State v. Diaz

Relator was arrested for aggravated rape in 1989 and filed a motion for a preliminary examination. On the day set for the hearing the prosecutor announced in open court that he was refusing the charges.

Relator then filed a motion for expungement of the arrest records under La.Rev. Stat. 44:9. The prosecutor opposed the motion on the basis that there is no prescriptive period for this offense and that the “case could be reopened if further evidence arises”.

La.Rev.Stat. 44:9 B and C, as amended in 1985 and 1989, provide:

B. Any criminal court of record in which there was a nolle prosequi, an…