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State v. Expunged Record (#) 2497/2/2004
In conclusion, we hold that appellee, the party challenging the constitutionality of the statute, has failed to meet his stringent burden of proving that LSA-R.S. 44:9(B)(1) does not meet a valid state purpose, under the minimal scrutiny standard of Louisiana's equal protection analysis. We conclude that retaining felony arrest records does serve a legitimate government interest, as does the statutory classification. Therefore, we find LSA-R.S. 44:9(B)(1) to be constitutional. The trial court's ruling is hereby REVERSED.
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 because it violated appellee's equal protection rights under the Louisiana and United States Constitutions and the Separation of Powers Doctrine. For the reasons that follow, we reverse the trial court's ruling and hold that LSA-R.S. 44:9(B)(1) is constitutional because the statutory classification is rationally related to a valid state interest.
FACTS and PROCEDURAL HISTORY
On January 9, 1998, Appellee was arrested by the Rapides Parish Sheriff's Office for the felony offenses of Obstruction of Justice, in violation of LSAR.S.14:130.1, and False Impersonation, in violation of LSA-R.S. 14:112.1. The alleged violations occurred during the course of a criminal investigation where appellee, who at the time was a deputy marshal for the City of Monroe, allegedly interviewed a minor without proper authorization and misrepresented himself as a U.S. marshal. On September 8, 1998, after review, the Rapides Parish District Attorney's office dismissed the felony charges against appellee. Appellee then moved to have his arrest record expunged and destroyed.
The trial court ordered appellee's arrest record expunged, but not destroyed. After the time limitations for instituting prosecution of the crimes expired, Appellee filed a Rule to Modify Judgment or, Alternatively, Petition for Declaratory Judgment where he asserted that "(o)n January 9, 2002, the Petitioner became vested with the right to have the January 9, 1998 arrest record completely destroyed as if it never existed." In the alternative, Appellee argued that LSA-R.S. 44:9(B)(1) was unconstitutional because it violated his equal protection rights under the Louisiana and United States Constitutions and because the statute violated the Separation of Powers Doctrine.
On March 11, 2002, the trial court granted Appellee's motion and directed all appropriate entities to destroy all records in connection with Appellee's arrest of January 9, 1998. The Rapides District Attorney's Office appealed the decision to the Third Circuit Court of Appeal.
The Court of Appeal concluded that LSA-R.S. 44:9 provided for the expungement and destruction of misdemeanor arrest records but that there was no such provision for felony arrest records. State v. Expunged Record Number 249,044, 02-589 (La. App. 3rd Cir. 2002), 833 So.2d 553, 555. Therefore, the Court of Appeal reversed the trial court's ruling and held that the "trial court's grant of Appellee's request for destruction of his felony arrest records was a misapplication of the law." Id.
Regarding the constitutionality of the statute, the Court of Appeal determined that there was no evidence in the record that the Attorney General had ever been served, as required by law when the constitutionality of a statute is at issue.
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