Louisiana Background Check Laws

Louisiana has a 'ban-the-box' law that applies to state agencies and political subdivisions. This law, La. R.S. 42:1701, prohibits these public employers from inquiring about an applicant's criminal history on an initial employment application. They can only inquire about criminal history after an applicant has been deemed otherwise qualified for the position and has been interviewed. This allows applicants with criminal records to be considered based on their qualifications first.

Louisiana law does not significantly alter or add to the federal FCRA's core requirements for private employers regarding consumer reports. However, employers must still adhere to the FCRA's provisions for disclosure, authorization, adverse action notices, and permissible purpose when using third-party background check companies. The state's ban-the-box law for public employers is a key distinction from federal law, which does not mandate such a restriction.

Louisiana law does not impose additional reporting limitations beyond those set by the federal FCRA. The FCRA generally prohibits reporting non-conviction criminal records (arrests not leading to conviction, dismissed charges) that are more than seven years old, and civil suits, civil judgments, paid tax liens, accounts placed for collection, and records of arrest that are more than seven years old. Bankruptcies can be reported for 10 years. These limitations typically do not apply to jobs with an annual salary of $75,000 or more.

In Louisiana, expunged records are generally treated as if they never occurred. Employers are typically prohibited from inquiring about or considering expunged criminal records. La. R.S. 44:9 outlines the process and effects of expungement, stating that an expunged record cannot be used to disqualify an applicant for employment. Employers should ensure their background check providers are aware of and comply with these expungement rules, and should not take adverse action based on expunged information.