Juvenile court in Louisiana: the age-17 line, adult court, and clearing a record

Under Article 804 of the Children's Code, a 'child' for juvenile court is a person who commits a delinquent act (an act that would be a crime for an adult) before turning 17. The same article says a delinquent act is one committed by a child 10 or older, and it leaves out traffic violations.

This is a reversal. From July 1, 2020, until April 19, 2024, the cutoff was 18, after Louisiana's earlier 'raise the age' change. Today, a 17-year-old accused of a crime in Louisiana is generally handled in adult court.

The date of the act matters, not the date of arrest. Someone who is 19 but committed an act at 16 can still count as a 'child' under Article 804, since the definition reaches people under 21.

Article 305 of the Children's Code covers the most serious charges. If a child is 15 or older and accused of first degree murder, second degree murder, aggravated or first degree rape, or aggravated kidnapping, the case starts in juvenile court. It moves to adult court if a grand jury returns an indictment (a formal charge) or if a juvenile judge finds probable cause at a continued custody hearing. The district attorney chooses which path to take. If the child is held in detention, the district attorney has 60 calendar days after the arrest to file.

In every juvenile case, a young person has the right to a lawyer. In In re Gault (1967), the U.S. Supreme Court ruled that a child facing juvenile court and possible confinement must be told of the right to a lawyer, and that one will be appointed if the family cannot pay.

This article could not confirm a Louisiana law that requires police to call a parent before questioning a minor. You can still say calmly that you want a lawyer and a parent before you answer questions.

Louisiana lets people ask the juvenile court to expunge and seal a record (remove it from public view). Under Article 918, a case that never ended in an adjudication (the juvenile court's version of a guilty finding) can be expunged at any time.

For most adjudications, the juvenile court must first have ended its supervision of the case. The person also needs no adult felony convictions, no adult misdemeanor convictions against a person involving a firearm, and no pending charges. For murder, manslaughter, kidnapping, armed robbery, or a sex offense that requires registration, five years must pass after the last judgment was satisfied.