Legal Question in Criminal Law in Louisiana
Mantaining da files and police reports
What does LSA R.S. 44 - 36 state. If files have been destroyed under this article legally could that be used as a post conviction turnover.
2 Answers from Attorneys
Re: Mantaining da files and police reports
I don't think you understand La. R.S. 44:9 relating to the expungement of records of arrests and prosections. A person can get relief, in certain circumstances, essentially if he or she is not convicted of a crime, i.e. the person is acquitted at trial, the charges are dismissed by the prosecutor, or the time limits for instituting a prosecution or trial have run. You shouldn't be able to get the records of a crime which resulted in a conviction expunged, therefore, this staute is inapplicable for post conviction relief.
Re: Mantaining da files and police reports
The statute that you ask about is quite long and covers many different circumstances. Please ask a more specific question.
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