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STATE v. EXPUNGED RECORD NO. 249,044

No. 2003-KA-1940.

881 So.2d 104 (2004)

STATE of Louisiana v. EXPUNGED RECORD (NO.) 249,044.

Supreme Court of Louisiana.

Opinions on Rehearing September 24, 2004.

Attorney(s) appearing for the Case

Hon. Charles C. Foti, Jr., Attorney General, Hon. James C. Downs, District Attorney, Burton P. Guidry, Asst. Attorney General, H. Bradford Calvit, Alexandria, Counsel for Applicant.

Thomas D. Davenport, Jr., W. Jay Luneau, Counsel for Respondent.

Donald W. North, Baton Rouge, Counsel for Southern University Criminal Law Clinic (Amicus Curiae).

JOHNSON, Justice.

We are called upon in this case to determine the constitutionality of LSA-R.S. 44:9(B)(1) which provides for the expungement and destruction of an arrest record when an individual was arrested for the violation of a misdemeanor offense, but prohibits destruction of the arrest record when an individual was arrested for the violation of a felony offense. The trial court ruled that the statute was unconstitutional...

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