Louisiana Criminal Court Records

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    The official procedures and results of state-led prosecutions for infractions of the Louisiana Criminal Code or local ordinances are recorded in Louisiana's criminal court records. This documentation, which preserves information including indictments, motions, evidence, judgments, and punishments, commences as soon as charges are filed and continues through arraignment, hearings, trial, and any appeals. Louisiana criminal court records, which are regularly updated by the Louisiana Judiciary and the district courts and their clerks, are crucial for post-conviction remedies, appellate review, and public oversight of the legal system.

    Are Criminal Court Records Public in Louisiana?

    Yes, according to the Louisiana Public Records Act (La. R.S. 44:1 et seq.) and the Louisiana Constitution. Since the state is committed to openness and accountability in the legal system, anybody can view or obtain copies of the majority of criminal case files without expressing any particular interest or justification.

    This access is not without restrictions, though. Some records are exempt from public view, sealed by court order, or designated as confidential by statute. Some examples include:

    • Files expunged or sealed (La. C.Cr.P. Art. 971-995),
    • Records of charges dropped where a sealing order is applicable,
    • Juvenile delinquency hearings (La. Ch. Code art. 412),
    • Evidence submitted to a grand jury, and
    • Files protected by protective orders, such as exclusive data or delicate victim information.

    What Criminal Court Records Contain In Louisiana

    In Louisiana, a criminal court record typically includes the official paperwork generated during hearings, as well as a summary of the case. The names of the defendant, the prosecutor, the attorney representing the defendant, and, if allowed, witnesses are typically included in case data. Other details include:

    • The court date and location,
    • The judge assigned to the case,
    • The timetable for proceedings,
    • The case status,
    • The case title,
    • The type of offense (misdemeanor, felony, or infraction), and
    • The charges brought.

    Case files consist of the court's filings, such as

    • Orders,
    • Verdicts,
    • Sentence decisions,
    • Dockets/registers of action,
    • Trial transcripts, and
    • Appellate rulings, as well as the materials filed by the parties, such as motions, pleas, petitions, and affidavits.

    Louisiana Criminal Court Records Search

    The first step in locating a criminal court record in Louisiana is to determine which district court, parish, or appellate court the case was filed in. For criminal cases, Louisiana's judiciary primarily functions at the district court level, and numerous parishes offer online access to case information via eAccess portals tailored to individual courts. Inquiries or searches can be performed on these platforms using the defendant's or party's name, case number, or filing date. For instance, Orleans Parish provides the "Orleans Parish Criminal District Court (Docket Master)" for public queries on criminal case status, and several other parishes maintain comparable criminal and civil data systems.

    The majority of individual parish/district courts provide online public access systems, including the East Baton Rouge Clerk of Court, Lafourche Parish, and Jefferson Parish's "JeffNet." These enable searches for criminal records by date, party name, or case number.

    Through the clerk of court's office, individuals are permitted to visit the courthouse in person to view case files in situations where online access is restricted or unavailable. Requesters can locate records in the docket, registers of activity, or other official court documents with the assistance of court staff. Formal written requests, including the defendant's name, case number, or filing date, can also be used to start a search.

    State legislation governs the cost of accessing criminal court case records in Louisiana, which varies per parish. Standard fees are $1.00 per page for copies, $5 per certified copy (plus copy fees), and $20 for a criminal history search, as stated in La. R.S. 13:847 and La. R.S. 44:32. Additionally, certain parishes might charge for extracted or conforming copies. State agencies frequently impose a minimum price of $0.25 per page for copies, adhering to a uniform fee schedule (see La. Admin. Code tit. 4, § I-301).

    Free Access to Criminal Court Records in Louisiana

    In Louisiana, registers of action, public terminals at parish courthouses, and online docket searches all provide free access to criminal court data. Users can access the parties, charges, and case status, among other basic case information, using these sites. Access isn't always free, though; certified copies, accompanying exhibits, and older cases typically incur a cost. Under certain conditions, indigent petitioners may request fee waivers from the court, which would preserve the openness and public control of the legal system while allowing them to obtain necessary records at no cost.

    Sealing/Expungement of Criminal Court Records in Louisiana

    "Sealing" and "expungement" are legal procedures that impact criminal court records in Louisiana. While the main record is kept intact, sealing restricts public access to a case file, allowing only specific parties to read it.

    Expungement erases or corrects some of the legal ramifications of the offense by changing or expunging conviction entries from official records in accordance with Louisiana law. The type of offense, the outcome of the case, and the statutory waiting periods are some of the variables that determine eligibility for either process.

    Although their impacts on record accessibility vary considerably, both systems seek to strike a balance between public safety, openness, and personal rehabilitation.

    How to Seal Criminal Court Records in Louisiana

    Sealing and expungement are not distinct legal procedures in Louisiana. Criminal court records are made confidential through the expungement procedure, which is governed by Articles 971 through 995 of the Louisiana Code of Criminal Procedure. When a court issues an expungement, it directs the arresting agency, the Louisiana State Police repository, and the court clerk to remove the record from the public domain. According to the legislation, an expunged record is private and cannot be viewed by the general public. However, it can still be accessed by specific organizations, including law enforcement, prosecutors, and approved licensing bodies.

    The expungement ruling inherently includes what other states might refer to as "sealing" because the expungement act itself requires that documents be kept confidential. In Louisiana, sealing a criminal court record without expunging it is not a different process. An expungement must be requested by anyone wishing to limit public access; as a result, the court and law enforcement files are automatically sealed following the grant of the expungement.

    How to Expunge a Criminal Record in Louisiana

    Here is an outline of how to expunge criminal records in Louisiana:

    A person must first verify their eligibility under La. C.Cr.P. Art. 971-995, such as by being dismissed, acquitted, or having completed their sentence, probation, or parole and waiting out the necessary time frames (five years for misdemeanors under Art. 977, ten years for many felonies under Art. 978), free of prior convictions or pending charges.

    Following this, the individual can use the statutory form (Article 986) and attach the necessary documents, such as a background check, disposition documents, and prosecution certification, to submit a motion for expungement in the court where the conviction or arrest occurred.

    The clerk is required to notify the Louisiana State Police database, the district attorney, and the arresting agency. The court will hold a contradictory hearing if an agency objects within 60 days, and the objector must use the preponderance test to support their refusal (Article 980).

    An expungement order, which renders the record confidential and prevents public access, is issued by the court if it determines that the statutory requirements are satisfied and there are no legitimate objections. Filing fees are limited (by Art. 983) to $550. However, there may be exclusions or waivers for certain non-conviction or dismissed cases.

    Criminal Records in Louisiana Vs Court Records

    The Louisiana State Police Bureau of Criminal Identification and Information is responsible for maintaining criminal records, also known as criminal history record information (CHRI), in the Louisiana Automated Computerized Criminal History (LACCH) system. These documents contain fingerprint-based arrest, charge, and disposition information (convictions, acquittals, and sentences) that courts and law enforcement have provided. La. R.S. 15:587 governs access to these, limiting who can view CHRI and under what circumstances.

    Criminal court records, on the other hand, are court documents prepared and kept up to date by the clerk of the parish or district court in which the case was prosecuted. They consist of dockets/registers of activity, charge documents, motions, orders, verdicts, sentencing judgments, and appellate decisions. Until they are sealed or made confidential by law or a court order, these files are public ("public records").

    Requesting a Louisiana Criminal History Record (CHRI/RAP Sheet)

    Through the Louisiana Automated Computerized Criminal History (LACCH) system, the Louisiana State Police, Bureau of Criminal Identification & Information (BCII), is responsible for maintaining criminal history records in the state. Fingerprint-based arrest information, criminal charges, dispositions (such as convictions or acquittals), sentencing, and expungement annotations are all included in these criminal history records. According to La. R.S. 15:587 only permits approved criminal justice or non-criminal justice entities to seek information from criminal history records.

    Although Louisiana's closed-record policy typically prohibits the public from accessing another person's criminal history, an individual (or their designated representative) may seek their own certified criminal history report through BCII in accordance with La. R.S. 15:588 ("Right to Review").

    How to Request a Louisiana Criminal Background Check

    The Louisiana State Police's Bureau of Criminal Identification and Information (BCII) handles state background checks in Louisiana. To guarantee accuracy, identification must be based on fingerprints.

    Here are the steps to follow when requesting your own record:

    • Fill out the request form: Use the "Right to Review" form available on the Louisiana State Police website.
    • Fingerprinting: Present a complete set of fingerprints on official FBI fingerprint cards (FD-258) or electronically through an authorized LiveScan vendor.
    • Send in Materials and Fees: If the fingerprint card is not electronic, mail it to BCII in Baton Rouge along with the completed form and the applicable fee, currently around $26, plus any vendor fingerprint fees.
    • Obtain Results: The State Police mails the criminal history record straight to the person who requested its processing.

    The seeking agency usually sets up electronic fingerprint submission and must provide an authorization form for employment or licensing purposes. La. R.S. 15:587 and 15:588 limit public access to a person's criminal history by allowing dissemination to only approved entities or the subject of the record.

    Active vs. Archived Criminal Cases in Louisiana

    In Louisiana, an active criminal case is a prosecution that is still pending and has not been resolved by trial, plea, diversion, or dismissal. These cases are still listed on the court calendars that are now in effect. One can search for them in real time by visiting the clerk of court's office where the case was filed or by using the online portals and docket systems of the parish or district court.

    According to the Louisiana Judiciary Records Retention Schedule, archived criminal cases are those that have been concluded and retained beyond the usual court administration periods (La. R.S. 44:36). Typically, these files are transferred to archival or off-site storage facilities. Access requires submitting a formal, written request for retrieval to the relevant court clerk; additional retrieval time and processing or copying fees are typically incurred.