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Regular Session, 2012
SENATE BILL NO. 154
BY SENATOR BROOME (On Recommendation of the Louisiana State Law Institute)
CHILDREN'S CODE. Provides with respect to the expungement of juvenile records.
(8/1/12)
AN ACT1
To amend and reenact Children's Code Articles 414(A), 917, 918, 919(A), (B), (C), (D), and2
(E), 921(A) and (C), and 922, and R.S. 15:593 and 614(B) and to enact Children's3
Code Articles 781(F), 901(G), 923, and 924, and R.S. 44:9(M) and to repeal R.S.4
44:9(A)(3)(c), relative to the continuous revision of the Children's Code; to provide5
for disclosure of juvenile records for sentencing purposes; to provide for the court's6
disposition alternatives in a Family In Need of Services (FINS) proceeding; to7
provide guidelines to the court in a juvenile disposition proceeding; to provide for8
expungement of juvenile criminal records; to provide for the grounds for9
expungement of juvenile records; to provide for expungement procedures; to provide10
for the order of expungement of agencies' records; to provide for the court's authority11
to waive expungement costs and fees; to provide expungement motion and order12
forms; to provide for prohibition of destruction of certain agencies' records and13
exceptions thereto; to provide for removal of an individual's records from the state14
police database; to provide for an individual to file a motion requesting expungement15
of his arrest records; and to provide for related matters.16
Be it enacted by the Legislature of Louisiana:17 SB NO. 154
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Section 1. Children's Code Articles 414(A), 917, 918, 919(A), (B), (C), (D), and (E),1
921(A) and (C), and 922 are hereby amended and reenacted and Children's Code Articles2
781(F), 901(G), 923, and 924 are hereby enacted to read as follows:3
Art. 414. Disclosure of records for sentencing; habitual offender proceedings4
A. Notwithstanding any provision of law to the contrary, upon written5
request, reports and records concerning juvenile court proceedings shall be released6
to the sentencing judge when necessary for sentencing and released to the district7
attorney for purposes of charging a person as a habitual offender pursuant to R.S.8
15:529.1.9
* * *10
Comment 201211
Language pertaining to the use of juvenile delinquency records for sentencing12
under the habitual offender law has been removed in keeping with the holding of13
State v. Brown, 879 So.2d 1276 (La. 2004).14
15
* * *16
Art. 781. Disposition; generally17
* * *18
F. The court shall notify the juvenile in writing of the expungement19
procedures set forth in Children's Code Articles 917 et seq.20
Comment 201221
Although FINS cases normally do not concern delinquent behavior by22
juveniles, these cases often begin with a formal arrest. Also, many cases begin with23
a delinquency petition but are later amended to FINS or are so adjudicated by the24
court at trial. Thus, it is important that the court instruct the juvenile on expungement25
articles at the disposition of a FINS matter.26
27
* * *28
Art. 901. Disposition guidelines; generally29
* * *30
G. The court shall notify the juvenile in writing of the expungement31
procedures set forth in Articles 917 et seq.32
* * *33
Art. 917. Expungement; generally34 SB NO. 154
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A person seventeen years of age or older may move for expungement of1
records of juvenile criminal conduct pursuant to this Chapter.2
This Chapter provides the exclusive procedure by which juvenile3
delinquency reports and records may be expunged.4
Art. 918. Grounds5
A. Records concerning conduct or conditions Juvenile delinquency reports6
and records of a matter that did not result in adjudication may be expunged at any7
time.8
B. Records concerning conduct or conditions Juvenile delinquency reports9
and records of a matter that resulted in a misdemeanor delinquency adjudication10
for a misdemeanor offense may be expunged only if two or more years have11
elapsed since the person satisfied the most recent judgment against him. both of the12
following circumstances exist:13
(1) The person seeking expungement has attained the age of seventeen14
years.15
(2) The court exercising juvenile jurisdiction no longer exercises juvenile16
jurisdiction over that proceeding in accordance with Article 313.17
C. Records concerning conduct or conditions Juvenile delinquency reports18
and records of a matter that resulted in a felony delinquency adjudication for a19
felony offense may be expunged only if all of the following circumstances exist:20
(1) The delinquency adjudication was not for murder, manslaughter, any21
sexual crime, a sex offense requiring sex offender registration under R.S. 15:542,22
kidnaping, or armed robbery.23
(2) The person seeking expungement has attained the age of twenty-one24
years, Five and two or more years have elapsed since the person satisfied the most25
recent judgment against him the court exercising juvenile jurisdiction no longer26
exercised juvenile jurisdiction over that proceeding in accordance with Article27
313.28
(3) The person seeking expungement has no criminal court adult felony29 SB NO. 154
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convictions and no criminal court adult convictions for misdemeanors involving a1
weapon firearm.2
(4) The person seeking expungement has no outstanding pending3
indictment or bill of information charging him.4
D. Juvenile delinquency reports and records of a matter that resulted in5
a finding of Family in Need of Services may be expunged only if the court6
exercising juvenile jurisdiction no longer exercises such jurisdiction over that7
proceeding in accordance with Article 313.8
Art. 919. Procedure for expungement9
A. A person seventeen years of age or older may move for the expungement10
of his juvenile reports and records concerning the person's juvenile criminal conduct11
or conditions.12
B. The motion for expungement of a person's juvenile reports and records13
must be in writing and must state facts that constitute grounds for expungement14
under Article 918.15
C. The motion for expungement must be filed with the court possessing the16
reports and records that the person seeks to expunge, or with the court having17
exercising juvenile jurisdiction over the arresting agency.18
E. D. Unless waived by consent of the parties, a contradictory hearing for19
the following must be conducted with the district attorney and any agency whose20
reports and records are sought to be expunged.:21
(1) The expungement of juvenile delinquency reports and records of a22
matter that resulted from a delinquency adjudication for a misdemeanor23
offense affecting persons.24
(2) The expungement of juvenile delinquency reports and records of a25
matter that resulted from a delinquency adjudication for a felony offense.26
D. E. The Any motion requiring a contradictory hearing must be served27
personally or by domiciliary service or by certified mail on the district attorney, the28
clerk of the court whose reports and records are sought to be expunged, and the29 SB NO. 154
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head of any agency whose reports and records are sought to be expunged, including1
but not limited to the Federal Bureau of Investigation, the Louisiana Bureau of2
Criminal Identification and Information, the Department of Public Safety and3
Corrections, the office of juvenile justice, and local law enforcement agencies.4
* * *5
Art. 921. Order of expungement; agency records6
A. An order for the expungement of juvenile reports and records must be7
in writing and must require that both of the following occur:8
(1) Except as otherwise provided by law, all officials, agencies, institutions,9
boards, systems, and law enforcement offices, and their employees, agents, and10
consultants, destroy all reports and records whether on microfilm, computer memory11
device, or tape, or any other photographic, fingerprint, DNA, or any other12
information of any kind and all kinds or descriptions relating to the conduct or13
conditions referred to in the motion for expungement.14
(2) Any and all such agencies and law enforcement offices file an affidavit15
with the court attesting to the fact that such reports and records have been destroyed16
and that no notation or references have been retained in any central depository which17
will or might lead to the inference that any record ever was on file with that agency18
or law enforcement office. A copy of the affidavit of destruction shall be retained19
by the issuing court.20
* * *21
C. An order for expungement must be served in the manner provided for22
service of the motion on both the district attorney and the head of the each agency23
whose reports or records are to be destroyed.24
* * *25
Art. 922. Expungement order; effect26
Except for the limited purposes stated in Articles 920 and 921, upon an order27
of expungement, the conduct and conditions juvenile delinquency reports and28
records expunged are considered nonexistent and are to be treated as such upon29 SB NO. 154
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inquiry.1
Art. 923. Fees2
A. The court may waive all or any part of any processing or filing fees3
or other costs associated with the filing of a motion under this Chapter and shall4
waive those fees and costs upon finding that the applicant is indigent.5
B. Notwithstanding any provision of law to the contrary, a juvenile who6
has successfully completed a juvenile drug court program operated by a court7
of this state shall be exempt from payment of any processing or filing fees or8
other costs associated with the expungement of his related juvenile delinquency9
reports and records.10
Art. 924. Expungement motion and order; forms11
12
STATE OF LOUISIANA DOCKET #: _______ SEC. ______13
IN THE INTEREST OF JUVENILE COURT14
_________________________ PARISH OF ___________________15
_________________________ STATE OF LOUISIANA16
DOB: ____/____/__________ 17
FILED: __________________ ____________________________18
DEPUTY CLERK19
20
MOTION FOR EXPUNGEMENT21
NOW INTO COURT COMES _______________________________, in22
proper person or through undersigned counsel, and herein moves this23
Honorable Court:24
(1) To order the destruction of all reports and records including, but not25
limited to, the record of arrest and order of disposition concerning the below26
described conduct or condition, and directing all officials, agencies, institutions,27
boards, and systems, including their employees, agents, consultants, and special28
committees, to expunge any record in any form concerning the arrest of mover29
whether on microfilm, computer card or tape, or any other photographic,30
fingerprint, DNA or any other information of any and all kinds or descriptions;31 SB NO. 154
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and1
(2) To direct each agency and law enforcement office having any such2
records including, but not limited to, the above named entities, to file a sworn3
affidavit with the Clerk of Court for Juvenile Court to effect that such records4
have been destroyed and that no notation or references have been retained in5
any central depository which could or might lead to the inference that the6
expunged record was ever on file with that agency or law enforcement office,7
except as otherwise specifically provided by law, and for the following reasons,8
to wit:9
__________________________________________________________________10
__________________________________________________________________11
__________________________________________________________________12
__________________________________________________________________13
I.14
Full name of mover:15
____________________________________________________________16
Sex { } Male { } Female Social Security Number: ______________________17
Race: _______________ Date of Birth: ____/____/_____18
Address: Street: _____________________________________ Apt. #: ______19
City/State: __________________________ Zip: __________________20
NOTE: A separate page must be completed for EACH of the charges for21
which expungement is sought. Failure to provide ALL of the requested22
information may result in dismissal of the motion for insufficiency.23
24
II.25
Offense Report #: ___________________ Offense charged:________________26
Date of Arrest: ____/____/________27
Arresting Agency: ___________________________________________________28
City/ Parish of Arrest: ________________________________________________29
III.30
Action taken: (Check appropriate action and insert date)31 SB NO. 154
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{ } Charges not filed1
{ } Charges refused on ____/____/________2
{ } Informal Adjustment Agreement3
completed on ____/____/________4
{ } Adjudicated on ____/____/________5
{ } Dismissed on ____/____/________6
{ } Continued without date on ____/____/________7
IV.8
Court Docket # and Complaint #: _____________________, # _____________9
V.10
Authority for motion (Check one only)11
{ } This matter did not result in an adjudication.12
{ } This matter resulted in a FINS adjudication13
AND the court which had exercised juvenile jurisdiction no longer14
exercises that jurisdiction over the proceeding in accordance with15
Children's Code Article 313.16
{ } This matter resulted in a misdemeanor adjudication17
AND the mover has attained the age of seventeen18
AND the court which had exercised juvenile jurisdiction no longer exercises that19
jurisdiction over the proceeding in accordance with Children's Code Article20
313.21
{ } This matter resulted in a felony adjudication22
AND the mover has attained the age of twenty-one23
AND the adjudication was not for murder, manslaughter, a sex offense24
requiring sex offender registration under R.S. 15:542(A)(3), kidnaping, or25
armed robbery26
AND two or more years have elapsed since the court exercising juvenile27
jurisdiction exercised juvenile jurisdiction over the proceeding in accordance28
with Children's Code Article 31329
AND mover has no adult felony conviction or adult misdemeanor conviction30
involving a firearm31
AND mover has no outstanding indictment or bill of information against him.32
WHEREFORE, mover prays that after due proceedings are had, there33
be judgment herein in favor of mover, ordering any and all agencies, offices or34 SB NO. 154
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organizations to destroy their records or reports concerning the conduct or1
condition of mover as a minor child as more fully described herein.2
3
Respectfully submitted,4
5
___________________________________________6
Name of Mover or Attorney7
8
__________________________________________9
Address10
11
___________________________________________12
City/State/Zip13
14
___________________________________________15
Phone16
17
ORDER18
CONSIDERING the above and foregoing:19
IT IS ORDERED that a Contradictory Hearing be and is hereby set for20
the ______ day of ____________________, 20______ at ______________ in21
Section ____________.22
____________________, Louisiana this ______ day of23
__________________20___.24
____________________________________25
JUDGE26
27
(Please add any additional necessary agencies below)28
29
PLEASE SERVE:30
31
Parish of __________________________32
District Attorney _________________Clerk of Court _____________________33
34
Bureau of Identification & Information Sheriff ____________________35
Attention: Expungement36
7919 Independence Blvd.37
Baton Rouge, Louisiana 7080638
39
and40
41
_______________________________________________________________42
Name of Agency Name of Agency43
44
_______________________________________________________________45
Attn: Attn:46
47 SB NO. 154
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1
_______________________________________________________________2
Address Address3
4
_______________________________________________________________5
City/State/Zip City/State/Zip6
7
STATE OF LOUISIANA DOCKET #: ________ SEC. _____8
IN THE INTEREST OF JUVENILE COURT9
__________________________ PARISH OF ___________________10
__________________________ STATE OF LOUISIANA11
DOB: ____/____/_______12
FILED:____________________ ______________________________13
DEPUTY CLERK14
15
ORDER OF EXPUNGEMENT16
CONSIDERING the Motion for Expungement and the evidence adduced17
at the hearing of this matter, and as to the following described conduct or18
condition(s):19
Item #s Offense(s) charged Date of Arrest(s) Arresting Agencies20
21
22
23
24
25
26
IT IS ORDERED that the Clerk of Court destroy all records, in any27
medium, including, but not limited to, pleadings, exhibits, reports, minute28
entries, correspondence, and all other documents. Any references, documents,29
recordings or materials that cannot be destroyed may be maintained, but under30
no circumstances may they be released. The court may maintain a confidential31
record of the fact of an adjudication, which may be released only upon written32
motion of a court exercising criminal jurisdiction over the mover herein and33
then only for purposes authorized by the Code of Criminal Procedure.34
IT IS FURTHER ORDERED that all officials, agencies, institutions,35
boards, systems, and law enforcement officers and their employees, agents, and36 SB NO. 154
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consultants destroy all reports and records, in any medium, concerning the1
above described conduct or condition whether on microfilm, computer card or2
tape, or any other photographic, fingerprint, DNA, or any other information of3
any and all kinds and descriptions. The custodian of reports and records of the4
agency or office may maintain a copy of this Order. However, the custodian5
shall not disclose the fact that such judgment is maintained or that the6
destroyed reports or records previously existed to anyone except upon written7
order of the court.8
IT IS FURTHER ORDERED that each agency and law enforcement9
office herein served and having any records of the conduct or condition file a10
sworn affidavit with the Clerk of Court for Juvenile Court, to the effect that11
such records have been destroyed and that no notation or references have been12
retained in any central depository which could or might lead to the inference13
that any record was on file with the agency or law enforcement office served,14
which affidavit shall be filed with the Clerk of Juvenile Court for the Parish of15
__________ within ______ days of service of this Order.16
Signed at_________________________, Louisiana this ______ day of17
__________________20____.18
19
__________________________________________20
JUDGE21
(Please add any additional necessary agencies below)22
23
PLEASE SERVE:24
Parish of___________________________25
District Attorney _________________ Clerk of Court _____________________26
Bureau of Identification & Information Sheriff ______________________27
Attention: Expungement28
7919 Independence Blvd.29
Baton Rouge, Louisiana 7080630
31
and32
33
_______________________________________________________________34
Name of Agency Name of Agency35
36 SB NO. 154
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_______________________________________________________________1
Attn: Attn:2
3
_______________________________________________________________4
Address Address5
6
_______________________________________________________________7
City/State/Zip City/State/Zip8
9
Section 2. R.S. 15:593 and 614(B) are hereby amended and reenacted to read as10
follows:11
§593. Prohibition against destruction of records12
Notwithstanding the provisions of Articles 893 and 894 of the Code of13
Criminal Procedure and R.S. 40:983 and except in accordance with the provisions14
set forth in R.S. 44:9 and Children's Code Articles 920 through 923, no judge or15
other official shall order the expungement, alteration, or destruction of any report16
and record of the bureau or of any agency subject to reporting requirements of the17
bureau.18
* * *19
§614. Removal of records20
* * *21
B. The state police shall remove all records and identifiable information in22
the data base or data bank pertaining to the person and destroy all samples from the23
person upon receipt of a written request for the removal of the report and record and24
a certified court order of expungement properly obtained pursuant to the provisions25
of R.S. 44:9 and Children's Code Articles 920 through 923.26
Section 3. R.S. 44:9(M) is hereby enacted to read as follows:27
§9. Records of violations of municipal ordinances and of state statutes classified as28
a misdemeanor or felony29
* * *30
M. The expungement of juvenile delinquency reports and records shall31
be processed according to the provisions of Children's Code Articles 917 et seq.32
Section 4. R.S. 44:9(A)(3)(c) is hereby repealed in its entirety.33 SB NO. 154
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie Baxter.
DIGEST
Present law in Children's Code (Ch.C. Art. 414) provides that disclosure of juvenile records
shall be released to the sentencing judge and DA when necessary for sentencing purposes.
Proposed law retains present law but deletes the release of those records to the DA for use
in sentencing as a habitual offender.
Present law (Ch.C. Art. 781) provides for the court's options in dispositions under Family
In Need of Services (FINS) proceedings.
Proposed law retains present law and adds that the court shall notify the juvenile of
expungement procedures.
Present law (Ch.C. Art. 901) provides guidelines for the court when considering its
disposition options.
Proposed law retains present law and adds that the court shall notify the juvenile of
expungement procedures.
Present law (Ch.C. Art. 917) provides that a person 17 years of age or older may move for
expungement of his juvenile records as per provisions in the Ch.C. Chp. 18 of Title VIII.
Proposed law revises present law by providing that Ch.C., Chp. 18 of Title VIII is the
exclusive procedure for expungement of juvenile records.
Present law (Ch.C. Art. 918) provides the grounds and requirements for expungement of
juvenile records for a person 17 years of age or older.
Proposed law retains present law, except changes the requirement for a misdemeanor
adjudication from that it has been two years since the person has satisfied the most recent
judgment against him to the court exercising juvenile jurisdiction no longer exercises that
jurisdiction. Also adds the requirement that excludes expungement for a felony adjudication
of a sex offense requiring registration rather than a "sexual crime", adds that the person
seeking expungement be 21 years of age and that two years have elapsed since the court
exercising juvenile jurisdiction no longer exercised that jurisdiction rather than that it has
been five years since the person has satisfied the most recent judgment against him. Also
changes "weapon" to "firearm".
Proposed law also adds the requirement that expungement of records in a FINS case may
only occur once the juvenile court no longer exercises juvenile jurisdiction.
Present law (Ch.C. Art. 919) provides the procedure for expungement.
Proposed law retains present law and specifies offenses, adjudication for a misdemeanor
affecting persons and adjudication for felony, for which a contradictory hearing must be
held. Also adds the Office of Juvenile Justice to the list of the entities which must be served.
Present law (Ch.C. Art. 921) provides for the expungement order.
Proposed law retains present law and adds DNA to the items which must be destroyed and
that the issuing court shall retain a copy of the affidavit of destruction.
Present law (Ch.C. Art. 922) provides for the effect of the court's expungement order. SB NO. 154
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Proposed law retains present law but changes that which is expunged and to be considered
non-existent upon inquiry from "conduct and conditions" to "juvenile delinquency reports
and records".
Proposed law (Ch.C. Art. 923) enacts a new article which authorizes the court to waive any
or all fees and costs of expungement upon a finding that the applicant is indigent and to
exempt the applicant from those costs and fees when he has successfully completed a
juvenile drug court program.
Proposed law (Ch.C. Art. 924) enacts a new article which provides forms and orders for use
in the expungement process.
Present law (R.S. 15:593) provides for the prohibition of expungement or destruction of
juvenile records and for exceptions thereto.
Proposed law retains present law and adds Ch.C. Arts. 920 through 923 to those exceptions.
Present law (R.S. 15:614) provides for the removal by state police of all records upon receipt
of a court order pursuant to R.S. 44:9.
Proposed law retains present law and now includes Ch.C. Arts. 920 through 923.
Present law (R.S. 44:9) provides for records of violations of misdemeanors and felonies.
Proposed law (R.S. 44:9(M)) retains present law and adds that expungement of juvenile
reports and records shall be processed pursuant to Ch.C. Art. 917 et seq.
Present law (R.S. 44:9(A)(3)(c)) provides that a juvenile who has successfully completed a
drug court program shall be exempt from expungement processing fees.
Proposed law repeals present law provisions and adds in proposed law (Ch.C. Art. 923) that
a court may waive all or any part of any processing or filing fees associated with filing of
a motion under this Chapter and may waive such fees and costs upon finding the applicant
is indigent. Also provides that a juvenile who has successfully completed a drug court
program in Louisiana shall be exempt from expungement processing or filing fees or other
costs.
Effective August 1, 2012.
(Amends Ch.C. Art. 414(A), 917, 918, 919(A), (B), (C), (D), and (E), 921(A) and (C), and
922, and R.S. 15:593 and 614(B); adds Ch.C. Art. 781(F), 901(G), 923, and 924, and R.S.
44:9(M); repeals R.S. 44:9(A)(3)(c))