Louisiana provides some new, limited protections for individuals with criminal records who are seeking jobs or licensure.1  If an employer refuses to hire on the basis of a background check, an individual will need to request the background check in writing from the prospective employer. If a person is seeking licensure, there may be opportunities to challenge license denials if administrative rules or policies do not explicitly bar licensure based on a criminal conviction or if it is arguable that the criminal record is not directly related to employment or licensure. Such denials will need to be reviewed by practitioners on a case-by-case basis to determine if a violation occurred and whether an appropriate remedy exists

• 1For further discussion, see Section 2.

Individuals may also seek to correct or challenge incomplete or inaccurate information in their criminal records. Under La. R.S. 15:588, a person can request that the Louisiana State Police update a record which is incomplete. LSP acknowledges that approximately 80% of their records are incomplete or without final disposition, which can cause confusion if these records have been reported to frequently used commercial background check companies.

To update records with LSP, the person must first complete the “Right to Review” process by requesting a background check from LSP. Once missing dispositions are found in the record, the person must contact the district attorney and/or the clerk of court for the parish where the charges were and submit a certified copy of the disposition and other certified paperwork that shows the following information: 1) matching date of booking with LSP records; 2) arrest charge(s) matching LSP records; 3) clear indication of the disposal of the arrest charge (i.e., pleaded to another charge, amended, etc.); and 4) complete disposition for the charge of conviction. Original, certified copies can be hand delivered or mailed to LSP Bureau of Criminal Identification and Information for processing to update the record. Additionally, all certified materials may be submitted by fax or email directly from the agencies responsible for the disposition (district attorney or clerk of court). There is no processing fee to LSP at this time, but there will be fees for requesting and receiving certified copies of these records in many parishes.

If incomplete, inaccurate, or expunged records appear on a commercial background check, a person is required to dispute the record and request that it be corrected directly with the company that generated the report. This is controlled by the Fair Credit Reporting Act.1  The onus is on the individual to first challenge or dispute the record with the consumer reporting agency to have the information removed or corrected.

If the information is not timely corrected, an individual may have recourse for damages against the reporting agency. If this incomplete or inaccurate information was reported to a prospective employer and the individual believes the erroneous information was used in denying employment, they must contact the employer, but there are currently no protections or requirements that an employer reconsider a person based on the corrected information. If working with an expungement client, it may be beneficial to proactively check the client’s background after receiving the expungement to ensure the record has been properly removed. This is particularly useful if the client knows which background check company the employer will use (e.g., if the client is trying to drive for Uber, run a Chekr report to ensure accuracy before applying).

• 115 U.S.C. § 1681, et seq.