eligible to have certain records expunged. When that happens, those records may not be used by employers or others to help make decisions about consumers.

To help avoid reviewing expunged or outdated records, hiring managers might wish to work with a Consumer Reporting Agency (CRA) that is certified by the Professional Background Screening Association. To earn accreditation, CRAs must demonstrate strong standards in professionalism, accountability and performance. Part of this involves following policies that help establish a high level of accuracy when compiling data for consumer reports.

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Backgrounds Online is proud to be an accredited CRA. We are dedicated to providing reliable data that can help hiring managers make informed decisions and maintain safe workplaces.

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