Louisiana Revised Statutes 15:614 – Removal of records
Terms Used In Louisiana Revised Statutes 15:614
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
A. A person whose DNA record or profile has been included in the data base or data bank pursuant to this Chapter may request that his record or profile be removed on the following grounds:
(1) The arrest on which the authority for including his DNA record or profile was based does not result in a conviction or plea agreement resulting in a conviction.
(2) The conviction on which the authority for including his DNA record or profile was based has been reversed and the case dismissed.
B. The state police shall remove all reports and records and identifiable information in the database or data bank pertaining to the person and destroy all samples from the person upon receipt of a written request for the removal of the report and record and a certified court order of expungement and sealing properly obtained pursuant to the provisions of Title XXXIV of the Code of Criminal Procedure or Children’s Code Articles 917 through 926.
Acts 1997, No. 737, §1, eff. Sept. 1, 1999; H.C.R. No. 40, 1999 R.S., eff. June 21, 1999; Acts 2017, No. 362, §3.