Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Louisiana: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
State government employers may not include a question about criminal history on an initial employment application. This applies only to state government hiring and does not restrict private employers, who may ask about criminal history at any stage.
Criminal Record Lookback Period
Louisiana has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
When making a hiring decision, an employer may not request or consider an arrest record or a charge that did not result in a conviction, if that information is received in the course of a background check.
Expunged / Sealed Records
Louisiana provides for expungement of eligible arrest records, non-conviction records, and certain misdemeanor and felony convictions after a waiting period that varies by offense type. Once a record is expunged, employers generally may not access or consider it in a hiring decision, subject to exceptions for certain licensing agencies, schools, childcare, and healthcare entities that retain access.
Salary History Ban
Louisiana does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
Louisiana does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Louisiana has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Louisiana has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Louisiana has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
State employers, and employers of a city, parish, or municipality, may not subject an employee or prospective employee to negative employment consequences based solely on a positive drug test for marijuana if the individual has been clinically diagnosed with a debilitating medical condition and a licensed physician has recommended marijuana for therapeutic use. This protection does not apply to use or impairment on the employer's premises or during work hours, or to an employee whose principal responsibility involves operating, maintaining, or supervising a state vehicle. This protection applies only to government employers; private employers may test for and act on marijuana use without restriction.
Pre-Adverse Action Notice & Waiting Period
Louisiana has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Louisiana has no state law adding to the federal adverse action notice process, though upon a written request by the applicant, an employer must make available any background check information used during the hiring process.
Authorization Requirements
Louisiana has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
When considering a criminal conviction, an employer must make an individual assessment of whether the record has a direct and adverse relationship with the specific duties of the job that may justify denying the applicant the position. The employer must consider the nature and gravity of the offense or conduct, the time that has elapsed since the offense, conduct, or conviction, and the nature of the job sought.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
Louisiana has no local ordinances regulating criminal history inquiries by private employers.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Louisiana gives employers wide latitude, but a few requirements still apply. To stay compliant:
You may ask about criminal history at any stage of the hiring process, since Louisiana has no ban the box law for private employers Do not consider an arrest record or a charge that did not result in a conviction if that information comes from a background check Before denying employment based on a conviction, document an individualized assessment considering the nature and gravity of the offense, time elapsed, and the nature of the job sought If the applicant makes a written request, provide any background check information used during the hiring process Confirm any criminal record returned has not been expunged before considering it Medical marijuana status provides no protection for private-sector employees, so you may test for and act on marijuana use without restriction Provide FCRA pre-adverse and final adverse action notices before rejecting an applicant based on a background reportNon-compliance can result in civil penalties, damages, and legal liability under both state and local law.
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