NEW ORLEANS (AP) — A Louisiana Supreme Court ruling means a man will have to continue to register as a person convicted of a sex offense even though his video voyeurism conviction was set aside after he served probation.
The high court, in an order dated Tuesday, refused to reconsider a May ruling in the case of Mark A. Davidson.
Court records show he pleaded guilty in 2005 in Monroe and was ordered to serve three years of probation. After the probation was completed the court agreed to dismiss the conviction.
But the high court ruled that state law still requires Davidson to register as a person convicted of a sex offense.
Davidson had moved to Florida and was considering a return to Louisiana in 2016 when he filed suit to bring an end to his registration requirement in the state where he was convicted. A state district judge agreed the requirement should end. But an appeal court and, this year, the state Supreme Court, disagreed.
The higher courts acknowledged conflicts in state law but said that ultimately, a conviction set aside after probation is not the same as an acquittal, and that Davidson remains obligated to register if he returns to the state.