State v. Barbin

BARRY, Judge.

Ex proprio motu we are reconsidering our prior disposition in K-6813 which we now set aside.

In 1964 applicant pleaded guilty to one count of La.R.S. 14:89, her one year sentence was suspended, and she was placed on probation which was successfully completed. On March 10, 1983 her conviction was set aside and a judgment of acquittal entered pursuant to La.C.Cr.P. Art. 893.1 In 1986 a motion to expunge her record under La.R.S. 44:9 was denied. The trial court reasoned “that the legislature intended for an expungement to be permissible only where no action had been taken on the part…