R.S. 44:9(B)(1) Is Constitutional, La. Supreme Court Holds

Revised Statute 44:9(B)(1) allows expungement and destruction of an arrest record when the individual was arrested for a misdemeanor, but not when the individual was arrested for a felony. A trial court ruled the statute unconstitutional as violating the Equal Protection clauses of the United States and Louisiana Constitutions, and as violating separation of powers. But today, in State v. Expuged Record # 249,044, the Louisiana Supreme Court reversed that decision, holding the statute constitutional "because the statutory classification is rationally related to a valid state interest."

Posted by RPW at July 2, 2004 03:41 PM