Overview Description

A record relating to an adjudication for murder, manslaughter, a sex offense requiring registration under R.S. 15:542, kidnapping, or armed robbery can be expunged and sealed upon petition, so long as the court exercising juvenile jurisdiction has ceased exercising jurisdiction, five years have elapsed since the person has satisfied the most recent judgment against him, and the person is not subject to a disqualifying event. La. Child. Code Ann. Art. 918(D).

Ineligible Category or Citation

A person will be ineligible for expungement under this provision 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(D).

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 in accordance with Article 313.

 

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