4.9.4 Accessing Criminal History

La. R.S. 15:587.8 allows a petitioner, or her lawyer, to request the state criminal history records of a defendant or a witness involved in a civil domestic violence, sexual assault, or human trafficking proceeding. The civil proceedings include Petitions for Protection from Abuse pursuant to the DAAA, PVSAA, and the PSFVRA. The law requires that the petitioner, or the attorney for the victim, submit a written request to the sheriff for the parish in which the petition is filed. The requesting party must include identifying information for the defendant, the petition number, and the court in which the case is pending. Attorneys must also include their Louisiana State Bar Roll Number. The attorney or petitioner is responsible for the criminal history check’s costs. This cost can be a barrier to some clients.

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.