CHC 921 - Order of expungement; agency records - Louisiana Statutes

Art. 921. Order of expungement; agency records

A. An order for the expungement of juvenile records must be in writing and must require that both of the following occur:

(1) Except as otherwise provided by law, all officials, agencies, institutions, boards, systems, and law enforcement offices, and their employees, agents, and consultants, destroy all reports and records whether on microfilm, computer memory device, or tape, or any other photographic, fingerprint, 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.

(2) Any and all such agencies and law enforcement offices file an affidavit with the court attesting to the fact that such records have been destroyed and that no notation or references have been retained in any central depository which will or might lead to the inference that any record ever was on file with that agency or law enforcement office.

B. The order must specify the time within which the destruction is to be effected. The order must also specify the limitations on information which may be maintained in accordance with this Article.

C. An order for expungement must be served in the manner provided for service of the motion on both the district attorney and the head of the agency whose reports or records are to be destroyed.

D. A copy of the judgment ordering destruction may be maintained by the custodian of reports and records of the agency or office. However, the custodian must not disclose the fact that such judgment is maintained or that the destroyed reports or records previously existed to anyone except upon written order of the court.

Acts 1997, No. 1127, §1, eff. July 14, 1997.