2018 Louisiana Laws
Children's Code
CHC 919 - Procedure for expungement and sealing; motions; order
Art. 919. Procedure for expungement and sealing; motions; order
A. A person may move for the expungement and sealing of his records and reports.
B. The motion for expungement and sealing shall be substantially in the form provided in Article 925 and shall state facts that constitute grounds for expungement and sealing under Article 918.
C. The motion for expungement and sealing shall be filed with the court possessing the records and reports, or with the court exercising juvenile jurisdiction over the arresting agency.
D. The motion shall be served personally or by domiciliary service, or by United States mail or electronic means, on the district attorney, the clerk of the court whose records and reports are sought to be expunged and sealed, and the head of any agency whose records and reports are sought to be expunged and sealed, including but not limited to the Federal Bureau of Investigation, the Louisiana Bureau of Criminal Identification and Information, the Department of Public Safety and Corrections, office of juvenile justice, and local law enforcement agencies.
E. Any person or agency that objects to the granting of the motion for a matter that resulted in a delinquency adjudication for a misdemeanor offense or for a felony offense shall file an affidavit of response in the form provided in Article 926, and a contradictory hearing shall be conducted with the district attorney and any agency whose records and reports are sought to be expunged and sealed.
F. If the court finds that the grounds have been established and that the person is entitled to expungement and sealing, the court shall order expungement and sealing.
Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
