6.1.5 Criminal History on Applications

Clients with criminal records may ask you what to say on an application or may come to you with problems resulting from their answers. Louisiana currently has no general state law (although there may be local laws) preventing questions about expunged criminal records. Lying about a criminal record may lead to criminal prosecution (e.g., if made to a federal employer) or other adverse consequences, such as denial of unemployment compensation. La. R.S. 44:9(I) provides that a person whose arrest or conviction has been expunged under that law is generally not required to disclose the record or the fact that it has been expunged. However, whether a person may properly decline to disclose the record or the expungement is not always clear, and other laws may be held to take precedence.1

• 1See, e.g., In re Gavin, 2008-OB-2082 (La. 5/15/09), 8 So. 3d 556 (attorney applicant’s failure to disclose arrests a factor in denying LA license); Twin B. Casinos v. State, 2000 CA 1681 (La. App. 1 Cir. 9/28/01), 809 So. 2d 995 (license denied due to applicant’s failure to answer honestly question about expunged arrest record).