Legal Question in Criminal Law in Louisiana

Overturning a ruling

A friend of mine pleaded no contest to a case in a case with a minor and the verdict by the judge was one year probation and did not have to register as a sex offender. Now, ten years later he is trying to get it expunged and they have stated that he has to file as a sex offender. Is it legal for them to overturn a ruling that has already been given? He has been living normally alway thinking that he won't have to register because a judge ruled it and now all of a sudden he has to. Is this against the law for them to change a ruling.


Asked on 8/11/08, 10:33 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Overturning a ruling

You have asked this question in many different ways. Has no one answered it? Under the old law, which changed on July 7, 2008, one had to register as a sex offender for a period of 10 years. If it has been 10 years, it would appear that even if he had had to register, the 10 year requirement would have lapsed. On July 7, 2008, the registration was changed from 10 years to life, and it specifically made improper a Court order that registration is not necessary. The DA and the sex offender can petition the court to waive the registration requirement. If your "friend" was convicted over 10 years ago as of July 7, 2008, he should argue that the constitution prohibits ex post facto laws.

Read more
Answered on 8/11/08, 1:14 pm


Related Questions & Answers

More Criminal Law questions and answers in Louisiana