4.1 Screen in Light of Current Law

One of the most vital roles a pro bono attorney can play in the process of extending the reach of expungement laws to as many individuals as possible is to screen them for eligibility to avoid wasted time, money, and emotional energy pursuing expungements that are not available.

Because the legislature modifies the rules for expungement nearly every year, always check the most current and up-to-date version of the Louisiana Code of Criminal Procedure to ensure that you are applying the proper screening requirements. When these laws change, they will often go into effect on August 1 of the year of the session in which the new law was enacted. It may take some time for the amended language to be updated online at the website of the Louisiana legislature (http://legis.la.gov), so you may also need to check legislative updates or reports from local bar associations or other places to determine if any laws could impact your client. JAC will provide critical expungement updates through CLEs or updates on its website or in its newsletter when changes occur. The Louisiana Association of Criminal Defense Lawyers (LACDL) and sponsoring legislators will also push out similar updates.