La. R.S. § 14:133.7 Publication of Certain Criminal Record Information Or Juvenile Record Information Prohibited

LibraryLouisiana Statutes
Edition2023
CurrencyCurrent with changes from the 2023 Legislative Session
Year2023
CitationLa. R.S. § 14:133.7

A.

(1) No person or business entity shall:

(a) Publish confidential juvenile record information or confidential criminal record information of a child.

(b) Publish any criminal history record or criminal history record information in the person's or business entity's possession with respect to which the person or business entity has received notice that either:

(i) An order of expungement has been entered pursuant to Code of Criminal Procedure Article 971 et seq.

(ii) An order of nondisclosure has been issued by a court of competent jurisdiction.

(c) Charge a fee to remove, correct, or modify any criminal history record or criminal history record information that the person or business entity has published.

(d) Continue to publish an incomplete or inaccurate criminal history record or inaccurate criminal history record information.

(2) A person or business entity does not violate this Section if the person or business entity published confidential juvenile record information or confidential criminal record information of a child and:

(a) The child who is the subject of the records gives written consent to the publication on or after the child reaches the age of eighteen years.

(b) The publication of the information is authorized or required by any other provision of law.

B.

(1) A person or business entity shall ensure that a criminal history record or criminal history record information that the person or business entity publishes is complete and accurate.

(2) For purposes of this Section, a criminal history record or criminal history record information published by a person or business entity is considered:

(a) "Complete" if the information reflects the notations of arrest and the filing and disposition of criminal charges, as applicable.

(b) "Accurate" if the information reflects the most recent information received by the entity from a law enforcement agency, criminal justice agency, or any other governmental entity within sixty days preceding the date of publication.

(3) The person or business entity shall clearly and conspicuously publish an email address, facsimile transmission number, or mailing address in order to enable a person who is the subject of a criminal history record or criminal history record information published by the person or business entity to dispute the completeness or accuracy of the published information.

(4) If a person or business entity receives a dispute regarding the completeness or accuracy of a criminal history record or criminal history record information from a person who is the subject of the published information, the person or business entity shall, within thirty business days of receiving the notice of the dispute, verify with the appropriate law enforcement agency, criminal justice agency, or any other governmental entity, without cost to the person, the disputed information.

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