The Advocate. June 16, 2023.
Editorial: New expungement law will make promise of second chances a reality
For decades, Louisiana has imposed a legal Catch-22 on people seeking expungements long after being arrested for, or convicted of, low-level nonviolent offenses.
First, the state tells them they have a right to remove records of their minor brushes with the law from public view, particularly by prospective employers and landlords. Then the state informs them that, in order to exercise that right, they must pay our highest-in-the-nation expungement fee of $550 and navigate a Byzantine expungement process — or pay even more for an attorney to guide them through that process. Between the cost of obtaining expungements from multiple parishes and hiring legal help, expenses can run well into the thousands.
What cruel irony.
The system is so burdensome, says state Sen. Royce Duplessis, D-New Orleans, that only about 5% of Louisianans who qualify for expungements bother to seek them.
Criminal justice reform advocates, particularly the Justice and Accountability Center of Louisiana, have worked for years to change Louisiana’s expungement law. This year, they finally succeeded. State lawmakers unanimously passed Duplessis’ Senate Bill 111, which, when fully implemented, will make expungements free and fully automatic upon request by those who qualify for them.
The new law requires the State Police and the Louisiana Supreme Court to upgrade their computer systems so that their respective databases can share information about people seeking expungements and coordinate notice to clerks of court, law enforcement and prosecutors when expungements are granted. The new law also requires a simple, streamlined application process — at no cost to the applicant.
It’s not easy to reverse decades of systemic injustice. That’s why the new law will take effect in January 2025 — and only if lawmakers provide funding to implement the changes. Until then, the State Police and the Supreme Court must create a plan to link their respective databases.
Before anyone rises to object, it’s important to remember that expungements are only available to those arrested for or convicted of specific nonviolent offenses.
Another important point to remember: Expungement only removes police and court records from public view. The new law will not place such records beyond the reach of law enforcement, judges and prosecutors for purposes of setting bail, filing multiple-offender charges or sentencing.
All 50 states allow some form of expungement, but each state has its own approach. The principle underlying all expungement laws, however, is the same: a belief that a conviction, or even an arrest without subsequent charges, should not permanently prevent someone from finding a job or a place to live, getting an education or qualifying for a professional license. Expungements thus give meaning to the notion that nonviolent offenders deserve a second chance.
“This is a workforce issue, a housing issue, an education issue and a crime-reduction issue,” Duplessis said.
We agree, and we applaud all who supported this important step forward for Louisiana.
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