Louisiana Children’s Code 918 – Grounds
Terms Used In Louisiana Children's Code 918
- Child: means any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act before attaining seventeen years of age. See Louisiana Children's Code 804
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
A. Records and reports of a delinquency matter that did not result in adjudication and records concerning delinquency adjudications for La. Rev. Stat. 14:82, 83.3, 83.4, 89, or 89.2 may be expunged and sealed at any time.
B. 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 La. Rev. Stat. 15:542, kidnapping, or armed robbery shall be expunged and sealed only if the court exercising juvenile jurisdiction has ceased to exercise jurisdiction in accordance with Article 313.
C. Records concerning conduct or conditions that resulted in a delinquency adjudication may be expunged and sealed only if all of the following circumstances exist:
(1) The person seeking expungement and sealing has no criminal court felony convictions and no criminal court convictions for misdemeanors against a person involving a firearm.
(2) The person seeking expungement and sealing has no pending indictment or bill of information.
D. If the adjudication was for murder, manslaughter, a sex offense requiring registration under La. Rev. Stat. 15:542, kidnapping, or armed robbery, the child may petition the court for an expungement of his juvenile record when the court has ceased to exercise jurisdiction in accordance with Article 313 and all of the following conditions are met:
(1) Five or more years have elapsed since the person seeking expungement and sealing satisfied the most recent judgment against him.
(2) The person seeking expungement and sealing has no criminal court felony convictions and no criminal court convictions for misdemeanors against a person involving a firearm.
(3) The person seeking expungement and sealing has no pending indictment or bill of information.
Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2012, No. 446, §6; Acts 2017, No. 362, §1.