Opinion
No. 94-KH-1142
December 9, 1994
IN RE: Williams, Cody Wayne; — Plaintiff(s); Applying for Supervisory and/or Remedial Writ; Parish of Claiborne 2nd Judicial District Court Div. "A" Number 31,986; to the Court of Appeal, Second Circuit, Number 26371-KW
Writ granted; case remanded. The district court is directed to order that the records of relator's misdemeanor arrest for which "the time limitation for institution of prosecution . . . has expired and no prosecution has been instituted" be expunged and destroyed. LSA-R.S. 44:9 (A) (1); State v. Savoie, 92-1586 (La. 5/23/94), 637 So.2d 408. The district court is further directed to hold a contradictory hearing with the arresting agency on the question of expungment of relator's felony arrests for which "the time limitation for institution of prosecution . . . has expired and no prosecution has been instituted." R.S. 44:9 (C); La.C.Cr.P. art. 571. Cf. Savoie, p. 3, 637 So.2d at 410.
KIMBALL, J. not on panel.