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State v. Flynn

Supreme Court of Louisiana

November 20, 2018

STATE OF LOUISIANA
v.
BRADY T. FLYNN

          ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF ST. TAMMANY

          JOHNSON, C.J., would grant the writ application and assigns reasons.

         I would grant the writ application to consider whether Mr. Flynn is entitled to an expungement of his conviction for possession with intent to distribute marijuana, where his sentence was suspended rather than deferred.

         Relative to expungement, Louisiana Code of Criminal Procedure article 978 provides in part:

A. Except as provided in Paragraph B of this Article, a person may file a motion to expunge his record of arrest and conviction of a felony offense if either of the following apply:
(1) The conviction was set aside and the prosecution was dismissed pursuant to Article 893(E).
(2) More than ten years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the felony conviction, and the person has not been convicted of any other criminal offense during the ten-year period, and has no criminal charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that, to his knowledge, the applicant has no convictions during the ten-year period and no pending charges under a bill of information or indictment.
B. No expungement shall be granted nor shall a person be permitted to file a motion to expunge the record of arrest and conviction of a felony offense if the person was convicted of the commission or attempted commission of any of the following offenses:
(3) A violation of the Uniform Controlled Dangerous Substances Law, except for any of the following which may be expunged pursuant to the provisions of this Title:
(a) A conviction for possession of a controlled dangerous substance as provided for in R.S. 40:966(C), 967(C), 968(C), or 969(C), or 970(C).
(b) A conviction for possession of a controlled dangerous substance with the intent to distribute.
(c) A conviction for a violation of the Uniform Controlled Dangerous Substances Law which is punishable by a term of imprisonment of not more than five years.
(d) A conviction for a violation of the Uniform Controlled Dangerous Substances Law which may be expunged ...

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