§ 13:1904 — City courts; destruction of useless records; certain courts

Louisiana § 13:1904

• Jurisdiction: Louisiana
• Title 13: Courts and Judicial Procedure

Text

§1904. City courts; destruction of useless records; certain courts
A. The clerk of court may, upon consent of the judge or of the majority of judges in
jurisdictions with several divisions and with authorization from the state archivist as
provided in R.S. 44:411, destroy records of any of the following judicial proceedings when
such records have been deemed by the presiding judge or judges to have no further use or
value: suits on open accounts, tort suits, suits on unsecured notes, suits on promissory notes,
suits on chattel mortgages, and suits for eviction of tenants and occupants. However, such
proposed destruction shall be authorized only when ten years have elapsed from the last date
of action on the record or records.
B. No cause of action shall exist against any clerk or judge for the destruction of such
records in accordance with the provisions of this Section.
C. Notwithstanding the provisions of Subsection A of this Section to the contrary,
the clerk of court of any city court may, upon consent of the judge or of the majority of
judges if there is more than one city judge and with authorization from the state archivist as
provided in R.S. 44:411, destroy records of judicial proceedings involving suits for eviction
of tenants and occupants when such records have been deemed by the presiding judge or
judges to have no further use or value. However, such proposed destruction shall be
authorized only when two years have elapsed from the last date of action on the record or
records when the suit is not appealed or two years have elapsed after all appeals are
exhausted.
D. The clerk of court of any city court may, upon consent of the judge or of the
majority of judges if there is more than one city judge and with authorization from the state
archivist as provided in R.S. 44:411, destroy records of criminal proceedings involving
misdemeanor convictions when such records have been deemed by the presiding judge or
judges to have no further use or value. However, such proposed destruction shall be
authorized only when ten years have elapsed from the date of the judgment of conviction
when the conviction is not appealed or two years have elapsed after all appeals are exhausted.
The provisions of this Subsection shall not apply to a conviction for operating a vehicle while
intoxicated.
E. The destruction of criminal records authorized by Subsection D of this Section
may occur only after the clerk of court's office has scanned the records and stored them in
an electronic format that is in compliance with all rules adopted by the Department of State
relative to retention and storage of records or has an approved digital imaging exception
pursuant to R.S. 44:39.

Legislative History

Acts 1985, No. 313, §1; Acts 2003, No. 613, §1; Acts 2006, No. 197, §1; Acts 2010, No. 166, §1; Acts 2012, No. 101, §1, eff. May 11, 2012; Acts 2016, No. 211, §1, eff. May 26, 2016; Acts 2019, No. 291, §1.