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March 17, 2026 Get Citation Alerts Download PDF Add Note

State of Louisiana v. George Lewis

Louisiana Court of Appeal

• Citations: None known
• Docket Number: 2026-K-0124
• Judges: Judge Rosemary Ledet; Judge Tiffany Gautier Chase; Judge Rachael D. Johnson

• Disposition: Writ Denied With Reasons

• Opinion

• Authorities (0)

• Cited By (0)

• Summaries (0)

• Similar Cases (10.6K)

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Disposition

Writ Denied With Reasons

Lead Opinion

                        by Judge Rachael D. Johnson

STATE OF LOUISIANA * NO. 2026-K-0124

VERSUS * COURT OF APPEAL

GEORGE LEWIS * FOURTH CIRCUIT

• STATE OF LOUISIANA

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APPLICATION FOR WRITS DIRECTED TO
CRIMINAL DISTRICT COURT ORLEANS PARISH
NO. 486-613, SECTION “C”
Honorable Benedict J. Willard, Judge

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Judge Rachael D. Johnson

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(Court composed of Judge Rosemary Ledet, Judge Tiffany Gautier Chase, Judge
Rachael D. Johnson)

John J. Radziewicz
Vallon Hicks
Spencer Duet
Crescent City Law Firm, L.L.C.
935 Gravier Street, Ste. 1450
New Orleans, LA 70112

COUNSEL FOR RELATOR/ DEFENDANT

Jason R. Williams
DISTRICT ATTORNEY
Brad Scott
ASSISTANT DISTRICT ATTORNEY
ORLEANS PARISH DISTRICT ATTORNEY’S OFFICE
619 South White Street
New Orleans, LA 70119

COUNSEL FOR RESPONDENT/ STATE OF LOUISIANA

WRIT DENIED
WITH REASONS
MARCH 17, 2026
RDJ
RML
TGC
Relator, defendant George Lewis, seeks review of the January 14, 2026

district court ruling denying his motion for expungement. After reviewing the

Relator’s writ application, we deny the Relator’s writ. Relator is invited to re-file

his motion in compliance with La. Code Crim. Proc. arts. 971-995.

In February 2009, Relator was arrested for second-degree murder, a

violation of La. Rev. Stat. 14:30.1, in New Orleans. However, the District

Attorney accepted the charge of manslaughter, a violation of La. Rev. Stat. 14:31,

and the State filed a bill of information charging Relator with one count of

manslaughter. Relator pled guilty to the amended charge of negligent homicide, a

violation of La. Rev. Stat. 14:32, and was sentenced to five years imprisonment at

hard labor, pursuant to an agreement with the State.

In October 2025, Relator moved to expunge his arrest for second-degree

murder and related negligent homicide conviction. A hearing on Relator’s motion

was held on January 14, 2026. Relator’s counsel was not present for the hearing,

but the District Attorney’s Office noted that it did not oppose the expungement.

The district court denied the motion without reasons and stated that Relator could

re-file his motion.

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After the ruling, counsel for Relator, appeared in court and re-urged the

motion. The district court again held that Relator could re-file his motion, and

Relator noted his objection. This timely writ application followed.1

“Generally, misdemeanor and certain felony offenses are eligible for

expungement if the applicant has waited the requisite period of time to obtain

expungement (the “cleansing period”); the applicant has remained free of criminal

convictions—or felony convictions, in the case of misdemeanor expungement—

during the cleansing period; and the applicant has no criminal charges pending at

the time he seeks expungement.” State v. Thomas, 23-0070, p. 4 (La. App. 4 Cir.

3/17/23), 359 So. 3d 1037, 1040 (citing La. C.Cr. P. arts. 977 and 978).

“Obtaining an expungement of these records allows for the removal of a

record from public access but does not result in the destruction of the record.” La.

C.Cr. P. art. 971(1). “The current laws governing expungement, La. C. Cr. P. arts.

971 to 995, were enacted in 2014 when the former law underwent a comprehensive

revision,” to balance “the employment needs of persons who were required to

undergo criminal history checks and the desire for public safety.” State v. Fabio,

53,790, pp. 3-4 (La. App. 2 Cir. 3/3/21), 315 So.3d 388, 391 (citing 2014 La. Acts,

No. 145; La. C. Cr. P. art. 971(3)-(7)).

Defendants with felony convictions may file a motion to expunge their arrest

records and convictions when more than ten years have elapsed since he or she

1 Relator attached to his writ application a certification letter from the Orleans Parish

District Attorney and an affidavit of the Louisiana State Police. In the District Attorney’s letter,
dated September 18, 2025, he certified that Relator had no pending charges and had not been
convicted of a criminal offense during the ten-year period since he completed his sentence. The
Louisiana State Police’s affidavit of response reflects that it was not opposed to the
expungement. However, neither of these documents were attached to Relator’s motion for
expungement.

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“completed any sentence, deferred adjudication, or period of probation or parole

based on the felony conviction,” and he or she “has not been convicted of any

other criminal offense during the ten-year period, and has no criminal charge

pending” against him or her. La. C.Cr. P. art. 978(A)(2). Motions for expungement

“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

immediately preceding the motion, and no pending charges under a bill of

information or indictment.” Id.

Moreover, La. C.Cr. P. art. 979 sets forth what entities are required to

receive notice of the motion:

A. The clerk of court shall serve notice of the motion of expungement
by United States mail or electronically upon the following entities:

(1) The district attorney of the parish of conviction.

(2) The Louisiana Bureau of Criminal Identification and
Information.

(3) The arresting law enforcement agency.

B. When service is made by United States mail, a certificate of
service shall be filed into the record indicating the date the motion
was placed in the United States mail for service.

Finally, La. C.Cr.P. art. 986 establishes what forms are required for

defendants to move for expungement:

A. Only the forms provided for in Articles 987, 988, 989, 990, 991, 992,
993, 994, 995 and 998 of this Code shall be used for filing motions to
expunge a record of…arrest and conviction of a … felony offense…

B. Supplemental forms may be added to any petition as long as they adhere
to the form provided for in Article 993 of this Code. (Emphasis added.)

In this case, the Relator’s motion is deficient pursuant to La. C.Cr. P. art.

989 because he failed to attach the following required documents:

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▪ A copy of the proof from the Department of Public Safety and
Corrections, office of motor vehicles, that it has received from the
clerk of court a certified copy of the record of the plea, fingerprints
of the Relator, and proof of the requirements set forth in C.Cr.P.
art. 556, which shall include Relator’s date of birth, last four digits
of his social security number, and his driver’s license number;

▪ A Criminal Background Check from the La. State Police/Parish
Sheriff dated within the past 60 days;

▪ The Bill of Information;

▪ The minute entry showing final disposition of case; and

▪ A Certification Letter from the District Attorney verifying that the
Relator has no convictions or pending applicable criminal charge
in the requisite time periods.

Further, Relator has not demonstrated, through the filing of certificates of

service, that the motion was served on the necessary agencies. To the extent that

Relator asserts that Louisiana State Police failed to timely oppose his motion, he

did not certify, in his motion that Louisiana State Police was served with the

motion. See La. C.Cr. P. art. 980.2

Relator is eligible for an expungement of his arrest and conviction pursuant

to La. C.Cr. P. art. 978. However, he failed to comply with all of the requirements

2 La. C.Cr.P. art. 980 sets forth the procedure for entities to object to an

expungement:

A. Any entity named in Article 979 of this Code that receives notice of the motion
may object to the granting of a motion to expunge a record.

B. (1) Except as provided in Subparagraph (2) of this Paragraph, an objecting party
shall file an affidavit of response with reasons for the objection in the record with
service to the defendant within sixty days from the date of service of the motion
and specifically state the grounds for the objection.

(2) On August 1, 2015, and thereafter, if the Louisiana Bureau of Criminal
Identification and Information objects to the granting of the motion to expunge a
record, it shall file an affidavit of response with reasons for the objection in the
record with service to the defendant within sixty days from the date of the service
of the motion.

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set forth in the Louisiana Code of Criminal Procedure to prevail on his motion by

attaching the requisite documents. Additionally, the record does not reflect that the

District Attorney, Louisiana State Police, or New Orleans Police Department were

served with the motion.

Accordingly, the Relator’s writ application is denied. Relator is invited to

re-file his motion in compliance with La. C.Cr. P. arts. 971-995.

WRIT DENIED
WITH REASONS

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