Conducting Criminal Record Checks in Louisiana
Employers in Louisiana are permitted or required to conduct criminal record checks in accordance with these rules.
Louisiana provides that employers may refuse to hire individuals based on certain criminal background information. Also, if the results of a criminal history background check reveal that any licensed ambulance personnel or nonlicensed person has been convicted of an offense that includes the distribution or possession with the intent to distribute controlled substances, the employer may refuse to hire or contract with that person.
In Louisiana, it is unlawful for a public or private employer to recover the costs of fingerprinting that is required as a condition of employment from applicants or employees.
When criminal background information is requested for persons applying for a position of supervisory or disciplinary authority over children, the Louisiana Bureau of Criminal Identification and Information is required to provide information regarding all criminal convictions for a period of ten years prior to the request.
A person must not be hired by any organization that has supervisory or disciplinary authority over children until the person has submitted his or her fingerprints to the Louisiana Bureau of Criminal Identification and Information and it has been determined that the person has not been convicted of or pled no contest to a crime. This rule also applies to volunteers.
Nurses and nursing applicants are required to undergo a criminal background check as a condition of licensure.
A nurse's aide offered temporary employment prior to the receipt of the results of a required criminal history check must be under the direct supervision of a permanent employee or in the presence of a member of the immediate family of the patient or a caregiver designated by a family member.
A person is not disqualified or ineligible to practice or engage in any trade, occupation or profession which requires a license solely because of a prior criminal record.
After the completion of a criminal background check of a nonlicensed health care individual, the Department of Public Safety and Corrections or authorized agency will provide to the employer only the information as is necessary to specify whether or not that person has been:
- arrested for or convicted of or pled nolo contendere to any crime or crimes;
- the crime or crimes for which the individual has been arrested or convicted or to which the individual has pled nolo contendere; and
- the date or dates on which the crime or crimes occurred.
The Bureau is required to adopt rules and regulations which provide a means for any individual, his authorized representative, or his attorney if he is physically incapable of appearing at the Bureau, to view, make notes, and administratively challenge the accuracy and contents of his personal criminal history information record and to seek corrections.