Overview Description

A record relating to a delinquency matter that resulted in adjudication will be expunged and sealed upon petition, so long as the court exercising juvenile jurisdiction has ceased exercising jurisdiction and the person is not subject to a disqualifying event. La. Child. Code Ann. Art. 918(B).

The following offenses are ineligible to be expunged under this provision: murder, manslaughter, an offense requiring registration as a sex offender under R.S. 15:542, kidnapping, or armed robbery. A person will be ineligible for expungement under this column if the person has a: (a) felony criminal court conviction; (b) misdemeanor criminal court conviction against a person involving a firearm; or (c) pending indictment or bill of information charging the person. La. Child. Code Ann. Art. 918(C).

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.

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

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.

A motion can be filed at any time after the juvenile court has ceased exercising jurisdiction over the person in accordance with Article 313.