A. The clerk of court may, upon consent of the judge who presided over the case, or a majority of the judges of the court sitting en banc and with authorization from the state archivist as provided in R.S. 44:411, cause electronically taped proceedings, both audio and video, in civil, criminal, traffic, and juvenile cases to be erased when such records have been deemed to have no further use or value.
B. Such destruction of audio and video tapes shall only be authorized:
(1) When one year has elapsed from the expiration of appeal delays; or
(2) If the defendant has been incarcerated, when such defendant is released from incarceration.