Background Checks and Hiring in Louisiana: 'Ban the Box' Laws and Expunged Records

Checking a single box on a digital job application in New Orleans, Baton Rouge, or Shreveport used to mean automatic rejection by automated HR software before a hiring manager ever glanced at your resume. While a past brush with the criminal justice system in Orleans Parish or East Baton Rouge Parish can still complicate a job hunt, Louisiana has enacted robust statutory guardrails governing how both public agencies and private corporations screen applicants.

Whether you are a job seeker wondering if an old expunged felony will surface on a commercial background report, or an HR director in Lafayette or Lake Charles updating company onboarding forms, compliance requires navigating three intersecting legal frameworks: state civil service 'Ban the Box' mandates, the private-sector individualized assessment rules under the Louisiana Fair Chance Hiring Act (La. R.S. § 23:291.2), and federal disclosure rules under the Fair Credit Reporting Act (15 U.S.C. § 1681b).

'Ban the Box' Mandates: State Agencies vs. Private Employers in Louisiana

A common misconception among Louisiana workers is that 'Ban the Box'-the legal requirement to remove criminal history checkboxes from initial job applications-applies identically to every employer in the state. In reality, Louisiana law draws a sharp distinction between public government agencies and private businesses.

State Agencies and Public Employers

If you are applying for a state government job in Louisiana, strict 'Ban the Box' timing rules protect your application. Under La. R.S. § 42:1701 (which covers unclassified state positions) and matching rules enforced by the Louisiana Department of State Civil Service, Baton Rouge for classified state jobs, a state agency cannot inquire about an applicant's criminal history on the initial application form. Instead, the agency must wait until the candidate has been given an opportunity to interview for the position-or, if no interview is conducted, until the applicant has received a conditional offer of employment.

Exceptions apply only to law enforcement roles, corrections officers, and specific positions where state or federal statutes mandate a criminal background check prior to hiring. Additionally, municipalities like New Orleans enforce local ordinances barring city departments and private city contractors from asking about convictions on initial applications.

Private Employers and the Fair Chance Hiring Act

For private employers in Louisiana, state law does not prohibit asking about criminal convictions on an initial job application. However, under the Louisiana Fair Chance Hiring Act (La. R.S. § 23:291.2), every private employer in the state is subject to three mandatory legal restrictions when making a hiring decision:

1. Absolute Ban on Non-Conviction Arrests: Unless specifically required by another law, an employer shall not request or consider an arrest record or a criminal charge that did not result in a conviction if that information is received during a background check.
2. Mandatory 3-Factor Individualized Assessment: Before denying an applicant a job based on a criminal conviction record, the employer must perform an individualized assessment to determine whether the conviction has a direct and adverse relationship with the specific duties of the job. In making this assessment, the employer must evaluate: (a) the nature and gravity of the offense or conduct, (b) the time that has elapsed since the offense or conviction, and (c) the nature of the job sought.
3. Right to Obtain Background Records: Under La. R.S. § 23:291.2, if an applicant submits a written request, the employer must make available any background check information used during the hiring process.

Expunged Felonies and Misdemeanors: What Can Employers Consider?

Louisiana overhauled its criminal record clearing laws to help rehabilitated residents reenter the workforce, a remedial policy codified in La. Code Crim. Proc. art. 971. Under La. Code Crim. Proc. art. 977 and La. Code Crim. Proc. art. 978, eligible individuals can petition a criminal court-such as the Orleans Parish Criminal District Court, New Orleans or the 19th Judicial District Court, Baton Rouge-to expunge misdemeanor convictions (typically after a 5-year cleansing period) and non-violent felony convictions (typically after a 10-year cleansing period or following a deferred sentence under La. Code Crim. Proc. art. 893).

Your Legal Right to Answer 'No' on Job Applications

Once an Order of Expungement is signed by a judge and processed by the Louisiana State Police, Bureau of Criminal Identification and Information, Baton Rouge, La. Code Crim. Proc. art. 973 makes the record strictly confidential. Under La. Code Crim. Proc. art. 973:

• Private employers and commercial background check companies are prohibited from accessing expunged records.
• No person whose record of arrest or conviction has been expunged shall be required to disclose the record or the fact that it was expunged.
• You may legally answer 'No' to any job application question asking whether you have ever been arrested, charged, or convicted of a crime with respect to the expunged offense.

Statutory Exceptions Where Expunged Records remain Visible

While regular private employers cannot see or consider expunged felonies, La. Code Crim. Proc. art. 973 carves out specific exceptions for sensitive regulatory boards and agencies. Expunged records remain accessible to law enforcement agencies, criminal justice agencies, and specific state licensing boards, including the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Practical Nurse Examiners, the Louisiana State Board of Dentistry, the Office of Financial Institutions, and healthcare or childcare facilities governed by La. R.S. § 40:1203.1 and La. R.S. § 15:587.1.

FCRA Compliance for Credit Checks and Third-Party Background Reports

Louisiana does not have a state statute banning employment credit checks, meaning employers in banking, accounting, retail management, and financial services can pull applicant credit reports. However, whenever a Louisiana employer uses an outside Consumer Reporting Agency (CRA) to run a criminal check or credit history, they must strictly comply with the federal Fair Credit Reporting Act (15 U.S.C. § 1681b) and Louisiana's companion statute, La. R.S. § 9:3571.1:

• Standalone Written Disclosure and Consent: Before ordering the report, the employer must give the applicant a clear, standalone disclosure document (separate from the general job application) and obtain the applicant's written signature.
• 7-Year Lookback Limit on Non-Convictions and Credit Items: Under 15 U.S.C. § 1681c, background check companies cannot report civil judgments, paid tax liens, collection accounts, or non-conviction records older than 7 years (or bankruptcies older than 10 years) for jobs paying under $75,000 annually.
• Two-Step Pre-Adverse Action Process: Before rejecting an applicant based on a background or credit report, the employer must send a Pre-Adverse Action Notice containing a copy of the report and the federal Summary of Rights, giving the worker a reasonable window (typically 5 business days) to dispute errors-such as an expunged conviction that a reckless data broker failed to delete-before issuing a final Adverse Action Notice. Federal courts covering Louisiana, such as in Young v. Equifax Credit Information Services, Inc., 294 F.3d 631 (US Court of Appeals 5th Cir. 2002), enforce strict accuracy and dispute resolution standards under consumer reporting laws.

Step-by-Step Guide for Applicants Facing Background Check Hurdles in Louisiana

Step 1: Audit Your Own Official Rap Sheet

Before applying for competitive roles, you can request a personal review of your state criminal history from the Louisiana State Police, Bureau of Criminal Identification and Information, Baton Rouge using Form DPSSP 6696, Louisiana, State Police, Authorization to Disclose Criminal History Records Information to verify whether old dismissals or expunged offenses have been properly removed.

Step 2: File a Motion for Expungement or Obtain a Certificate of Employability

If an eligible misdemeanor or felony is still visible, file Form La. C.Cr.P. Art. 989, Louisiana, Supreme Court, Motion for Expungement in the parish court where the conviction occurred. Additionally, workers completing reentry programs can petition a reentry division of court for a Certificate of Employability under La. R.S. § 23:291.1, which shields prospective employers from negligent hiring liability under La. R.S. § 23:291.

Step 3: Demand Your Background Report and Submit Rehabilitation Evidence

If an employer flags your record, immediately submit a written request under La. R.S. § 23:291.2 for the exact background report used. During the 5-day FCRA pre-adverse action window, provide your certified Order of Expungement (if a background vendor illegally reported an expunged charge) or submit evidence of rehabilitation demonstrating that the conviction has no direct and adverse relationship to the job's specific duties.

Step 4: File an Administrative Charge or FCRA Lawsuit

If an employer violates FCRA disclosure rules, considers non-conviction arrests in violation of La. R.S. § 23:291.2, or uses criminal screening in a way that creates an unlawful disparate impact, you can file Form 5, Federal, EEOC, Charge of Discrimination with the Equal Employment Opportunity Commission, New Orleans or the Louisiana Commission on Human Rights, Baton Rouge, or pursue civil damages in federal or state court.

How Much Does It Cost in Louisiana?

• Employer Background Check & Fingerprinting Cost to Applicants: $0 (Under La. R.S. § 23:897, employers cannot pass the $26 Louisiana State Police background check fee or fingerprinting costs onto job applicants, though organizations may charge unpaid volunteers).
• Personal Rap Sheet Review at Louisiana State Police Headquarters: $26 processing fee (plus $10 fingerprinting fee if done on-site in Baton Rouge).
• Statutory Expungement Filing Fees: Up to $550 total under La. Code Crim. Proc. art. 983 (consisting of a $250 money order to the Louisiana State Police, $200 to the Parish Clerk of Court, $50 to the District Attorney, and $50 to the Parish Sheriff), unless waived for dismissed charges.
• Louisiana Attorney Fees: Expungement representation typically costs a flat fee of $800 to $2,000. FCRA and employment discrimination attorneys frequently handle valid background check lawsuits on a contingency basis because 15 U.S.C. § 1681n provides statutory damages of $100 to $1,000 per violation plus mandatory attorney fees.

How Long Does the Process Take?

• Commercial Background Check Turnaround: Typically 2 to 5 business days, though manual parish courthouse searches in smaller Louisiana parishes can take 7 to 14 business days.
• FCRA Pre-Adverse Action Dispute Window: Employers must generally wait at least 5 business days after sending a Pre-Adverse Action Notice before finalizing a hiring rejection, while the background check agency has up to 30 days under 15 U.S.C. § 1681i to reinvestigate disputed records.
• Louisiana Expungement Timeline: Once filed with the parish clerk, prosecuting agencies have 60 days to object; uncontested expungements typically take 60 to 120 days for final processing by the Louisiana State Police.
• Statute of Limitations: FCRA claims must be filed within 2 years of discovering the violation (or 5 years from occurrence) under 15 U.S.C. § 1681p, while state tort actions carry a 2-year prescriptive period under La. Civ. Code art. 3493.1.

Whether you need to expunge an old conviction, challenge an inaccurate background report that cost you a job offer, or audit your company's hiring forms, you can connect with a seasoned Louisiana employment attorney in our directory to safeguard your rights.

Frequently Asked Questions (FAQ)