What may be reported on a state criminal history search?
- Jurisdiction where record is recorded
- Case number
- Filing date
- Degree of offense, like misdemeanor
- Disposition date
State Restrictions on Criminal Record Considerations
Federal laws, including the Civil Rights Act of 1964 and the Fair Credit Reporting Act, mandate certain employment practices to prevent discrimination and unfair hiring practices. Some states, Louisiana included, take extra steps to govern hiring practices. Here is a helpful look at the restrictions employers in Louisiana must keep in mind.
Ban the Box: There are currently no ban the box rules for private employers within Louisiana. State employers of "unclassified" workers (those not in a sensitive job role, e.g. a corrections officer) must delay inquiries into criminal history until after an initial interview. No inquiries may be made if there is no intention to conduct an interview with the candidate. The cities of Baton Rouge and New Orleans have both banned the box for municipal positions in the city that would not otherwise require a background check.
Arrest Records: Typically, Louisiana does not impose restrictions on employers who wish to ask applicants about their history of arrests, and information about arrests is permissible for use in employment decisions. Expunged arrests and those under seal may not be considered.
Conviction Records: Louisiana allows non-expunged and sealed convictions to be used in any private employer's hiring considerations. Public employers statewide may only disqualify applicants based on certain types of convictions, including high misdemeanors, felonies, and other convictions resulting in jail time. There are also exceptions for crimes of "moral turpitude.”