Review and Expunction of Central Registries and Reporting Records - Louisiana

Date: May 2018

Right of the Reported Person to Review and Challenge Records

Citation: Children's Code Art. 616.1

When a report alleging abuse or neglect is recorded as justified by the Department of Children and Family Services in the central registry but no petition is subsequently filed alleging that the child is in need of care, the individual who is the subject of the finding may file a written motion seeking correction of that entry and all related department records in the court exercising juvenile jurisdiction in the parish in which the finding was made. If neither the department nor the district attorney files a written objection, the court may enter an order.

If, after a contradictory hearing with the department and the district attorney, the court finds that the report was not justified, and correction of the record is not contrary to the best interests of the child, it may order the department to correct the central registry entry.

If the central registry entry is ordered to be corrected, the department and any law enforcement office having any record of the report shall be ordered to correct those records and any other records, notations, or references thereto, and the court shall order the department and other custodians of these records to file a sworn affidavit to the effect that their records have been corrected. The affidavit of the department shall also attest to the correction of the central registry entry.

The provisions of this article shall apply only to those reports determined by the department to be justified prior to the effective date of Children's Code article 616.1.1 (August 1, 2017).

Effective August 1, 2017, when a report alleging abuse or neglect is determined to be justified by the department, the individual who is or was the subject of the determination may make a formal written request to the Division of Administrative Law for an administrative appeal of the justified determination, in accordance with the procedures set forth in title 67 of the Louisiana Administrative Code.

When Records Must Be Expunged

Citation: Children's Code Art. 616.2

The Bureau of Identification and Information in the Office of State Police shall maintain a central index registry of all reports of sexual abuse. All information regarding the reports shall be maintained by the Department of Public Safety and Corrections for 10 years from the date of receipt of the report, unless a subsequent report is received during that time, in which case, information from all reports will be maintained indefinitely.