Expunged Records are Off-Limits to Employers in Louisiana

By Michael Klazema on 10/31/2014

With the passage of House Bill 55, Louisiana again regulated employer use of criminal record information for employment purposes. As of August 1, 2014, employers in Louisiana no longer have access to arrest or convictions that have been expunged.

House Bill 55 (Act No. 145) enacted Title XXXIV of the Code of Criminal Procedure, Articles 971 through 995, relating to expungement of criminal records. Under Article 973 of the new law, expunged records of arrests or convictions are considered confidential and are no longer considered part of the public record. The new law also expressly states that “no person whose record of arrest or conviction that has been expunged shall be required to disclose to any person that he was arrested or convicted of the offense, or that the record of the arrest or conviction has been expunged.” As a result, job applicants with expunged records may legally answer “no” in response to employment application questions about expunged arrests or convictions.

Exceptions to the restrictions are:

  1. Members of  law enforcement or criminal justice agencies or prosecutors for the purpose of investigating, prosecuting, or enforcing criminal law, or for other statutory purposes;
  2. Upon entry of a court order;
  3. The person whose record has been expunged, or his or her counsel; and
  4. Members of law enforcement or criminal justice agencies, prosecutors, or judges for the purpose of defending against civil litigation resulting from wrongful arrest, or other civil litigation, and the expunged record is necessary to the defense.

Other exceptions listed in the law include numerous state agencies that license for medical professions and occupations, as well as the Louisiana Department of Insurance, the Office of Financial Institutions, and others. Additional exceptions exist when the expunged records are used for the protection of children or for other law enforcement purposes.

Louisiana also restricts criminal record information about arrests that did not result in a conviction. We continue to monitor legislation in all states and will let you know when similar legislation is passed.

You may view Act No. 145 here:  

Tag Cloud
Recent Posts

Latest News

  • August 10 Moore Advanced teamed up with to secure the best possible hires. Read more about how this process has assisted them.
  • August 10 An adjudication withheld is a court agreement that doesn’t qualify as a conviction but can make matters confusing for individuals applying for jobs. Should you disclose a withheld adjudication to a prospective employer?
  • August 09 With adults now legally using recreational marijuana in numerous states, and with additional legalization efforts in the wings, expungement of old and minor drug-related convictions is more important than ever.
  • August 07 A West Virginia TV station is pushing the state’s Child Protective Services and Department of Health and Human Services to answer questions about background check policies. A CPS employee was recently charged with contributing to the delinquency of a minor, domestic assault, and threatening a police officer.
  • August 02 Woes continue for ridesharing companies struggling to keep riders safe after a man, illegally in the United States, was arrested and accused of several rapes dating back years.
  • July 31 South Carolina legislators recently passed a new law that will change the language of the state’s expungement policy. The new law will make expungement possible for repeat offenders. The previous law only allowed first offenses to be scrubbed from the public record.
  • July 26

    Hawaii employers have been banned from asking job applicants about their salary history. The new act’s effective date is January 1, 2019, and covers all employers that have at least one employee in that state.

  • July 26

    The expansion of the The North Carolina Certificate of Relief  Law, offers relief to jobseekers. An employer may take into consideration a certificate of relief despite the applicant’s criminal past; however, the certificate is not an expungement or pardon.

  • July 26

    With growing concerns about liability, businesses are transitioning away from one-time background checks in favor of continuous checks. The results are impacting both employers and employees.

  • July 25 Uber is officially launching a new ongoing criminal monitoring policy for drivers. The company started rolling out the new system in early July and will expand it in the months to come.