Louisiana Children’s Code 925 – Expungement and sealing; forms
Terms Used In Louisiana Children's Code 925
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Docket: A log containing brief entries of court proceedings.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
A. The following form shall be used for filing a motion, setting a contradictory hearing, and ordering the expungement and sealing of records and reports:
MOTION FOR EXPUNGEMENT AND SEALING
NOW INTO COURT COMES _______________________________, in proper person or through undersigned counsel, and herein moves this Honorable Court:
(1) To order the expungement and sealing of all records and reports, including but not limited to the record of arrest and order of disposition concerning the below-described conduct or condition, and directing all officials, agencies, institutions, boards, and systems, including their employees, agents, consultants, and special committees, to expunge and seal any record, in any form, concerning the arrest of mover, and any other photographic, fingerprint, DNA, or any other information of any and all kinds or descriptions; and
(2) To direct each agency and law enforcement office having any such records, including but not limited to the above named entities, to file a sworn affidavit with the clerk of court to the effect that such records have been expunged and sealed and that no notation or reference has been retained in any central depository which could or might lead to the inference that the expunged and sealed record was ever on file with that agency or law enforcement office, except as otherwise specifically provided by law.
I.
Full name of mover:
_________________________________________________________________
SEX: { } Male { } FemaleSocial Security Number:_________
Race/Ethnicity: ____________Date of Birth: ____/____/_____
Address: Street: ______________________________________ Apt. #: _______
City/State: __________________________________________Zip: __________
NOTE: A separate page shall be completed for EACH of the charges for which expungement and sealing is sought. Failure to provide ALL of the requested information may result in dismissal of the motion for insufficiency.
II.
Offense Report #: ___________________Offense charged:________________
Date of Arrest: ____/____/________
Arresting Agency: ___________________________________________________
City/ Parish of Arrest: ________________________________________________
III.
Action taken: (Check appropriate action and insert date)
{ } Charges not filed
{ } Charges refused on____/____/________
{ } Informal Adjustment Agreement completed on____/____/________
{ } Adjudicated on ____/____/________
{ } Dismissed on ____/____/________
{ } Continued without date on____/____/________
IV.
Court Docket and Complaint #: __________________, # _____________
V.
Authority for motion (Check one only)
{ } This matter did not result in adjudication.
{ } This matter resulted in a Families in Need of Services or delinquency adjudication.
AND the court which had exercised juvenile jurisdiction has ceased to exercise such in accordance with Children’s Code Article 313.
AND the adjudication was not for murder, manslaughter, an offense requiring registration as a sex offender under La. Rev. Stat. 15:542, kidnapping, or armed robbery.
AND mover has no adult felony conviction and no adult conviction for a misdemeanor against a person involving a firearm.
AND mover has no pending indictment or bill of information against him.
WHEREFORE, mover prays that after due proceedings are had, there be an order herein in favor of mover, ordering the clerk of court and all other agencies, offices or organizations to expunge and seal their records or reports concerning the conduct or condition of mover as a child as more fully described herein.
Respectfully submitted,
_________________________________________
Name of Mover or Attorney
_________________________________________
Address
_________________________________________
City/State/Zip
_________________________________________
Phone
ORDER
CONSIDERING the above and foregoing:
IT IS ORDERED that a contradictory hearing be and is hereby set for the ______ day of _________________, 20____ at _________ in Section ________.
_________________, Louisiana this ______ day of __________________20___.
____________________________________
JUDGE
Note: Please add any additional necessary agencies below.
PLEASE SERVE:
Parish of___________________
District Attorney________________
Clerk of Court _________________
Sheriff________________________
Bureau of Criminal Identification and Information
Attn: Expungements
7919 Independence Blvd.
Baton Rouge, Louisiana 70806
and
_____________________________ __________________________________
Name of Agency Name of Agency
_________________________________ ______________________________
Attn:Attn:
_________________________________ ______________________________
AddressAddress
_________________________________ ______________________________
City/State/ZipCity/State/Zip
B. The following form shall be used to order the expungement and sealing:
ORDER OF EXPUNGEMENT AND SEALING
CONSIDERING the Motion for Expungement and Sealing and the evidence adduced as to the following described matter, and as to the following described conduct or conditions:
IT IS ORDERED that the clerk of court expunge and seal all records and reports, in any medium, including but not limited to pleadings, exhibits, reports, minute entries, correspondence, and all other documents. The court may maintain a confidential record of the fact of an adjudication, which may be released only upon written motion of a court exercising criminal jurisdiction over the mover herein and then only for purposes authorized by the Code of Criminal Procedure.
IT IS FURTHER ORDERED that all officials, agencies, institutions, boards, systems, and law enforcement officers and their employees, agents, and consultants expunge and seal all records and reports, in any form, concerning the above-described matter, and any other photographic, fingerprint, DNA, or any other information of any and all kinds and descriptions. The custodian of records and reports of the agency or office may maintain a copy of this order. However, the custodian shall not disclose to anyone the fact that an order is maintained or that the expunged and sealed records or reports previously existed except upon written order of the court.
IT IS FURTHER ORDERED that each agency and law enforcement office herein served and having any records or reports of the conduct or condition file a sworn affidavit with the clerk of court to the effect that the records and reports have been expunged and sealed and that no notation or references have been retained in any central depository which could or might lead to the inference that any report or record was on file with the agency or law enforcement office served, which affidavit shall be filed with the clerk of court within ______ days after service of this order.
Signed at______________, Louisiana this ____ day of _______________20____.
________________________________________
JUDGE
Note: Please add any necessary agencies below.
PLEASE SERVE:
Parish of____________________
District Attorney______________
Clerk of Court_____________________
Sheriff______________________
Bureau of Criminal Identification and Information
Attn: Expungements
7919 Independence Blvd.
Baton Rouge, Louisiana 70806
and
_________________________________ ______________________________
Name of Agency Name of Agency
_________________________________ ______________________________
Attn:Attn:
_________________________________ _____________________________
AddressAddress
_________________________________ ______________________________
City/State/ZipCity/State/Zip
Acts 2017, No. 362, §1.