Louisiana Marijuana Expungement Bill Passed by Legislature, Sent to Governor

Louisiana’s full legislature has passed legislation that would allow for the quick expungement (removal from records) of convictions related to marijuana possession.

Louisiana’s Senate voted yesterday to pass House Bill 286, less than two weeks after it was passed by the House of Representatives in a 69 to 30 vote. Given it was passed by the Senate sans amendments, the proposal will now be sent to Governor John Bel Edwards for consideration.

If signed into law or allowed to become law without a signature, House Bill 286 would allow those with a misdemeanor conviction for marijuana possession to file a motion to expunge the charge 90 days following their conviction. First-time offenders would be exempt from processing fees.

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Under current law a person may file a motion to expunge his record of arrest and conviction of a misdemeanor offense if the conviction “was set aside and prosecution was dismissed”, or if more than “five years have elapsed since the person completed any sentence, deferred adjudication, or period of probation and parole, and the person has not been convicted of any felony offense during such period, and has no felony charge pending against him.”

HB 286 “retains present law and provides that 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 90 days from the date of conviction.”

The full text of House Bill 286 can be found by clicking here.

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