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Louisiana background check laws for employers
Louisiana is one of the few Southern states with a fair-chance rule for private employers: an employer may not ask about or consider arrests that did not lead to a conviction, must do an individual assessment of convictions, and must share the background check with the applicant on written request. State-government jobs also have a ban-the-box rule, and New Orleans extends one to city contractors. Expunged records generally do not have to be disclosed.
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Fair-chance hiring (criminal history)
- Unless another law says otherwise, an employer making a hiring decision may not request or consider an arrest or charge that did not lead to a conviction if it shows up in a background check (La. R.S. 23:291.2(A)).
- For other criminal records, the employer must make an individual assessment of whether the record has a direct and adverse relationship with the specific duties of the job (La. R.S. 23:291.2(B)).
- The assessment must consider the nature and gravity of the offense, the time since the offense or conviction, and the nature of the job (La. R.S. 23:291.2(B)(1)-(3)).
- If the applicant asks in writing, the employer must give the applicant any background check information used in the hiring process (La. R.S. 23:291.2(C)).
- The section sets no employer-size threshold, no specific notice form and no waiting period; it took effect with Acts 2021, No. 406 (La. R.S. 23:291.2).
- Separately, state agencies may not ask about criminal history until after an interview, or after a conditional offer if there is no interview; this covers only state unclassified-service jobs, not private employers (La. R.S. 42:1701(A), (C)-(D)).
City and county rules
- New Orleans bars the City and businesses with a City contract, grant or cooperative endeavor agreement from asking about criminal history on initial job applications, effective March 1, 2019 (New Orleans City Code ยงยง 2-8, 2-13).
State consumer report rules
- A consumer denied employment wholly or partly because of a credit reporting agency's information may get a free copy of the report by asking the agency in writing within 60 days (La. R.S. 9:3571.1(D)).
- On the consumer's request, the employer or other user must give the name of the credit reporting agency that supplied the information (La. R.S. 9:3571.1(D)).
- A credit reporting agency must keep a record of who received any report furnished for employment purposes in the past two years (La. R.S. 9:3571.1(E)).
How far back a report can go
- No Louisiana law limiting how far back a background report may go was found; the federal FCRA limits apply.
- Employers may not request or consider arrests or charges that did not result in a conviction when found in a background check, unless another law provides otherwise (La. R.S. 23:291.2(A)).
- An expunged arrest or conviction record is confidential and is not a public record (La. C.Cr.P. art. 973(A)).
- Except to law enforcement, courts and the other persons listed in Paragraph A, a person with an expunged arrest or conviction does not have to disclose the arrest, conviction or expungement to anyone (La. C.Cr.P. art. 973(C)).
Credit checks
- No Louisiana statute was found that limits employer use of credit reports beyond the federal FCRA.
Also good to know
- Nursing homes, home health agencies, hospices, adult residential care, home- and community-based service providers and other listed providers must request a criminal history and security check before offering a job to nonlicensed persons who will give care (La. R.S. 40:1203.2(A); 40:1203.1).
Common questions
Can Louisiana employers run a background check?
Louisiana is one of the few Southern states with a fair-chance rule for private employers: an employer may not ask about or consider arrests that did not lead to a conviction, must do an individual assessment of convictions, and must share the background check with the applicant on written request. State-government jobs also have a ban-the-box rule, and New Orleans extends one to city contractors. Expunged records generally do not have to be disclosed.
Does Louisiana have a ban-the-box law for private employers?
Unless another law says otherwise, an employer making a hiring decision may not request or consider an arrest or charge that did not lead to a conviction if it shows up in a background check (La. R.S. 23:291.2(A)).
How far back does a background check go in Louisiana?
No Louisiana law limiting how far back a background report may go was found; the federal FCRA limits apply.
Can Louisiana employers run credit checks on applicants?
No Louisiana statute was found that limits employer use of credit reports beyond the federal FCRA.
Sources
- La. R.S. 23:291.2 (official)
- La. R.S. 42:1701 (official)
- La. C.Cr.P. art. 973 (official)
- La. R.S. 9:3571.1 (official)
- La. R.S. 40:1203.1 (official)
- La. R.S. 40:1203.2 (official)
- City of New Orleans, Ban the Box Initiative (official)
- New Orleans City Council news release, Oct. 2018 (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.