STATE OF LOUISIANA * NO. 2023-K-0578 VERSUS * COURT OF APPEAL RAYMOND FORMAN * FOURTH CIRCUIT * STATE OF LOUISIANA *******

APPLICATION FOR WRITS DIRECTED TO CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 449-693, SECTION “H” Honorable Camille Buras, Judge ****** Judge Rosemary Ledet ****** (Court composed of Judge Rosemary Ledet, Judge Tiffany Gautier Chase, Judge Dale N. Atkins) ON APPLICATION FOR REHEARING

Laura Anne Reeds JUSTICE & ACCOUNTABILITY CENTER OF LOUISIANA 4035 Washington Ave, Suite 203 New Orleans, LA 70125 COUNSEL FOR RELATOR Jason Rogers Williams, District Attorney ORLEANS PARISH DISTRICT ATTORNEY’S OFFICE S. White Street New Orleans, LA 70119 COUNSEL FOR RESPONDENTS REHEARING GRANTED FOR CLARIFICATION; JUDGMENT UNCHANGED October 6, 2023 RML We grant the application for rehearing for clarification purposes only. As TGC Mr. Forman correctly points out in his rehearing application, a person seeking to DNA expunge a misdemeanor conviction may proceed under either La. C.Cr.P. art. 977(A)(1) or La. C.Cr.P. art. 977(A)(2). See La. C.Cr.P. art. 977(A) (providing that a person may file a motion to expunge his record of arrest and conviction of a misdemeanor offense if either Article 977(A)(1) or Article 977(A)(2) apply). We further clarify that La. C.Cr.P. art. 977 does not apply to a record of arrest that did not result in conviction; the expungement statute of records of arrests that did not result in a conviction is governed solely by La. C.Cr.P. art. 976. Nonetheless, the result in this case remains the same; our original opinion is unchanged.

DECREE For the foregoing reasons, Mr. Foreman’s application for rehearing is granted for purposes of clarification only. This Court’s judgment is unchanged.

REHEARING GRANTED FOR CLARIFICATION; JUDGMENT UNCHANGED