Louisiana Background Check Laws (2026 Guide)

Louisiana background check rules combine federal FCRA protections with state statutes including RS 23:291.2, which bars employers from considering non-conviction arrest records and requires an individualized assessment of any conviction before a hiring decision is made.

Overview of Louisiana Background Check Laws

Last verified: March 2026. This page reflects current Louisiana Revised Statutes, the Code of Criminal Procedure, and the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).

Table of Contents

• Overview of Louisiana Background Check Laws
• How to Request a Background Check in Louisiana
• Employer Background Check Rules
• Louisiana Ban the Box Law
• Fair Chance Hiring Under RS 23:291.2
• FCRA Requirements for Louisiana Employers
• Lookback Periods and Reporting Limits
• Expungement of Criminal Records
• Automated Expungement System
• Housing and Tenant Screening
• Professional and Occupational Licensing Checks
• Child Care and Healthcare Background Checks
• Certificate of Employability
• Employer Liability Protections
• New Orleans Local Ordinance
• Recent Changes to Louisiana Background Check Laws
• Frequently Asked Questions
• Sources and References

Louisiana has developed a layered set of background check laws at the state and local levels that interact with federal requirements under the Fair Credit Reporting Act (FCRA). Whether you are an employer screening job applicants, a landlord evaluating tenants, or an individual seeking to understand your own record, Louisiana law provides specific rules and protections that apply at each stage.

The state has moved steadily toward giving people with criminal records a fair chance at employment and licensing. Key reforms include the 2016 Ban the Box law for state employers, the 2021 Fair Chance Hiring Act for private employers, expanded expungement eligibility, and the launch of an automated expungement system in 2025.

This guide covers every major aspect of Louisiana background check law, including how checks are run, what employers can and cannot consider, expungement rules, housing screening, professional licensing, and recent legislative changes.

How to Request a Background Check in Louisiana

The Louisiana State Police Bureau of Criminal Identification and Information manages the state criminal history repository. Background checks in Louisiana can be requested through several channels depending on the purpose.

State Criminal Background Checks

The Louisiana State Police (LSP) offers an Internet Background Check (IBC) system that allows authorized agencies and individuals to request name-based criminal history searches. For a state-level check, the processing fee is $26.

Fingerprint-Based Checks

Fingerprint-based background checks provide a more thorough search through both state and FBI databases. The process requires:

• Two sets of fingerprints
• A valid photo identification
• A $26 fee for state processing plus a $12 fee for FBI processing where authorized
• Fingerprinting can be completed at LSP headquarters in Baton Rouge or at approximately 57 IdentoGO sites located throughout the state

At LSP headquarters, the fingerprinting fee is $10, and payment must be by money order, cashier's check, or company check. Credit card payments are accepted in person at headquarters.

Who Can Request a Check

Under RS 15:587, criminal history records are available to:

• Criminal justice agencies
• Employers with the applicant's written consent
• Local housing authorities with signed consent from applicants
• State licensing boards and commissions
• The Department of Children and Family Services
• The Department of Health
• Other entities authorized by specific Louisiana statutes

Employer Background Check Rules

Louisiana employers must follow both federal and state law when conducting background checks on job applicants and current employees. The primary state statute governing employer use of background check information is RS 23:291.

Definition of Background Check

Under Louisiana law, a "background check" includes research by any lawful means into the background of a prospective or current employee. This covers:

• State and federal criminal history repository searches
• Social Security status verification
• Research conducted under the USA PATRIOT Act regarding politically exposed persons
• Any purpose permitted under the federal Fair Credit Reporting Act

Applicant Access Rights

Upon written request, an employer must make available to the applicant any background check information used during the hiring process. This requirement applies regardless of whether the applicant was hired.

Consent Requirements

Employers who conduct background checks must obtain written consent from the employee or prospective employee before proceeding. This consent requirement is built into the employer immunity provisions under RS 23:291(D).

Louisiana Ban the Box Law

Louisiana became one of the early adopters of Ban the Box legislation when Governor John Bel Edwards signed Act 398 of 2016 (House Bill 266) into law on June 6, 2016. The law took effect on August 1, 2016.

What the Law Requires

The Ban the Box law applies to state government employment and is codified at RS 42:1701. Under this law:

• State employment applications cannot include a check-box or any question asking about criminal history
• A state employer may not inquire about a prospective employee's criminal history until after the applicant has been given an opportunity to interview for the position
• If no interview is to be conducted, the employer may not inquire until after the applicant has been given a conditional offer of employment
• The employer may still consider criminal history in the final hiring decision, weighing the nature and gravity of the conduct, the time that has passed since it occurred, and the specific duties and essential functions of the position

Which State Positions Are Covered

This is the limitation most summaries leave out. RS 42:1701(D) states: "This Section applies to each position in the state unclassified service, except a position in law enforcement or corrections or a position for which a criminal background check is required by law."

Most Louisiana state jobs sit in the classified civil service, and the statute does not reach them. If you are applying for a classified state position, this law does not give you the pre-interview protection, although civil service rules and other statutes may still govern how your record is used.

Exceptions

Even within the unclassified service, the law does not apply to:

• Positions in law enforcement
• Positions in corrections
• Positions for which a criminal background check is specifically required by law

Local Government Employers

Louisiana law does restrict parish and municipal employers, through a separate statute that is often overlooked. Under RS 42:1702, added by Act 392 of 2019, "No political subdivision, when filling an employment position, may inquire on an initial application form about a prospective employee's arrest record."

That protection is statewide. It does not depend on whether your parish or city has passed its own ordinance. It is also narrower than the state employment rule in two ways: it reaches only the initial application form, and it bars only arrest-record questions. A political subdivision may still ask on that same form about convictions, pending felony criminal charges, and pleas of nolo contendere, and the section does not apply to any position for which a criminal background check is required by law.

Scope Limitation

Neither statute reaches private-sector employers. Private employers in Louisiana are governed by RS 23:291.2, discussed below, and by any local ordinance that applies to them, such as the New Orleans ordinance covering city contractors.

Fair Chance Hiring Under RS 23:291.2

Louisiana significantly expanded protections for job applicants with criminal histories through Act 406 of 2021 (House Bill 707), codified at RS 23:291.2. This law went into effect on August 1, 2021, and applies to both public and private employers.

Who Is Covered

The law applies to any employer in Louisiana, public or private, that conducts background checks on candidates during the pre-hire process. The statute does not condition coverage on the employer's size.

Prohibition on Considering Arrest Records

Unless otherwise required by law, when making a hiring decision, an employer cannot request or consider an arrest record or charge that did not result in a conviction. If such information appears during a background check, the employer must disregard it.

This is a critical protection. An arrest alone is not evidence of guilt, and Louisiana law now recognizes that principle in the hiring context.

Individual Assessment Requirement

When considering conviction records, an employer must perform an individual assessment to determine whether the applicant's criminal history has a "direct and adverse relationship" with the specific duties of the job. RS 23:291.2(B) sets out three factors the employer must weigh:

1. The nature and gravity of the offense or conduct. A minor, nonviolent offense carries less weight than a serious or violent crime.
2. The time that has elapsed since the offense, conduct, or conviction. Older convictions are less relevant than recent ones.
3. The nature of the job sought. The conviction has to relate to the duties of the particular position, not to the employer's business in general.

An employer who denies a position based on a criminal record should be prepared to explain how the conviction is directly related to the job duties.

Applicant Disclosure Rights

Upon written request, an employer must provide the applicant with any background check information used during the hiring process. This gives applicants the opportunity to verify accuracy and contest errors.

FCRA Requirements for Louisiana Employers

The federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) applies to all Louisiana employers who use a consumer reporting agency (CRA) to conduct background checks. Louisiana does not have a comprehensive state equivalent of the FCRA, so the federal statute is the primary framework.

Pre-Adverse Action Notice

Before taking adverse action based on a background check report, an employer must:

1. Provide the applicant with a copy of the consumer report
2. Provide a written summary of FCRA rights (the Summary of Rights document published by the Consumer Financial Protection Bureau)
3. Allow the applicant a reasonable period to dispute inaccurate information before finalizing the decision

Adverse Action Notice

If the employer proceeds with an adverse action (such as not hiring the applicant), the employer must send a formal adverse action notice that includes:

• The name, address, and phone number of the CRA that provided the report
• A statement that the CRA did not make the hiring decision
• Notice of the applicant's right to obtain a free copy of the report within 60 days
• Notice of the right to dispute the accuracy of the report

Written Consent

Employers must obtain written authorization from the applicant before requesting a consumer report from a CRA. This disclosure must be provided as a standalone document, separate from the job application.

Louisiana State Consumer Reporting Provisions

Louisiana does have a state consumer reporting statute (RS 9:3571.1) that provides certain rights, including the right to receive a copy of your credit report within five business days of a written request. It also provides for security alert placement on consumer files.

Lookback Periods and Reporting Limits

Louisiana does not impose its own state-level lookback period on criminal background checks. However, federal law sets important limits.

Federal FCRA Reporting Limits

Under 15 U.S.C. 1681c, when a consumer reporting agency prepares a background check report, it generally cannot include:

• Arrests that did not result in a conviction older than seven years from the date of disposition, release, or parole
• Civil suits and civil judgments older than seven years from the date of entry
• Paid tax liens older than seven years from the date of payment
• Bankruptcies older than ten years

Salary Threshold Exception

The seven-year reporting restrictions do not apply to positions where the annual salary is expected to equal or exceed $75,000. For these higher-paying positions, a CRA may report criminal records, civil actions, and other adverse items beyond the seven-year window.

Conviction Records Have No Lookback Limit

Importantly, criminal convictions have no federal reporting time limit under the FCRA. A conviction from any point in a person's past can appear on a background check report, regardless of how old it is. The only way to remove a conviction from a background check is through expungement or pardon.

Practical Impact

Because Louisiana has no state lookback limit, the federal FCRA rules serve as the floor. Employers who run their own checks (without a CRA) are not bound by the FCRA's reporting limits, though they still must comply with RS 23:291.2's prohibition on considering non-conviction arrest records.

Expungement of Criminal Records

Louisiana provides a detailed statutory framework for expungement of criminal records under the Code of Criminal Procedure Articles 971 through 985.2.

What Expungement Means in Louisiana

Under Louisiana law, "expungement" means removal of a record from public access. It does not mean destruction of the record. An expunged record remains confidential but is still accessible to:

• Law enforcement and criminal justice agencies
• The Louisiana State Board of Medical Examiners
• The Louisiana State Board of Nursing
• The Louisiana State Board of Dentistry
• The Louisiana State Board of Examiners of Psychologists
• The Louisiana State Board of Social Work Examiners
• The Emergency Medical Services Certification Commission
• The Louisiana Attorney Disciplinary Board
• The Louisiana Supreme Court Committee on Bar Admissions

Expungement of Arrests Without Conviction (Article 976)

A person may file a motion to expunge an arrest record that did not result in a conviction if any of the following apply:

• The person was not prosecuted and the statute of limitations has barred prosecution
• The district attorney declined to prosecute the case
• The prosecution was dismissed
• The case resulted in an acquittal
• The person was judicially determined to be factually innocent

Expungement of Misdemeanor Convictions (Article 977)

A person may seek expungement of a misdemeanor arrest and conviction record if:

• The conviction was set aside and prosecution dismissed, OR
• More than five years have elapsed since completing the sentence, probation, or parole, with no felony conviction or pending felony charges during that five-year period

Ninety-Day Route for a First Marijuana Possession Conviction

Article 977(D), added by Act 342 of 2023, is a separate and much faster path. Notwithstanding any provision of law to the contrary, a person may file a motion to expunge a record of arrest and conviction of a misdemeanor conviction for a first offense possession of marijuana, tetrahydrocannabinol, or chemical derivatives thereof after ninety days from the date of conviction.

For anyone trying to clear that particular conviction before a background check, this is the shortest route Louisiana offers: ninety days instead of five years, and a $300 cost cap under Article 983(M) instead of $550. Article 998 supplies the motion form to use. The $300 cap terminates on August 1, 2026.

Expungement of Felony Convictions (Article 978)

A person may seek expungement of a felony arrest and conviction record if:

• The conviction was set aside and prosecution dismissed, OR
• More than ten years have elapsed since completing the sentence, probation, or parole, with no other criminal conviction during that ten-year period and no pending criminal charges

Cost of Expungement

The total cost to obtain a court order expunging a record cannot exceed $550 under Code of Criminal Procedure Article 983. This fee covers court costs and processing, and it carries no expiration date.

One narrower cap does expire. Article 983(M), added by Act 342 of 2023, caps the total cost of expunging a misdemeanor conviction for a first offense possession of marijuana at $300, and that paragraph "shall be null, void, and without effect and shall terminate on August 1, 2026." The August 2026 date applies only to the $300 marijuana cap, not to the general $550 limit.

Automated Expungement System

One of the most significant recent changes in Louisiana background check law is the creation of an automated expungement system under Code of Criminal Procedure Article 985.2.

How It Works

Beginning January 1, 2025, eligible individuals can submit a request through the Louisiana Bureau of Criminal Identification and Information (BCII) for automated expungement processing. The request form requires:

• Full legal name
• Date of birth
• Last four digits of the Social Security number
• Arrest date
• Case number

Within 30 days of receiving the request, BCII must expunge any eligible records. After processing, BCII notifies the Louisiana Supreme Court case management system, which in turn alerts law enforcement agencies and district courts about the expungement.

Proactive Identification

BCII is also required to inventory all crimes for which expungement is authorized and to proactively identify records in its criminal repository database that are eligible for expungement under Articles 976, 977, and 978. This means some records may be flagged for automated clearing without the individual needing to file a request.

Fee Reduction Goal

A key goal of the automated system is to reduce or eliminate the $550 filing fee that has historically discouraged eligible individuals from pursuing expungement. Full implementation depends on state legislative funding.

Housing and Tenant Screening

Louisiana law allows landlords and housing authorities to conduct background checks on prospective tenants, but certain rules apply.

Public Housing

Under RS 15:587, local housing authorities may obtain criminal history records of applicants for public housing. The applicant must sign a written consent form authorizing the release of this information.

Private Landlords

Private landlords in Louisiana may conduct background checks as part of tenant screening, subject to the federal FCRA if they use a consumer reporting agency. Louisiana's residential lease application statute (RS 9:3258.1) adds a disclosure duty, but only where the lessor requires an application fee. Before accepting that fee, the lessor must give written notice of all of the following:

• The amount of the application fee
• Whether the lessor considers credit scores, employment history, criminal history, or eviction records in deciding whether to rent or lease to the applicant
• That the applicant may share, in good faith, a statement of 200 words or less explaining financial hardship resulting from a state or federally declared disaster or emergency and how that hardship affected the applicant's credit, employment, or rental history, with the lessor's notice referencing the COVID-19 pandemic and hurricanes

The second item is the one that matters most for screening. If a Louisiana landlord charges an application fee, the applicant is entitled to be told in writing, before paying it, whether criminal history and eviction records factor into the decision.

This provision applies to all lessors of property used as a primary residence, except owner-occupied buildings with four or fewer units. One limit is worth knowing: subsection D bars any cause of action against a lessor or the lessor's agents or employees for an alleged violation of the section, so the notice duty carries no private remedy.

Federal Fair Housing Considerations

The U.S. Department of Housing and Urban Development (HUD) has issued guidance cautioning that blanket bans on renting to individuals with criminal records may violate the Fair Housing Act if they disproportionately affect protected classes. Landlords should conduct individualized assessments rather than applying automatic disqualifications.

Professional and Occupational Licensing Checks

Louisiana has enacted specific protections for individuals with criminal records who seek professional or occupational licenses.

RS 37:2950: Criminal Record Effect on Licensing

Under RS 37:2950, a person cannot be disqualified from practicing any trade, occupation, or profession requiring a license solely because of a prior criminal record. The only exception is when a conviction directly relates to the specific occupation for which the license is sought.

When evaluating whether a conviction is directly related, the licensing entity must consider the nature of the specific duties and responsibilities of the licensed occupation. Any denial must be stated explicitly in writing with the reasons for the decision.

Pre-Application Eligibility Determination

Under RS 37:33, individuals can request a pre-application eligibility determination from a licensing board before submitting a full application. The licensing entity must respond within 45 days. This allows people with criminal records to find out whether their history is likely to be a barrier before investing time and money in the full application process.

Child Care and Healthcare Background Checks

Louisiana requires criminal background checks for individuals working with vulnerable populations, particularly children and the elderly.

Child Care (Louisiana Child Protection Act)

Under RS 15:587.1, known as the Louisiana Child Protection Act, criminal background checks are mandatory for:

• Individuals applying for positions of supervisory or disciplinary authority over children in child care facilities
• Independent contractors who perform work in child care facilities
• Employees of the Department of Children and Family Services whose duties include investigating child abuse or neglect
• Staff of child care institutions licensed by the department

The Louisiana Department of Education administers the Child Care Criminal Background Check (CCCBC) system. All CCAP-certified family child care providers, in-home providers, and their staff must obtain a CCCBC showing "Eligible for Child Care Purposes" status.

Portability

Under RS 15:587.1.1, a certified copy of a child care criminal background check satisfies requirements for each facility requesting criminal history information for a period of one year from the date of issuance.

Healthcare Facilities

Louisiana has no single statewide statute imposing background checks across all healthcare employers. The requirements are position-specific and sit in separate statutes, licensing rules, and federal program conditions, so what applies depends on the setting and the role.

RS 40:61.1 is sometimes cited as a general healthcare rule, but its text is narrow. It provides that no person shall be hired or promoted in the division of records and statistics, office of public health, Louisiana Department of Health, until it is determined whether that person has been convicted of or pled nolo contendere to a crime as defined by RS 14:7. That is the state vital records office. The section does not set a hiring rule for nursing homes or home health agencies, and it requires the applicant's signed permission before the record check is released.

Healthcare employers should confirm the specific check required for a given position with the Louisiana Department of Health and the applicable licensing board rather than assuming one statute covers the industry.

Certificate of Employability

Louisiana provides a pathway for formerly incarcerated individuals to demonstrate rehabilitation through the Certificate of Employability program under RS 23:291.1.

Temporary Certificate

A judge presiding over a reentry division of court (established under RS 13:5401) shall issue a temporary certificate of employability to an offender under intensive supervision of the reentry court. The certificate becomes null and void if the individual fails to successfully complete the sentence and is revoked from probation.

Permanent Certificate

A permanent certificate of employability is issued to an individual who has successfully completed their sentence under the reentry court program. However, a permanent certificate becomes null and void if the holder is convicted of any felony offense after the certificate was issued.

Employer Protection

Employers who hire individuals holding a certificate of employability receive significant legal protection. Under the statute, an employer, general contractor, premises owner, or other third party is not subject to a cause of action for negligent hiring or failing to adequately supervise the individual when relying on a certificate of employability.

Employer Liability Protections

Louisiana provides two notable liability shields for employers related to background checks.

Immunity for Disclosing Employment Information

Under RS 23:291(A), any employer that provides accurate information about a current or former employee's job performance or reasons for separation, upon request by a prospective employer, is immune from civil liability. The employer is considered to be acting in bad faith only if it can be shown by a preponderance of the evidence that the information was knowingly false and deliberately misleading.

Immunity for Conducting Background Checks

Under RS 23:291(D), any employer that conducts a background check after obtaining written consent from the employee or prospective employee is immune from civil liability for claims arising out of the disclosure of the background information obtained. This immunity extends to claims of failure to hire, wrongful termination, and invasion of privacy, as well as third-party claims of negligent hiring or negligent retention.

Immunity for Reliance on Former Employer Information

Any prospective employer who reasonably relies on information disclosed by a former employer about an employee's job performance or reasons for separation is immune from civil liability, including liability for negligent hiring and retention, unless further investigation (such as a criminal background check) is required by law.

New Orleans Local Ordinance

The City of New Orleans has its own Ban the Box ordinance that goes beyond the state law.

2018 Ordinance

On October 18, 2018, the New Orleans City Council passed a Ban the Box ordinance that took effect on March 1, 2019. The ordinance prohibits city agencies and city contractors from including questions about criminal records on job applications.

Who Is Covered

The ordinance covers:

• City departments and agencies
• Private employers that hold contracts with the city or receive city funding

The ordinance does not apply to private employers who do not contract with or receive funding from the city. It also includes exceptions for law enforcement, emergency response, and aviation security positions.

Requirements

Covered employers must conduct an interview or extend a conditional job offer before requesting a criminal background check. They are still permitted to conduct background checks later in the hiring process.

Recent Changes to Louisiana Background Check Laws

Louisiana has enacted several significant reforms in recent years:

2021: Fair Chance Hiring Act (Act 406)

RS 23:291.2 took effect on August 1, 2021. It prohibits employers from considering non-conviction arrest records and requires an individualized assessment of conviction records during hiring.

2023: Faster Expungement for a First Marijuana Misdemeanor (Act 342)

Act 342 of 2023 (House Bill 286) amended Code of Criminal Procedure Article 986 and enacted Articles 977(D), 983(M), and 998. It allows a person to move to expunge a misdemeanor conviction for a first offense possession of marijuana ninety days after the conviction, caps the total cost of that expungement at $300, and adds a dedicated motion form. Its fee provision terminates on August 1, 2026. The act does not create an automated expungement program.

2025: Automated Expungement System Launch

As of January 1, 2025, the automated expungement system under Article 985.2 became operational. Eligible individuals can now submit simplified requests for record expungement through BCII, with a 30-day processing timeline.

2024: LSP Background Check System Update

The Louisiana State Police launched the LAPS system on April 17, 2024, modernizing how criminal history requests are processed and reported, particularly for alcohol and tobacco licensing through the Office of Alcohol and Tobacco Control.

Frequently Asked Questions

Can a Louisiana employer deny me a job because of an arrest that did not lead to a conviction?

No. Under RS 23:291.2, Louisiana employers cannot request or consider an arrest record or charge that did not result in a conviction when making a hiring decision. If such information appears on a background check, the employer must disregard it. The only exception is when another law specifically requires consideration of arrest records for that particular position.

How far back do background checks go in Louisiana?

Louisiana does not impose a state-level lookback limit. Under the federal FCRA, consumer reporting agencies generally cannot report non-conviction records older than seven years. However, criminal convictions have no federal reporting time limit and can appear regardless of age. For positions paying $75,000 or more per year, the seven-year restriction on non-conviction records does not apply.

How do I get my criminal record expunged in Louisiana?

You can pursue expungement through the traditional court process or through the automated system that launched on January 1, 2025. For the automated system, submit a request through the Louisiana Bureau of Criminal Identification and Information with your name, date of birth, last four digits of your Social Security number, arrest date, and case number. Eligible records must be expunged within 30 days. Misdemeanor convictions are generally eligible after five years, and felony convictions after ten years, provided the person has no subsequent convictions.

Can a landlord in Louisiana run a criminal background check on me?

Yes. Private landlords may conduct criminal background checks as part of tenant screening, and public housing authorities can obtain criminal history records with the applicant's written consent under RS 15:587. However, landlords who use a consumer reporting agency must comply with the federal FCRA. HUD guidance also cautions against blanket criminal history bans that may violate the Fair Housing Act.

Can a professional licensing board deny my license because of a criminal conviction?

Not automatically. Under RS 37:2950, a person cannot be disqualified from any trade, occupation, or profession solely because of a criminal record. A licensing board can only deny a license when the conviction directly relates to the occupation. The board must state its reasons in writing, and applicants can request a pre-application eligibility determination under RS 37:33 to learn where they stand before investing in the full application.