Legal Question in Criminal Law in Louisiana

Change in Sex Offender Law

My friend was convicted in 2000 of carnal knowledge of a juvinle. The terms of the sentence was one year parole and did not have to register as a sex offender and received a first offender pardon. He is now trying to get it expunged and they are saying tha the law has changed and he has to register as a sex offender. Is this legal to do this since a judge has already stated in his sentence that he does not have to register? Also, shouldn't the first offender pardon give him an automatic expungement


Asked on 7/22/08, 11:04 am

2 Answers from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Change in Sex Offender Law

First of all, the law did change, but I do not believe he has to register unless it was mandatory that he register. It used to be that registration was for 10 years, but now it is for life. If it was mandatory that he register in 2000, and the Judge ignored it, then he may have a problem. I hope someone else can be more precise on that issue. As for your second question, a 1st offender pardon DOES NOT expunge the offender's record.

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Answered on 7/22/08, 11:31 am
Andrew Casanave Andrew M. Casanave

Re: Change in Sex Offender Law

He needs an experienced criminal lawyer to tell him exactly where he stands (there are too many possibilities to cover here) and possibly sue the state so he does not have to register. Last week I spoke with a Dept of Corrections official regarding this problem. It can only be solved in the courts.

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Answered on 7/22/08, 1:01 pm


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