Art. 923. Expungement and sealing of adjudications involving human trafficking victims
A. A motion to set aside an adjudication pursuant to the provisions of this Article,
may be filed and served upon the district attorney at any time following an adjudication of
delinquency and completion of the disposition relating thereto involving the offenses of
prostitution pursuant to R.S. 14:82, prostitution by massage pursuant to R.S. 14:83.3 or 83.4,
or crime against nature by solicitation pursuant to R.S. 14:89.2 when the child's participation
in the offense was a result of having been a victim of human trafficking under R.S. 14:46.2
or a victim of a severe form of trafficking under the federal Trafficking Victims Protection
Act (22 U.S.C. 7101 et seq.).
B. The motion shall be in writing, shall describe the supporting evidence with
particularity, and shall include copies of any documents showing that the child is entitled to
relief under this Article.
C. The motion shall not be denied without a contradictory hearing unless it appears
on the face of the motion that, as a matter of law, the child is not entitled to the relief sought.
D. The court shall grant the motion if the court finds by a preponderance of the
evidence that the violation was a result of the child having been a victim of human
trafficking. Documentation of a child's status as a victim of human trafficking provided by
a federal, state, or local government agency shall create a presumption that the child's
adjudication was obtained as a result of having been a victim of human trafficking.
However, such documentation shall not be required to grant a motion under this Article.
E. If the motion is granted, the court shall order the expungement and sealing of the
record and report of the juvenile proceedings including all records and files related to the
child's arrest, citation, investigation, charge, delinquency proceedings, adjudication, and
probation for the offense.
Acts 2013, No. 429, §3, eff. June 24, 2013; Acts 2017, No. 362, §1.