Louisiana: Juvenile Court Records and Law Enforcement Records (LA-AR-4)

Records and reports of a matter that resulted in a finding of Families in Need of Services or an adjudication for any charge other than murder, manslaughter, an offense requiring registration as a sex offender under R.S. 15:542, kidnapping, or armed robbery, shall be expunged and sealed only if the court exercising juvenile jurisdiction has ceased to exercise jurisdiction. La. Child. Code Ann. Art. 918(D).

Record Detail(s)

Felony (adjudicated)

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See La. Child. Code Ann. Art. 918(D) for ineligibility.

Procedure General

The motion for expungement and sealing must be filed with the court possessing the records and reports the person seeks to expunge, or with the court exercising jurisdiction over the arresting agency. La. Child. Code Ann. Art. 918(C). For the specific procedure, see La. Child. Code Ann. Art. 919.

Fees

There are no fees. La. Child. Code Ann. Art. 924.

Effect

All officials, agencies, institutions, boards, systems, and law enforcement offices, and their employees, agents, and consultants, will expunge and seal all records and reports, in any form, and any other photographic, fingerprint, DNA, or any other information of any kind and all kinds or descriptions relating to the conduct or conditions referred to in the motion for expungement and sealing. La. Child. Code Ann. Art. 921(A)(1). Upon an order of expungement and sealing, the records and reports will be expunged and sealed and the underlying conduct and conditions are considered nonexistent and will not be made available to any person. No person whose juvenile records and reports have been expunged and sealed will be required to disclose to any person that they were arrested or adjudicated, or that the records and reports of arrest or adjudication have been expunged and sealed. La. Child. Code Ann. Art. 922. For further information on the effect, see La. Child. Code Ann. Art. 921, 922.

Waiting Periods

A motion can be filed after five years have elapsed since the person satisfied the most recent judgment against them and the juvenile court has ceased exercising jurisdiction over them.

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