At-a-Glance Compliance Overview

State Mini-FCRA Laws

Louisiana does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

Louisiana does not impose state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

In addition, Louisiana law restricts how non-conviction information may be used by employers, as outlined below.

Criminal History Use Restrictions (Fair Chance Hiring Act)

Louisiana has enacted a statewide fair chance law governing the use of criminal history in employment decisions:

La. R.S. § 23:291.2 — Fair Chance Hiring Act (Act 406, 2021)

Key Requirements

1. Prohibition on Use of Arrest Records

Employers may not request or consider arrest records or charges that did not result in a conviction when obtained through a background check.

2. Mandatory Job-Related Analysis

When considering criminal convictions, employers must evaluate whether the conviction has a direct and adverse relationship to the specific duties of the job.

Employers must consider:

• the nature and gravity of the offense
• the time elapsed since the offense
• the nature of the job

This analysis is required by statute and must support any adverse hiring decision.

3. Applicant Access to Background Information

If an applicant submits a written request, the employer must provide a copy of the background check or criminal history information used in the hiring decision

4. Coverage

This law applies to private employers (generally 20 or more employees).

Record Sealing / Expungement

Louisiana provides mechanisms for expungement of certain criminal records.

Relevant statutes include:

La. Code Crim. Proc. Art. 971 — General provisions
La. Code Crim. Proc. Art. 973 — Expungement of non-convictions
La. Code Crim. Proc. Art. 977 — Expungement of misdemeanor convictions
La. Code Crim. Proc. Art. 978 — Expungement of certain felony convictions

Eligible individuals may petition to expunge:

• arrests not resulting in conviction
• certain misdemeanor convictions
• limited felony convictions under specific conditions.

Expunged records are removed from public access and generally will not appear in routine employment background checks.

Fair Chance / Ban-the-Box Law

Louisiana does not restrict the timing of criminal history inquiries for private employers.

Employers may inquire about criminal history at any stage of the hiring process, including on initial job applications.

However, employers must comply with substantive use restrictions under La. R.S. § 23:291.2, which regulate how criminal history may be considered.

A separate ban-the-box policy applies to public employers only.

Credit Check Rules

Louisiana does not restrict employer use of credit reports for employment purposes.

Employers may obtain credit reports if they comply with the Fair Credit Reporting Act, including:

• disclosure
• authorization
• pre-adverse action notice
• adverse action procedures.

Cannabis Use and Drug Testing Rules

Louisiana permits medical marijuana use and provides limited employment protections in certain contexts, but does not require employers to broadly accommodate marijuana use.

Employers may:

• maintain drug-free workplace policies
• prohibit marijuana use during work hours
• discipline employees for workplace impairment or positive drug tests, subject to applicable law.

Pay Equity and Salary History Rules

Louisiana does not maintain a statewide salary history ban or pay transparency law affecting private employers.

Employers must comply with federal anti-discrimination laws governing compensation.

Local Fair Chance or Screening Ordinances

No local fair chance hiring ordinances, credit check restrictions, cannabis testing restrictions, or pay transparency laws affecting private employers have been identified in Louisiana.

Key Statutes

• Fair Chance Hiring Act — La. R.S. § 23:291.2
• Expungement (General) — La. Code Crim. Proc. Art. 971
• Expungement (Non-Convictions) — Art. 973
• Expungement (Misdemeanors) — Art. 977
• Expungement (Felonies) — Art. 978

Employer Compliance Checklist

Employers conducting background checks in Louisiana should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure, authorization, and adverse action requirements when ordering background checks.

• Do not request or consider arrest records or non-convictions obtained through background checks.

• Conduct and document a job-related analysis before making adverse decisions based on criminal convictions.

• Ensure that any adverse decision is supported by a direct relationship between the offense and the job.

• Provide applicants with background check information upon written request.

• Ensure expunged records are not considered in employment decisions.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Maintain clear workplace drug testing policies addressing marijuana use and workplace impairment.