Can Louisiana employers consider my arrest record?

It depends on the employer's size. Under Act 406 (RS 23:291), employers with 20 or more employees cannot use arrest records that did not result in conviction in their hiring decisions. Smaller employers (under 20 employees) are not covered by this protection. Regardless of employer size, EEOC guidance discourages relying on arrest records alone.

Can I get my record expunged in Louisiana?

Yes, Louisiana has a robust expungement system. Eligible records include: arrests without conviction, dismissed charges, misdemeanor convictions (after waiting periods), and many felony convictions (after waiting periods, typically 5-10 years depending on the offense). Act 145 (2020) significantly expanded eligibility. You must file a petition with the court. Legal aid organizations can help with the process at no cost.

How did Act 145 change expungement in Louisiana?

Act 145 (2020) was a major expansion of Louisiana's expungement laws. It reduced waiting periods for many offenses, expanded the list of crimes eligible for expungement, and streamlined the petition process. The act made it possible for significantly more Louisianans to clear their records and get a fresh start. It was one of the most significant criminal justice reforms in the state's recent history.

Does Louisiana have ban-the-box?

For state government employers, yes — state agencies cannot ask about criminal history on initial job applications. For private employers statewide, no. However, the City of New Orleans has a local fair-chance ordinance that covers private employers within city limits. If you are applying for a job in New Orleans, check whether the employer is covered by the local ordinance.

How much does expungement cost in Louisiana?

Louisiana expungement fees vary but typically include court filing fees and processing fees that can total several hundred dollars. Some offenses may have reduced fees. Fee waivers may be available for individuals who cannot afford the cost. Legal aid organizations like the Louisiana Center for Law and Civic Education and Southeast Louisiana Legal Services offer free expungement assistance.

What offenses cannot be expunged in Louisiana?

Louisiana excludes certain serious offenses from expungement, including sex offenses requiring registration, crimes of violence as defined by RS 14:2(B), and domestic abuse battery in some circumstances. The specific exclusions are detailed in the Code of Criminal Procedure. Check with a legal aid attorney to determine if your specific offense qualifies for expungement.

Does Louisiana require employers to do individualized assessments?

No. Louisiana state law does not require employers to perform individualized assessments when evaluating criminal history. The main protection is Act 406's prohibition on using non-conviction arrest records at companies with 20+ employees. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and job relevance, but Louisiana does not mandate it.

Louisiana Background Check Laws

No state lookback limitLast updated: 2026-04-01

Louisiana has no state lookback limit — convictions are reported indefinitely. Employers with 20+ employees cannot use non-conviction arrest records (Act 406). Ban-the-box applies to public employers only. Louisiana has robust expungement statutes, significantly expanded by Act 145 (2020), covering many felony and misdemeanor convictions.

Overview

Louisiana does not impose a state-level time limit on how far back criminal convictions can be reported on a background check. Under the federal FCRA defaults, convictions can appear indefinitely. This means convictions from any time period can show up on a standard employment background check in Louisiana. Louisiana has taken some important steps to protect people with criminal records in employment. Act 406 (RS 23:291) prohibits employers with 20 or more employees from using arrest records that did not result in conviction when making hiring decisions. While this does not cover all employers, it provides meaningful protection for applicants at mid-size and large companies. Louisiana also has a ban-the-box policy for state government employers, though it does not extend to private employers statewide. One of Louisiana's strongest features is its robust expungement system. Act 145 (2020) significantly expanded expungement eligibility, allowing more offenses to qualify for record clearing and reducing waiting periods. Louisiana allows expungement by petition for a range of offenses, including many felony convictions after a waiting period. For eligible individuals, expungement removes the record from public view and prevents it from appearing on standard background checks. The state has also hosted expungement clinics and legal aid programs to help people navigate the process.

How Far Back Does a Background Check Go in Louisiana?

Record Type	Rule in Louisiana
Felony Convictions	Reported indefinitely. No state time limit on felony conviction reporting.
Misdemeanor Convictions	Reported indefinitely. No state time limit on misdemeanor conviction reporting.
All Convictions	No state limit. Convictions are reported indefinitely under FCRA defaults. Louisiana has no statute restricting how far back consumer reporting agencies can report criminal convictions.
Arrests (No Conviction)	Under the FCRA, arrests not leading to conviction can be reported for up to 7 years. Louisiana's Act 406 (RS 23:291) goes further for larger employers: employers with 20 or more employees are prohibited from using non-conviction arrest records in employment decisions, regardless of when the arrest occurred.
Pending Cases	Pending charges can be reported and considered by employers. Louisiana does not restrict the reporting of pending criminal cases, though Act 406's non-conviction protections may apply to charges that have been dropped.

Ban the Box / Fair Chance

Yes

Louisiana has ban-the-box for state government employers only. State agencies cannot ask about criminal history on initial employment applications. Private employers statewide are not covered by any ban-the-box law. However, the City of New Orleans has enacted a local fair-chance ordinance that extends protections to private employers within the city.

Effective: 2016-01-01

Clean Slate / Auto-Sealing

No Clean Slate law

Louisiana does not have a Clean Slate or automatic record-sealing law. However, Louisiana has one of the more robust petition-based expungement systems in the country, significantly expanded by Act 145 (2020). Eligible individuals can petition to expunge many misdemeanor and felony records after a waiting period. The 2020 expansion reduced waiting periods, expanded eligible offenses, and streamlined the process. Expunged records are removed from public view and should not appear on standard background checks.

What Employers Can Do in Louisiana

When can employers ask about criminal history?: Private employers in Louisiana can ask about criminal history at any time, including on the initial application (except in New Orleans, which has a local fair-chance ordinance). State government employers must delay criminal history inquiries until later in the hiring process.
What can they consider?: Employers with 20+ employees cannot consider non-conviction arrest records (Act 406, RS 23:291). All employers can consider conviction records regardless of age or job relevance — there is no state law requiring individualized assessment. If a record has been expunged, it is sealed from public view and employers should not have access to it.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Louisiana

Louisiana Act 406 / RS 23:291 — Arrest Record Protections
Prohibits employers with 20 or more employees from refusing to hire, discharging, or discriminating against an applicant based on arrest records that did not result in conviction. Provides meaningful protection for applicants at mid-size and large companies.
Louisiana Expungement Statutes (Code of Criminal Procedure Art. 971-995)
Comprehensive expungement framework allowing petition-based clearing of criminal records. Covers a range of offenses including misdemeanors and certain felonies after waiting periods. Significantly expanded by Act 145 (2020).
Louisiana Act 145 (2020) — Expanded Expungement(2020)
Major expansion of Louisiana's expungement eligibility. Reduced waiting periods, expanded the list of eligible offenses, and streamlined the petition process. Made expungement accessible to significantly more people with criminal records.
Louisiana Executive Order — Ban-the-Box (State Employers)(2016)
Prohibits state government agencies from asking about criminal history on initial employment applications. Does not apply to private employers.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. Louisiana's Act 406 provides additional protection beyond the FCRA for employers with 20+ employees regarding arrest records.

Frequently Asked Questions — Louisiana

How far back does a background check go in Louisiana?: Louisiana has no state lookback limit. Criminal convictions — both felonies and misdemeanors — can be reported indefinitely on background checks. Under the federal FCRA, arrests not leading to conviction are limited to 7 years. The only way to prevent old convictions from appearing is through expungement.
Can Louisiana employers consider my arrest record?: It depends on the employer's size. Under Act 406 (RS 23:291), employers with 20 or more employees cannot use arrest records that did not result in conviction in their hiring decisions. Smaller employers (under 20 employees) are not covered by this protection. Regardless of employer size, EEOC guidance discourages relying on arrest records alone.
Can I get my record expunged in Louisiana?: Yes, Louisiana has a robust expungement system. Eligible records include: arrests without conviction, dismissed charges, misdemeanor convictions (after waiting periods), and many felony convictions (after waiting periods, typically 5-10 years depending on the offense). Act 145 (2020) significantly expanded eligibility. You must file a petition with the court. Legal aid organizations can help with the process at no cost.
How did Act 145 change expungement in Louisiana?: Act 145 (2020) was a major expansion of Louisiana's expungement laws. It reduced waiting periods for many offenses, expanded the list of crimes eligible for expungement, and streamlined the petition process. The act made it possible for significantly more Louisianans to clear their records and get a fresh start. It was one of the most significant criminal justice reforms in the state's recent history.
Does Louisiana have ban-the-box?: For state government employers, yes — state agencies cannot ask about criminal history on initial job applications. For private employers statewide, no. However, the City of New Orleans has a local fair-chance ordinance that covers private employers within city limits. If you are applying for a job in New Orleans, check whether the employer is covered by the local ordinance.
How much does expungement cost in Louisiana?: Louisiana expungement fees vary but typically include court filing fees and processing fees that can total several hundred dollars. Some offenses may have reduced fees. Fee waivers may be available for individuals who cannot afford the cost. Legal aid organizations like the Louisiana Center for Law and Civic Education and Southeast Louisiana Legal Services offer free expungement assistance.
What offenses cannot be expunged in Louisiana?: Louisiana excludes certain serious offenses from expungement, including sex offenses requiring registration, crimes of violence as defined by RS 14:2(B), and domestic abuse battery in some circumstances. The specific exclusions are detailed in the Code of Criminal Procedure. Check with a legal aid attorney to determine if your specific offense qualifies for expungement.
Does Louisiana require employers to do individualized assessments?: No. Louisiana state law does not require employers to perform individualized assessments when evaluating criminal history. The main protection is Act 406's prohibition on using non-conviction arrest records at companies with 20+ employees. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and job relevance, but Louisiana does not mandate it.

Louisiana Resources

Louisiana State Police — Criminal Records
The state agency that maintains criminal history records. Request your Louisiana criminal history record and learn about the background check process.
Southeast Louisiana Legal Services (SLLS)
Provides free legal assistance to low-income Louisianans, including help with criminal record expungement petitions across southern Louisiana.
Louisiana Center for Law and Civic Education
Offers expungement clinics and legal education programs to help people with criminal records understand their options and clear eligible records.
Louisiana Workforce Commission
State agency providing employment resources, job training programs, and support for job seekers including those with criminal records.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Louisiana for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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