Louisiana Background Check Laws You Should Know
Louisiana background check rules combine federal law with state-specific statutes around expungement, fair-chance hiring, and industry-specific screening.
Federal Laws That Apply in Louisiana
Fair Credit Reporting Act (FCRA)
The FCRA is the primary federal law governing employment background checks. It requires Louisiana employers to:
- Provide a clear written disclosure before running a background check
- Get your written authorization
- Send a "pre-adverse action" notice with a copy of the report if they may take negative action based on it
- Send a final adverse action notice if they decide not to hire because of the report
The FCRA caps how long certain non-conviction information can be reported (generally seven years for arrests not resulting in conviction), but criminal convictions themselves have no federal time limit.
Title VII of the Civil Rights Act
Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin. EEOC guidance encourages Louisiana employers to make individualized assessments of criminal records rather than applying blanket disqualification policies.
Fair Chance to Compete for Jobs Act (Federal "Ban the Box")
For federal agencies and many federal contractors, this law delays criminal history questions until after a conditional job offer has been made.
Important Louisiana Laws
Louisiana Expungement, Articles 977 and 978
Louisiana law allows expungement of certain misdemeanor and felony arrest and conviction records:
- Misdemeanors (Article 977): Most misdemeanor convictions can be expunged after a five-year waiting period from the completion of the sentence, with certain exceptions for offenses involving sexual acts, stalking, or domestic abuse.
- Felonies (Article 978): Most felony convictions can be expunged after a ten-year waiting period, subject to eligibility limits, violent and sex offenses are generally excluded.
- Non-conviction records: Arrests that did not result in a conviction (refused, dismissed, acquitted) can usually be expunged through a simpler process under Articles 976 and 977.
Louisiana expungement requires filing a motion in the court of original jurisdiction, paying filing and processing fees (which can be substantial, often several hundred dollars), and obtaining the court's order. Once granted, an expungement removes the record from public access, though law enforcement and certain licensing agencies retain visibility.
Louisiana Ban-the-Box and the Fair Chance in Hiring Act
Louisiana's Ban-the-Box rule, established in 2016, applies to unclassified state employment, removing the conviction history question from initial state job applications. The 2021 Louisiana Fair Chance in Hiring Act (Act 406) extends additional restrictions to certain private employers, prohibiting blanket exclusions and requiring individualized assessment when using criminal history in hiring decisions. The law primarily addresses employers with 20 or more employees.
No General State Seven-Year Limit
Louisiana does not impose its own statewide cap on how far back conviction records can be reported in employment screening. The federal FCRA rules govern, non-conviction items are generally capped at seven years, but actual convictions can be reported indefinitely.
Industry-Specific Requirements
Several Louisiana industries have additional fingerprint-based background check requirements set by state or federal law, including:
- Healthcare workers, including nursing and direct care positions
- Public and private school employees, including teachers, aides, and bus drivers
- Childcare providers and youth-serving organizations
- Insurance, real estate, contracting, and certain financial-services licensees
Important: Louisiana law changes frequently, especially around expungement eligibility, filing fees, and fair-chance rules. Verify current requirements with the Louisiana State Police BCII, the Clerk of Court for your parish, or a qualified Louisiana attorney before acting on any specific situation.