Overview Description

A record relating to a delinquency filing that did not result in an adjudication will be expunged and sealed upon petition at any time. La. Child. Code Ann. Art. 918(A).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

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 of expungement, see La. Child. Code Ann. Art. 921, 922.

Waiting Periods

A motion can be filed at any time.

 

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