STATE OF LOUISIANA v. RAYMOND FORMAN (2023)

Court of Appeal of Louisiana, Fourth Circuit.

STATE OF LOUISIANA v. RAYMOND FORMAN

NO. 2023-K-0578

Decided: October 06, 2023

(Court composed of Judge Rosemary Ledet, Judge Tiffany Gautier Chase, Judge Dale N. Atkins)

Laura Anne Reeds JUSTICE & ACCOUNTABILITY CENTER OF LOUISIANA 4035 Washington Ave, Suite 203 New Orleans, LA 70125 COUNSEL FOR RELATOR Jason Rogers Williams, District Attorney ORLEANS PARISH DISTRICT ATTORNEY'S OFFICE 619 S. White Street New Orleans, LA 70119 COUNSEL FOR RESPONDENTS

We grant the application for rehearing for clarification purposes only. As Mr. Forman correctly points out in his rehearing application, a person seeking to expunge a misdemeanor conviction may proceed under either La. C.Cr.P. art. 977(A)(1) or La. C.Cr.P. art. 977(A)(2). See La. C.Cr.P. art. 977(A) (providing that a person may file a motion to expunge his record of arrest and conviction of a misdemeanor offense if either Article 977(A)(1) or Article 977(A)(2) apply). We further clarify that La. C.Cr.P. art. 977 does not apply to a record of arrest that did not result in conviction; the expungement statute of records of arrests that did not result in a conviction is governed solely by La. C.Cr.P. art. 976. Nonetheless, the result in this case remains the same; our original opinion is unchanged.

DECREE

For the foregoing reasons, Mr. Foreman's application for rehearing is granted for purposes of clarification only. This Court's judgment is unchanged.

REHEARING GRANTED FOR CLARIFICATION; JUDGMENT UNCHANGED

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